BAKER V. FENNEMAN & BROWN PROPERTIES LLC
793 N.E.2d 1203 (2003)
NATURE OF THE CASE: (P) appealed a grant of summary judgment to Fenneman (D) in P's suit
alleging that D breached its duty to render assistance to him until he could be cared for by
others.
FACTS: P entered Taco Bell to purchase a soft drink. P felt nauseous, but he continued to
the counter, where he ordered a drink. P handed the cashier money for the drink and suddenly
fell backward. P's head hit the floor, and he was knocked unconscious and began having
convulsions. P claims that when he regained consciousness, he was staring at the ceiling, he
had no idea what was going on, and he did not know where he was. P claims that no Taco Bell
employee called for medical assistance or helped him in any way. D claims that the cashier
walked around the counter to Baker, where she waited for his convulsions to stop, and then
she asked P if he was okay and if he needed an ambulance. The employee claims P said he was
fine and he did not need an ambulance, so she walked back around the counter. P stood up and
fell forward and was knocked unconscious. The fall lacerated his chin, knocked out his four
front teeth, and cracked the seventh vertebra of his neck. When P regained consciousness, he
was choking on the blood and teeth in his mouth. P stumbled out of the store to a friend,
who contacted P's fianc to take him to the hospital. P sued D in that D breached its duty
to render assistance. D moved for summary judgment, claiming it owed no duty. The trial
court granted D's motion and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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