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The Indiana Court of Appeals will hear oral arguments next week in a negligence lawsuit filed against Simon Property Group and Allied Universal Security Services over the 2022 Greenwood Park Mall shooting.
The lawsuit was filed by Kaya Stewart and her family. Stewart was injured in the random shooting by gunman Jonathan Sapirman, whose rampage resulted in three deaths. Sapirman was shot and killed by a bystander in the mall.
The lawsuit says Stewart suffered severe, life-threatening injuries from being shot.
Simon is appealing the Marion Superior Court’s denial of the company’s motion to dismiss the case.
Simon argues that the circumstances do not amount to a negligence claim against Simon or Universal Protection because mass shootings at a business are not normally to be expected.
Universal Protection argues that the shooting was not foreseeable as a matter of law.
Chief Judge Robert Altice and Judges Elaine Brown and Elizabeth Tavitas will hear the case on April 23 in the Court of Appeals Courtroom at the Statehouse.
The case is Simon Property Group, et al. v. P.R. Stewart, et al., 24A-CT-1700.
Two other lawsuits filed against the Simon Property Group and its security services over the Greenwood Park Mall shooting are on hold while the Stewart case is being appealed.
The lawsuits were filed in Marion Superior Court on behalf of Rosa Gomez, who survived the shooting, and the families of Victor Gomez, Pedro Pineda and Rosa Pineda, all of whom were killed in the mall’s food court on July 17, 2022.
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