Baker v. Fenneman & Brown Properties LLC
793 N.E.2d 1203 (2003)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
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 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.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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