Delta Tau Delta v. Johnson

712 N.E.2d 968 (Ind 1999)

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Nature of the Case

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Facts

D is a fraternity on the campus of Indiana University at Bloomington. P, an undergraduate student at Indiana University, attended a party at D's house. She had been invited to the party by a member of D. While there she met Motz, an alumnus of the fraternity and an acquaintance of hers. Prior to meeting P, Motz drank four or five beers. P's friends wandered off, and she was unable to find them. Motz offered to drive her home, but only after he had sobered up. P accepted the offer. They waited together in room C17 where they both had some drinks of hard liquor, talked, and listened to music with other guests. Between 3:30 a.m. and 4:00 a.m., P again searched for a ride home. When she was unsuccessful, Motz reaffirmed his offer to drive her home, but only after he sobered up. Soon thereafter, Motz locked himself and P in the room. He then sexually assaulted P. P sued Motz, Delta Tau Delta, Beta Alpha Chapter and Delta Tau Delta, National Fraternity ('National'). P claims that both the local and national frat breached a duty of care owed to her and that the local also violated the Dram Shop Act. Ds moved for summary judgment on the grounds that neither owed P a duty of care. They owed no duty to protect P from the unforeseeable criminal acts of a third party. Both motions were denied. On interlocutory appeal, the Court of Appeals reversed both denials of summary judgment on all issues.