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.)
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