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Yost (P), as an 18-year-old freshman at Wabash College (D) and a pledge at the Phi Kappa Psi fraternity, suffered injuries in an incident at the fraternity house in September 2007. P claimed his injuries resulted from a fraternity hazing incident. P is seeking damages from D (the owner and landlord of the fraternity house), the campus local fraternity (Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, hereafter the 'local fraternity'), the national fraternity (Phi Kappa Psi Fraternity, Inc.), and Nathan Cravens, one of the fraternity members. D sought summary judgment, asserting: (a) it did not have a duty as a college or as a landlord to protect D from Cravens' alleged negligence or criminal attack; (b) it is not subject to vicariously liability for the actions of any co-defendant; and (c) P's claim for punitive damages fails as a matter of law. P asserted that 'as the lessor, D had a duty to control the conduct of Phi Psi, and its members,' and that 'as the landlord, D had a duty to protect P from reasonably foreseeable tortious and criminal activity.' P also claimed that D assumed a duty to protect P from this incident when it prohibited hazing and responded to the many previous incidents of hazing with disciplinary measures.' P also claimed that D is 'vicariously liable for the actions of Phi Psi's members.' The trial court granted the motion and then ordered entry of final judgments thereon. P appealed, and the Court of Appeals affirmed. This court granted transfer.

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