Baker v. Fenneman & Brown Properties, LLC
Indiana Court of Appeals
793 N.E.2d 1203 (2003)
- Written by Mary Pfotenhauer, JD
Facts
Aaron Baker was in a Taco Bell when, through no fault of Taco Bell’s, Baker fell and was knocked unconscious and began having convulsions. Baker claims that no Taco Bell employee helped him in any way; Taco Bell claims the cashier asked Baker, when he regained consciousness, whether he needed an ambulance and Baker said that he did not. Baker then stood up and fell again, severely injuring himself. Baker (plaintiff) sued Fenneman & Brown Properties, LLC and Southern Bells of Indiana, Inc. (Taco Bell) (defendant), arguing that Taco Bell owed a duty to render assistance to him after his first fall until he could be cared for by others. The trial court granted summary judgment in favor of Taco Bell, finding that it owed no duty to assist Baker because it was not responsible for the instrumentality that caused Baker’s initial injury. Baker appealed.
Rule of Law
Issue
Holding and Reasoning (May, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.