At approximately 3:00 A.M., on February 3, 2000, Sonya Winchell was driving two of her friends through a Fort Wayne Taco Bell drive-thru. When Winchell arrived in line, there was one car in front of her at the speaker. Winchell noticed that the occupants of the car, Remco Guy and Ariel Graham, were taking a long time placing their order and then got out of their car. At that point, Winchell yelled out her window, “Can we get moving, we are hungry!” Guy approached Winchell’s car, stuck his head in the window, and “started cussing everybody out.”
Guy removed his head from the window, stuck it back in, and asked, “You got an F-ing problem?” Winchell responded by “drill[ing] him in the nose.” Guy then pulled a gun out of his pants and shot Winchell. One of Winchell’s passengers and others summoned police officers who were in a nearby parking lot. Winchell survived the shooting, and Guy was convicted of attempted murder. Winchell filed a civil action against Guy and Graham, and against Taco Bell, alleging negligence. Is Taco Bell liable for the injuries that occur on its property? [Winchell v. Guy, 857 N.E.2d 1024 (Ind.)]

  • CreatedJune 06, 2014
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