Delta Tau Delta, Beta Alpha Chapter v. Johnson

712 N.E.2d 968 · Indiana Supreme Court · 1999

Facts

Tracey Johnson attended a party at the Delta Tau Delta (DTD) fraternity house where she was sexually assaulted by an alumnus, Joseph Motz. Johnson sued DTD and the national fraternity, alleging negligence, a Dram Shop Act violation, and gratuitous assumption of duty, respectively. DTD had prior incidents of assault and received warnings about sexual assault risks at fraternities.

Issue

Did the local fraternity (DTD) owe a common law duty of reasonable care to protect Johnson from a foreseeable sexual assault by a third party? Could Johnson pursue a Dram Shop claim against DTD, and did the national fraternity gratuitously assume a duty of care?

Holding

The court held that DTD owed Johnson a common law duty of reasonable care, reversing the Court of Appeals on this point. However, it affirmed the denial of the Dram Shop claim against DTD and the claim of gratuitous assumption of duty against the national fraternity.

Rule

Indiana courts must apply the "totality of the circumstances" test to determine if a landowner owes a duty to protect an invitee from the foreseeable criminal acts of a third party. This test considers all relevant factors, including prior similar incidents, without artificial limitations.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.