PM Gas & Wash Co., Inc. v. Smith

CONCURRING OPINION

Buchanan, C.J.

I concur in the result only in this case for the reasons stated in my concurring opinion in Swanson v. Shroat (1976), 169 Ind.App. 80, 345 N.E.2d 872. The majority opinion repeats what I consider a subtle transition from established Indiana Law of non-host liability to a negligence standard (i.e., § 342 of the Restatement (2d) of Torts)... a *463transition which is not sanctioned by the Supreme Court of this state. See authorities discussed in Fort Wayne National Bank v. Doctor (1971), 149 Ind.App. 365, 272 N.E.2d 876.

NOTE — Reported at 383 N.E.2d 357.