Problem 2: On or about December 21, 2012, Hamilton, her brother Dustyn, and two friends were patrons at an Indianapolis Steak 'n Shake. A server and a cook, who was also acting as the manager, were the only other persons present. Shortly after Hamilton's group ordered their food, another group of individuals, including Ricky Jackson, entered the Steak 'n Shake and sat about ten to twenty feet away. Jackson began to threaten and verbally abuse Hamilton and Dustyn on account of Dustyn's sexual orientation. Jackson also attempted to goad Dustyn into fighting him and even blocked the door so no one could leave. At one point, Jackson went outside and continued taunting Hamilton and Dustyn by repeatedly pounding on the windows and yelling for Dustyn to come outside and fight him.

The tension between the two groups escalated over the course of approximately thirty minutes. The server was aware of the verbal exchange and the nature of the insults and informed the cook/manager of the confrontation between the groups. Neither of the Steak 'n Shake employees took any action to intervene while the groups were seated at their tables, nor did they contact Steak 'n Shake's security agency or the police to defuse the situation.

The confrontation continued to intensify as the two groups made their way toward the cash register. The server and the cook stood behind the counter observing the heated exchange between the groups. Only after it seemed as though a physical altercation was imminent did. None of the individuals heeded the order and moments later, a physical altercation ensued between Jackson and Dustyn inside the Steak 'n Shake near the cash register. Hamilton inserted herself into the fray to help her brother and in response to Jackson repeatedly calling her names. After Hamilton hit Jackson in the face, Jackson pulled out a gun and shot Hamilton point blank in the face, causing Hamilton to suffer serious injuries. After the physical confrontation started, the server called for help, and after the gun was fired, the cook ran across the street to a nearby business to summon help. Hamilton later sued Steak n Shake for negligence.

Can the plaintiff successfully prove negligence? Why/why not?