Fast Eddie’s v. Hal

688 N.E.2d 1270 (1997)

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Nature of the Case

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Facts

Schooley and Lamb arrived at D's together around 7:00 p.m. and began to consume alcoholic beverages. P arrived at the tavern and began to drink and socialize with Schooley. Schooley stepped outside the bar for moment, Lamb began to make advances toward P. The on-duty manager, Rita Stephens, noticed that P had become heavily intoxicated and was having difficulty sitting up on her bar stool. Stephens asked Lamb to take P out of the tavern. Lamb did as Stephens requested and escorted P to Schooley's car and returned to the bar. Schooley then drove P to his trailer in Terre Haute. After they arrived, P passed out in the passenger's seat of Schooley's car. Schooley then went inside his trailer and passed out on the couch. Lamb purchased a six-pack of beer from the tavern and drove to his home. He then drove to Schooley's trailer. Lamb removed Hall's (passed out) body and placed her in his car. He then drove to the Riley Conservation Club where he shot P in the abdomen and head, killing her. When the body was found, her blood alcohol was .23%, her skirt was twisted over her hips, and her breasts were partially exposed. P filed a complaint against D alleging that it was negligent per se by serving Lamb and P alcoholic beverages when they were visibly intoxicated. P further argued that D breached its common law duty of care to provide for P's safety by failing to protect her from Lamb's criminal acts of sexual assault and murder. D moved for summary judgment, and the motion was denied. D appealed.