01/15/2026 | Press release | Distributed by Public on 01/14/2026 23:05
A gunman opened fire in Greenwood Park Mall. One victim, Kaya Stewart, and her family sued the property owner and its security company in Marion Superior Court raising premises liability and negligence claims. The property owner and security company moved to dismiss the complaint under Indiana Trial Rule 12(B)(6), arguing they had no duty to mall patrons because shootings are unforeseeable as a matter of law. The trial court denied their motions, finding the Stewarts' complaint had met their obligation to provide notice of the claim they were pursuing. On interlocutory appeal, the Court of Appeals affirmed. Simon Prop. Grp., L.P. v. Stewart, 263 N.E.2d 776 (Ind. Ct. App. 2025). The property owner and security company have petitioned the Indiana Supreme Court to accept jurisdiction over the appeal.