Baker v. Fenneman & Brown Properties LLC

793 N.E.2d 1203 (2003)


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 fiancé 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.