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SANTELLI v. RAHMATULLAH

No. 49S04-1212-CT-667.

993 N.E.2d 167 (2013)

Mary Elizabeth SANTELLI, as Administrator of the Estate of James F. Santelli, Appellant (Plaintiff below), v. Abu M. RAHMATULLAH, individually and d/b/a Super 8 Motel, Appellee (Defendant below).

Supreme Court of Indiana.

August 28, 2013.

Attorney(s) appearing for the Case

James R. Fisher , Debra H. Miller , Miller & Fisher LLC, Indianapolis, IN, Roger L. Pardieck , Karen M. Davis , Susan Boatright , The Pardieck Law Firm, Seymour, IN, Attorneys for Appellant.

William E. Winingham , John G. Shubat , Wilson Kehoe Winingham LLC, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.

Danford R. Due , Scott E. Andres , Due Doyle Fanning LLP, Indianapolis, IN, Attorneys for Appellee.

Julia B. Gelinas , Lucy R. Dollens , Frost Brown Todd LLC, Donald B. Kite, Sr. , Gonzalez Saggio & Harlan LLP, Indianapolis, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

On Petition To Transfer from the Indiana Court of Appeals, No. 49A04-1011-CT-704

RUCKER, Justice.

In this negligence case we address the application of Indiana's Comparative Fault Act to the issue of fault allocation in a specific context: that in which a premises owner has a duty to protect a business invitee from the foreseeable criminal act of a third party.

Facts and Procedural History

On October 16, 2005, plaintiff James Santelli was...

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