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KROGER CO. v. PLONSKI

No. 49S02-0907-CV-347.

930 N.E.2d 1 (2010)

The KROGER CO., d/b/a Kroger Supermarket at 8150 Rockville Road, Indianapolis, Marion County, Indiana, Appellant (Defendant below), v. Lu Ann B. PLONSKI, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 30, 2010.

Attorney(s) appearing for the Case

Matthew L. Hinkle, Coots, Henke & Wheeler, P.C., Carmel, IN, Attorney for Appellant.

I. Marshall Pinkus, Pinkus & Pinkus, Indianapolis, IN, Attorney for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0807-CV-610

RUCKER, Justice.

A business invitee of a grocery store was assaulted in the store's parking lot. The store contends in part that because the assault was not reasonably foreseeable it owes no duty to the invitee. We granted transfer to explore this issue.

Facts and Procedural History

In this summary judgment action, the undisputed facts most favorable to the...

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