indiana appeals court rules...

[taliv]

http://www.chicagotribune.com/news/...74.story?coll=chi-news-hed&ctrack=1&cset=true

Appeals court rules woman shot in drive-through can sue

Associated Press
Published December 8, 2006, 11:01 AM CST

FORT WAYNE, Ind. -- A woman shot in her car while waiting in a Taco Bell drive-through can sue the restaurant on grounds that it had lax security, the Indiana Court of Appeals ruled.

A Wells County judge originally ruled against Sonya Winchell, but the appeals court found Taco Bell had a duty to ensure her safety and a jury should decide whether it tried to do so.

"This was a hard-fought appeal, and we had to go to a lot of effort," Winchell's attorney Samuel Jarjour said of Wednesday's 3-0 decision. "They recognized the duty to protect their own employees but not their customers."

i hesitate to be overly optimistic here, but this could bring down some no-ccw signs in stores

edit: doh! s/chicago/indiana, thanks el t

 

[El Tejon]

Chicago? WTH? The Indiana Court of Appeals is in the Statehouse on Washington Street in Indianapolis.

Now I haven't been in a Taco Bell in 15 years or so, but I am unaware of any restaurant in Indiana that prohibits carrying (well, one or two strip clubs)?

This is about the duty of invitees and a jury will determine Pepsi's duty in this case.

 

[taliv]

to be more specific, if all the big retailers and restaurant chains suddenly realize they have a duty to protect because, among other reasons, that they have posted signs preventing employees/customers from protecting themselves, they might change their minds and attempt to put the responsibility back on customers and employees by removing the signs.

i know that's wishful thinking, but still...

 

[Autolycus]

I posted this in the General Gun forum.

But Taco Bell now has a resposibility for my safety while the police department and government does not?

 

[El Tejon]

Tec, yes, exactly.

The police have no duty to the public as a whole. This changes if you or I are in the back of the scout car.

Bidnesses invite people into them and want them to spend money there, excepting gun shoppes of course. If you invite someone in you owe a duty to them than someone you do not invite in, such as a trespasser.

Just as the business invite the customer, the police "invite" the arrestee.

 

[Kim]

I disagree with the ruliing. Taco Bell has no way to prevent a drive by. Just money folks is all this is about. Dumb legal system. No justice here at all. Just money for lawyers and making people who are not responsible for the crime pay.

 

[LAR-15]

This is just to get lawyers fat and rich.