Jokatherine H. Page and Jason W. Page v‪.‬

The Defendant has appealed a jury verdict holding it liable for personal injuries received by the Plaintiffs from a sudden
criminal assault by third parties while on Defendant's property. The American National Bank & Trust Company (Bank) is a national banking institution doing business in Hamilton County
where it operates a number of branches and some thirteen 24-hour automated teller machines (ATMs). It issues a coded card
to its customers and by use of that card a customer can draw up to $300 in cash from his deposit in the Bank at any time,
day or night. The Plaintiff-Appellee, JoKatherine Page, was a customer of the Bank and held an ATM card. On December 7, 1988,
at approximately 9:30 p.m. Mrs. Page went to the Brainerd Road branch of the Bank to use the ATM, as she had done on numerous
occasions before. Mrs. Page was accompanied by her 14-year-old son, Plaintiff-Appellee Jason Page. She parked her automobile
near the ATM and got out to make a withdrawal, leaving Jason in the car. There were two other patrons near the ATM, one being
a Mrs. Kurtz who was an acquaintance of Mrs. Page's. As they were talking, they were approached by a group of four to six
young black males. One of the men pushed Mrs. Page toward the ATM machine while holding an object, presumably a gun, to her
back and demanded she withdraw $300 from the ATM. Two others stood at the car with a gun pointed at Jason, threatening to
kill him if Mrs. Page did not cooperate. When she turned to tell Jason to stay in the car, the man behind her struck her in
the face with a solid object, knocking her down and severely injuring her face.