Ember v. B.F.D., Inc.

ON REHEARING

BUCHANAN, Judge.

As author of Ember v. B.F.D., Inc. (1986), Ind.App., 490 N.E.2d 764, I would modify the opinion by omitting that part which states that "we ground our reversal of the summary judgment solely on the basis of the failure to take into account the possible assumption of a gratuitous duty to protect persons outside the Pub's premises...." id. at T71. Also, I would ground our reversal of the summary judgment on those authorities discussed in the opinion which support additional bases of possible liability, to wit, premises liability, dangerous activity, and nuisance.…