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Those cases evaluated foreseeability as it relates to the duty a landowner owes an invitee in negligence actions and determined that a “foreseeability analysis should focus on the general class of persons of which the plaintiff was a member and whether the harm suffered was of a kind normally to be expected — without addressing the specific facts of the occurrence.” Applying that framework here, the Court of Appeals defined the “broad type of plaintiff” as a restaurant patron who, like Hamilton, was subject to taunts and threats, while the “broad type of harm” was resulting injuries. Under those definitions, the court found Steak ‘n Shake had a duty to provide for Hamilton’s safety considering the 30-minute conflict that led up to Jackson shooting Hamilton. “Steak ‘n Shake did not have to know the precise harm that would befall its customer, only that there was some probability or likelihood that one of its patrons could be harmed and that the potential harm was serious enough that a reasonable person would have been induced to take precautions to avoid it,” Altice wrote. “An escalating thirty-minute encounter that included verbal threats and taunts, blocking of the exit, and pounding on windows in an effort to incite a physical altercation, all of which Steak ‘n Shake had knowledge, clearly created some likelihood that one of Steak ‘n Shake’s patrons could be harmed and that the potential harm could be serious.” Thus, the grant of summary judgment was reversed and the case remanded for further proceedings on Hamilton’s negligence allegations. Hoosier Insurance Company v. Nicole R. Riggs and Michael J. Riggs The Boone Superior Court must reconsider a subrogation claim arising from a fire on leased property after the Indiana Court of Appeals remanded the case for further examination of whether the property owners’ insurer has the right to seek damages from the tenants who caused the fire. In June 2013, Frank and Leah Harker leased a Boone County property to Nicole and Michael Riggs, who shared the property with Dustin Blevins. Two years later, the property sustained nearly $43,000 in fire damage after Blevins allegedly left burning incense unattended. The property was insured by Hoosier Insurance Company, which paid the full amount of damages to or on behalf of the Harkers for repairs. The insurance company then filed a damages complaint against the Riggses, alleging they had breached the lease.
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