LuAnn Plonski alleged that after shopping at a Kroger Co. grocery store in Indianapolis, Indiana, during afternoon

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LuAnn Plonski alleged that after shopping at a Kroger Co. grocery store in Indianapolis, Indiana, during afternoon hours, she proceeded to the store’s parking lot (where her car was parked), placed her purse in the shopping cart she was using, opened the trunk of her car, and began loading her groceries into the trunk. She noticed that a man was walking toward her. He did not appear to be a Kroger employee (and, in fact, was not a Kroger employee). The man began running toward Plonski, who grabbed her purse and tried to run away but did not succeed. The man grabbed Plonski and her purse. He then picked her up, threw her in the trunk of the car, and began slamming the trunk lid on her legs. When the man looked away, Plonski jumped out of the trunk and ran into the Kroger store. The man then left the scene with Plonski’s purse. 

In an effort to collect damages for her injuries and the loss of her purse, Plonski filed a negligence lawsuit against Kroger in an Indiana court. After completion of discovery in the case, Kroger moved for summary judgment. Kroger argued that it owed no duty to Plonski and that even if it did owe a duty, there was no breach. In connection with its motion, Kroger provided affidavits from its risk manager and safety manager. Those affidavits asserted that the Kroger store in whose parking lot the incident occurred is located in a part of the city that has a reputation for low levels of criminal activity and that in the two-year period before the incident at issue, there had been only one report of criminal activity occurring on the store’s premises. Plonski responded to Kroger’s motion by citing her deposition testimony and other evidence. The trial court denied Kroger’s summary judgment request, and the Indiana Court of Appeals affirmed. Kroger appealed to the Supreme Court of Indiana. How did that court rule on whether Kroger owed a duty to Plonski and on whether Kroger was entitled to summary judgment?

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Business Law The Ethical Global and E-Commerce Environment

ISBN: 978-1259917110

17th edition

Authors: Arlen Langvardt, A. James Barnes, Jamie Darin Prenkert, Martin A. McCrory

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