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Cosgray v. French Lick Resort & Casino

Court of Appeals of Indiana

May 9, 2018

Amber Cosgray, Appellant-Plaintiff,
v.
French Lick Resort & Casino d/b/a Blue Sky Casino, LLC, Appellee-Defendant.

          Appeal from the Orange Circuit Court The Honorable Steven L. Owen, Judge Trial Court Cause No. 59C01-1512-CT-330.

          Attorney for Appellant Matthew D. Barrett Logansport, Indiana.

          Attorneys for Appellee Jeffrey L. Hansford Curtis P. Moutardier Boehl Stopher & Graves, LLP New Albany, Indiana.

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Plaintiff, Amber Cosgray (Cosgray), appeals the trial court's grant of Appellee-Defendant's, French Lick Resort & Casino d/b/a Blue Sky Casino, LLC (French Lick Resort), motion for summary judgment, concluding that French Lick Resort did not owe a duty to Cosgray, an invitee, to protect her from a criminal attack by an unknown assailant.

         [¶2] We affirm.

         ISSUE

         [¶3] Cosgray presents us with one issue on appeal, which we restate as: Whether the trial court properly concluded that French Lick Resort did not owe Cosgray a duty as a matter of law to protect her from a criminal attack by an unknown assailant while on French Lick Resort's premises.

         FACTS AND PROCEDURAL HISTORY

         [¶4] On December 7, 2013, Cosgray, along with her employer, Greg Pomasl (Pomasl), attended a work-related Christmas party at the hotel/casino owned and operated by French Lick Resort, at French Lick, Indiana. Cosgray and Pomasl arrived at the hotel around 2:00 p.m. and checked into their rooms. Cosgray was in Room 1504 and Pomasl's room was nearby. At the time of check-in at the hotel, all guests were given a key card, which is placed in a key card holder and which includes the following safety instructions:

1. Don't answer the door to your guest room without verifying who it is. If the person claims to be an employee, call the front desk and ask if someone from their staff is supposed to have access to your room and for what purpose.
2. Keep your room key with you at all times and don't needlessly display it in public. Should you misplace it, please notify the front desk immediately.
3. Close the door securely whenever you are in your room and use all of the ...

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