Riley, J.
STATEMENT OF THE CASE
Appellant-Plaintiff, Amber Cosgray (Cosgray), appeals the trial court’s grant of Appellee-Defendant’s, French Lick Resort & Casino d/b/a Blue Sky Casino, LLC (French Lick Resort), motion for summary judgment, concluding that French Lick Resort did not owe a duty to Cosgray, an invitee, to protect her from a criminal attack by an unknown assailant.
We affirm.
ISSUE
Cosgray presents us with one issue on appeal, which we restate as: Whether the trial court properly concluded that French Lick Resort did not owe Cosgray a duty as a matter of law to protect her from a criminal attack by an unknown assailant while on French Lick Resort’s premises.
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In this case, the threshold inquiry is whether French Lick Resort owed a duty to its invitee, Cosgray, to protect her from a criminal attack by an unknown assailant while she was in her room on French Lick Resort’s premises with her room door intentionally left unlocked. Necessary to our analysis is consideration of two Indiana Supreme Court cases, which “redrew the premises liability landscape.” Hoosier Mountain Bike Ass’n v. Kaler, 73 N.E.3d 712, 716 n.4 (Ind. Ct. App. 2017). The decisions in Rogers v. Martin, 63 N.E.3d 316 (Ind. 2016) and Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384 (Ind. 2016), carefully synthesized years of “less than perfectly lucid” caselaw on premises liability law in Indiana. Goodwin, 62 N.E.3d at 387. Reviewing the applicable precedents, Goodwin and Rogers initially observed that a landowner has a general duty to exercise reasonable care for the invitee’s protection while the invitee is on the premises. Rogers, 63 N.E.3d at 320. However, our supreme court continued that “although landlords owe invitees a well-established ‘duty to protect,’ courts must look at one critical element before extending that duty to cases where an invitee’s injury occurs not due to a dangerous condition of the land but due to some harmful activity on the premises. That element is foreseeability.” Id. at 324. That is, while landowners have a duty to take reasonable precaution to protect their invitees from criminal attacks by third parties, there is a foreseeability component in that analysis, requiring the trial.
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Here, Cosgray’s injuries resulted from the conduct of a third person. Under the foreseeability test outlined in Goodwin and Rogers—examining the broad type of plaintiff and the broad type of harm, without consideration of the actual facts— we find that the sexual criminal attack on Cosgray by another invitee in a room left intentionally unlocked was not normally to be expected, and thus not foreseeable, and therefore French Lick Resort did not owe a duty to Cosgray.
Cosgray encourages this court to take into consideration the “ongoing history of assaults and batteries involving injury and a prior reported rape” and the specific security measures to impose a duty on French Lick Resort. (Appellant’s Br. p. 16). However, Cosgray’s inclination to incorporate the totality of the circumstances into our consideration of the duty element is no longer applicable since our supreme court decision in Goodwin and Martin. See Goodwin, 62 N.E.3d at 392 (The totality of the circumstances test “is ill-suited to determine foreseeability in the context of duty.”). Accordingly, we affirm the trial court’s summary judgment for French Lick Resort.
CONCLUSION
Based on the foregoing, we conclude that French Lick Resort did not owe Cosgray a duty as a matter of law to protect her from a criminal attack by an assailant while on French Lick Resort’s premises.
Affirmed.
May, J. and Mathias, J. concur