Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel

RUCKER, Justice.

In this negligence case we address the application of Indiana’s Comparative Fault Act to the issue of fault allocation in a specific context: that in which a premises owner has a duty to protect a business invitee from the foreseeable criminal act of a third party.

Facts and Procedural History

On October 16, 2005, plaintiff James Santelli was robbed and murdered inside his room in an Indianapolis-area motel owned by defendant, Abu Rahmatullah. Santelli was a resident of Illinois and had rented a room at the motel while he worked on a local construction project. In criminal…