Posted On: September 23, 2007
Duty of Indiana Restaurant to use Reasonable Care to Protect its Patrons
An Indiana restaurant patron suffered injuries when a man driving on a nearby highway had a heart attack, crossed over two lanes of oncoming traffic and several parking lots and crashed into a restaurant. Plaintiffs argued that the defendant’s failure to erect barriers in front of the building was a breach of its duty to the plaintiffs to exercise reasonable care.
The Indiana Court of Appeals disagreed and found that the incident was not foreseeable and therefore held there was no breach of duty on the restaurant’s part and granted summary judgment in its favor. See Schoop’s Restaurant v. Hardy, 863 N.E.2d 451 (Ind.App.2007).
