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,
Attorneys for Appellee Jeffrey L. Hansford Curtis P.
Moutardier Boehl Stopher & Graves, LLP New Albany,
OF THE CASE
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
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.
AND PROCEDURAL HISTORY
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 ...