dissenting.
I respectfully dissent. It is unnecessary to determine whether Village Pub owed Gunter a duty to protect her from Miller's attack because Miller's attack was an unforeseeable event. As the majority notes, a duty to protect against a criminal act arises only when the facts of a particular case make it reasonably foreseeable that a criminal act is likely to occur. Welch v. Railroad Crossing, Inc. (1986), Ind.App., 488 N.E.2d 383, 388. Here, Gunter's own deposition testimony shows that she told Village Pub's manager only that Miller had threatened to have her arrested, not that Miller had threatened to hit her. Consequently, there was nothing to alert the manager that Miller's attack was imminent or likely to occur. Therefore, I would affirm the trial court's entry of summary judgment in favor of Village Pub.