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Torts Keyed to Twerski
Baker v. Fenneman & Brown Properties, L.L.C.
Facts
Aaron Baker (Baker) fell in Taco Bell, became unconscious, and began having convulsions. Baker claimed that no Taco Bell employee offered him any assistance, while Taco Bell argued that Baker insisted for them not to call an ambulance. Baker fell a second time after attempting to get up following the restoration of his consciousness. Although the fall was no fault of Taco Bell’s, Baker sued Fenneman Brown Properties, L.L.C. (Taco Bell) under the presumption that Taco Bell had a duty to offer care to Baker until Baker could be cared for by others. Summary judgment was granted in favor of Taco Bell by the trial court under the presumption that Taco Bell did not have a duty to assist Baker if the company was not the cause of Baker’s injuries. Baker appealed.
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