Legal Opinion

Schlotman v. Taza Cafe

Indiana Court of Appeals

Decided June 14, 2007No. 49A05-0608-CV-475PublishedCited by 11 opinions

1Opinion of the Court

OPINION

MAY, Judge.

David Schlotman was on a sidewalk outside the Taza Café, d/b/a Gyro Joint, eating food he had purchased there, when he was assaulted by unknown persons. He sued Gyro Joint, alleging it had a duty to protect him. The trial court granted summary judgment for Gyro Joint. Schlotman argues on appeal the attack on him was foreseeable and/or Gyro Joint assumed a duty to protect him.

We affirm.

FACTS AND PROCEDURAL HISTORY 1

The facts most favorable to Schlotman, the non-moving party, are that at about 11:00 p.m. on September 4, 2004, Schlot-man bought food at Gyro Joint on Broad…

2Cases cited8 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Merchants National Bank v. Simrell's Sports Bar & Grill, Inc.Indiana Court of Appeals · 2000
  3. Ember v. B.F.D., Inc.Indiana Court of Appeals · 1986
  4. Vernon v. Kroger Co.Indiana Supreme Court · 1999
  5. Reeder v. HarperIndiana Supreme Court · 2003

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua KearbyIndiana Court of Appeals · 2014
  2. M.S.D. of Martinsville v. JacksonIndiana Court of Appeals · 2014
  3. Marks v. Northern Indiana Public Service Co.Indiana Court of Appeals · 2011
  4. Vargas v. ShepherdIndiana Court of Appeals · 2009
  5. Williams v. TharpIndiana Court of Appeals · 2008

6 more not listed; retrieve them via the Exa API.

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