Delta Tau Delta, Beta Alpha Chapter v. Johnson
712 N.E.2d 968 · Indiana Supreme Court · 1999
Facts
Tracey Johnson was sexually assaulted by an alumnus, Joseph Motz, at a Delta Tau Delta (DTD) fraternity party. Johnson sued DTD for negligence and a Dram Shop violation, and Delta Tau Delta National for gratuitously assumed duty, after the trial court denied their summary judgment motions. The Court of Appeals reversed, leading to this transfer.
Issue
Did the fraternity (DTD) owe a common law duty of reasonable care to protect Johnson from a foreseeable sexual assault by a third party? Could Johnson proceed on a Dram Shop claim against DTD? Did the National fraternity gratuitously assume a duty of care towards Johnson?
Holding
The court held that DTD owed Johnson a common law duty of reasonable care, affirming the trial court on that issue. However, Johnson could not proceed on a Dram Shop claim against DTD, nor did National gratuitously assume a duty of care, reversing the trial court on those issues.
Rule
Indiana courts must apply the "totality of the circumstances" test to determine if a landowner owes a duty to protect an invitee from the foreseeable criminal acts of a third party. This test considers all relevant factors, including prior similar incidents, without artificial limitations.
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