LW v. Western Golf Ass'n

Decision Date12 July 1999
Docket NumberNo. 79S02-9907-CV-379.,79S02-9907-CV-379.
Citation712 N.E.2d 983
PartiesL.W., Appellant (Plaintiff Below), v. WESTERN GOLF ASSOCIATION, and Evans Scholars Foundation, Appellees (Defendants Below).
CourtIndiana Supreme Court

Michael J. Stapleton, Cheryl M. Knodle, Ball, Eggleston, Bumbleburg & McBride, Lafayette, Indiana, Attorneys for Appellant.

Bryce Bennett, Jr., Laura K. Taylor, Stephen M. Wagner, Riley Bennett & Egloff, Indianapolis, Indiana, Attorneys for Appellee.

ON CIVIL PETITION FOR TRANSFER

SELBY, J.

Appellant L.W. brings this appeal of an adverse summary judgment ruling in a negligence action. This case is one of three that we decide today on the common premises liability issue of whether a landowner/invitor ever owes an invitee a duty to take reasonable care to protect the invitee from the criminal acts of a third party. After being raped in the building where she lived, L.W. filed a complaint for damages against the owners of the building, Western Golf Association ("Western Golf") and Evans Scholars Foundation ("ESF"). Western Golf and ESF filed a joint motion for summary judgment on the grounds that neither owed a duty to L.W. and, in the alternative, that any action on their part was not the proximate cause of the injury. After a hearing, the court granted the motion. L.W. appealed the trial court's ruling to the Court of Appeals, and the Court of Appeals affirmed the trial court's decision. L.W. v. Western Golf, 675 N.E.2d 760 (Ind.Ct.App.1997). L.W. then filed a petition for transfer with this Court. We now grant transfer to address the following issue: whether defendants owed L.W. a duty of reasonable care to protect her against foreseeable criminal acts. We hold that the trial court properly granted summary judgment.

FACTS

On the night of October 15,1992, L.W. and some friends went to a bar located in West Lafayette, Indiana. At the time, L.W. was a sophomore and Evans Scholar at Purdue University. The Evans Scholarship, as sponsored by Western Golf and distributed by ESF, is awarded to deserving golf caddies so that they may attend certain universities. As required in order to keep her scholarship at Purdue, L.W. lived in the Evans Scholar house. After becoming intoxicated at the bar, L.W. was helped back to the house and to her room by several of her friends.

One of the people who helped L.W. get to her room was Brent Jenkins. At the time, Jenkins was a freshman Evans Scholar and also a resident of the Evans Scholar house. L.W.'s friends laid her on her bed. She was fully clothed and passed out. As he was leaving the room with everyone else, Jenkins removed L.W.'s shoes.

After leaving L.W.'s room, Jenkins returned to his own room and listened to some music. Later, he went to the computer room in the house so that he could type an English paper. The door to the computer room, however, was locked, so he had to return to his room in order to get the key. As he was walking back to the computer room, he passed by L.W.'s room. Jenkins entered L.W.'s room and raped her as she lay unconscious. Jenkins confessed to the rape and he was subsequently convicted and incarcerated.

DISCUSSION

L.W. brought a negligence action against Western Golf and ESF for the damages she sustained as a result of the rape. L.W. alleged that defendants had a duty to provide for a safe living environment, that defendants breached this duty, and that the breach proximately caused her injuries. As was true in two other cases decided today, Delta Tau Delta v. Johnson, 712 N.E.2d 968 (Ind.1999) and Vernon v. Kroger Co., 712 N.E.2d 976 (Ind.1999), defendants filed a motion for summary judgment on the issue of duty. The court granted the motion. We now grant transfer to address the issue before us in this case, like the other cases, whether the trial court properly ruled on the issue of duty.

This issue revolves around whether defendants owed plaintiff a duty to take reasonable care to protect her from the criminal acts of a third party. Indiana courts have held that, in certain factual situations, landlords have a duty to take reasonable precautions to keep the property safe for their tenants. See Center Management Corp. v. Bowman, 526 N.E.2d 228 (Ind.Ct.App.1988)

. This would seem especially true in this case as L.W. was required by defendants to live in the Evans Scholar house if she wished to keep her scholarship. This being so, we now confront the common question of the three opinions decided today: whether Western Golf and ESF owed L.W. a duty to take reasonable care to protect her against a third party criminal attack. As announced in the lead opinion, Delta Tau Delta v. Johnson, a court answers this question by asking whether the totality of the circumstances demonstrates that the criminal act was reasonably foreseeable. 712 N.E.2d at ___. When determining whether the totality of the circumstances supports the imposition of a duty, a court must look to "all of the circumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents, to determine whether a criminal act was foreseeable." Id. at 972. "A substantial factor in the determination of duty is the number, nature, and location of prior similar incidents, but...

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  • Severson v. Board of Trustees of Purdue University, 79A05-0112-CV-559.
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    ...protect the invitee from foreseeable third-party criminal attacks, we consider the totality of the circumstances. L.W. v. W. Golf Ass'n, 712 N.E.2d 983, 984–85 (Ind.1999) ; Vernon v. Kroger Co., 712 N.E.2d 976, 979 (Ind.1999) ; and Delta Tau Delta v. Johnson, 712 N.E.2d 968, 973 (Ind.1999).......
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