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Delta Tau Delta v. Johnson

Supreme Court of Indiana
712 N.E.2d 968 (1999)


Facts

In October 1990, Tracey Johnson (plaintiff) was invited to attend a party at Delta Tau Delta (DTD) (defendant), a local chapter of the Delta Tau Delta National Fraternity (National) (defendant) on the campus of Indiana University at Bloomington. At the party, Johnson encountered Joseph Motz, an alumnus of DTD and an acquaintance of Johnson. Motz and Johnson drank several alcoholic beverages, and Motz offered to drive Johnson home after Motz sobered up. After failing to find a ride home, Johnson was again offered a ride by Motz. Shortly after this offer, Motz locked Johnson and himself in a room and sexually assaulted Johnson. Johnson then brought a civil suit against DTD and National. At trial, both DTD and National filed motions for summary judgment, arguing that neither owed Johnson a duty of care. The trial court denied the defendants’ motions, but the court of appeals reversed the trial court’s judgment and granted the motions on interlocutory appeal. Johnson appealed the decision.

Rule of Law

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Issue

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Holding and Reasoning (Selby, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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