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DELTA TAU DELTA v. JOHNSON

No. 49S02-9601-CV-40.

712 N.E.2d 968 (1999)

DELTA TAU DELTA, BETA ALPHA CHAPTER, and Delta Tau Delta, National Fraternity, Appellants (Defendants Below), v. Tracey D. JOHNSON Appellee (Plaintiff Below), Joseph P. Motz, Non-appealing party (Defendant below).

Supreme Court of Indiana.

July 12, 1999.

Attorney(s) appearing for the Case

Norman T. Funk, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, Indiana, Attorney for Appellant Delta Tau Delta, National Fraternity.

Douglas B. King, Michael Rabinowitch, Wooden & McLaughlin, Indianapolis, Indiana, Attorneys for Appellant Delta Tau Delta, Beta Alpha Chapter.

Ronald E. Elberger, C. Joseph Russell, George T. Patton, Jr., Scott A. Weathers, Bose McKinney & Evans, Indianapolis, Indiana, Attorneys for Appellee.

ON CIVIL PETITION FOR TRANSFER

SELBY, J.

The present case asks us to determine whether the trial court, in a negligence action, properly denied a motion for summary judgment on the issue of duty.1 After being sexually assaulted in a fraternity house where she had attended a party, Tracey Johnson ("Johnson") brought a civil claim against the perpetrator, Joseph Motz ("Motz");

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