The Kroger Co., D/b/a Kroger Supermarket at 8150 Rockville Road, Indianapolis, Marion County, Indiana, Appellant…

Summary

The court affirmed denial of Kroger's summary judgment motion in a negligence action arising from an assault in the store's parking lot. It held that a landowner's duty to protect business invitees from foreseeable criminal attacks is not limited to attacks by patrons or guests, and that Kroger failed to establish as a matter of law that the assault was unforeseeable. The court also concluded that factual questions remained concerning breach and proximate cause. The opinion included no separate writings.