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Case Brief 3.docx

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LAW 101
Robert Weiner

Case Brief Business Law 101 2/9/13 Heather Brown Kroger Co. v. Plonski (Ind. Supreme Court 2010) (p.227) I. Facts The plaintiff Lu Ann Plonski was walking through the parking lot to her car after shopping at Kroger with her purse in her shopping cart. Upon reaching her car she opened the trunk to load in her groceries. A man was walking toward her whom was not a Kroger employee and grabbed her and her purse, threw her in the trunk of her car, and began slamming the lid on her legs. Plonski escaped, running toward the store and the man left with her purse. The defendant, Kroger, is argues that it owed no duty to the defendant and if there was, there was no breach. Affidavits were provided by Kroger’s safety and risk managers. II. Judgment Ruling in favor of plaintiff affirmed. Plaintiff prevails. III. Legal Principle A. Issue Was this attack reasonably foreseeable? B. Holding Yes. IV. Reasoning A. General Analysis To prevail on a claim of negligence the plaintiff must prove duty owed to the plaintiff by the defendant, breach of duty by allowing conduct to fall below the applicable standard of care and c
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