SCHLOTMAN v. TAZA CAFE

No. 49A05-0608-CV-475.

868 N.E.2d 518 (2007)

David SCHLOTMAN, Appellant-Plaintiff, v. TAZA CAFÉ, d/b/a Gyro Joint, Appellee-Defendant.

Court of Appeals of Indiana.

June 14, 2007.


Attorney(s) appearing for the Case

Timothy Devereux, Hensley Legal Group, Indianapolis, IN, Attorney for Appellant.

Rick D. Meils, John W. Mervilde, Meils Thompson Dietz & Berish, Indianapolis, IN, Attorneys for Appellee.


OPINION

MAY, Judge.

David Schlotman was on a sidewalk outside the Taza Café, d/b/a Gyro Joint, eating food he had purchased there, when he was assaulted by unknown persons. He sued Gyro Joint, alleging it had a duty to protect him. The trial court granted summary judgment for Gyro Joint. Schlotman argues on appeal the attack on him was foreseeable and/or Gyro Joint assumed a duty to protect him.

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