Case Brief Business Law 101 2/9/13 Heather Brown
Kroger Co. v. Plonski (Ind. Supreme Court 2010) (p.227)
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.
Ruling in favor of plaintiff affirmed. Plaintiff prevails.
III. Legal Principle
Was this attack reasonably foreseeable?
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