Case Background
Angela Frost filed this lawsuit against Panera, LLC on June 26, 2023, in Allen Superior Court, Indiana, under Cause No. 02D03-2306-CT-000450. At the time of filing, Frost resided in Kosciusko County, Indiana. Panera, LLC operated as a Delaware Foreign Limited Liability Company with its principal office at 3630 South Geyer Road, Suite 100, St. Louis, Missouri, and it owned and operated a restaurant at 2104 East DuPont Road, Fort Wayne, Indiana. Panera later named Outdoor Detail, Inc. as a non-party Defendant, and Frost subsequently added Outdoor Detail to her amended complaint. Outdoor Detail operated as an Indiana Domestic For-Profit Corporation with its principal office at 4043 Transportation Drive, Fort Wayne, Indiana, and it held a contract with Panera to perform snow and ice removal services at the DuPont Road location. Outdoor Detail filed its answer to the amended complaint on December 20, 2023. The verdict form, filed on June 25, 2025, listed only Panera, LLC as the Defendant.
Cause
On January 28, 2023, Frost visited Panera's restaurant on East DuPont Road as a business invitee. As she exited the building, she slipped and fell on ice that had accumulated on the walkway. Her complaint stated that Panera knew or should have known about the hazardous condition but failed to warn customers or remedy it. Her amended complaint further alleged that Outdoor Detail performed its contracted snow and ice removal work negligently and carelessly, contributing to the dangerous condition on the walkway.
Damages Sought
Frost sought compensation for past and future medical bills and related expenses, lost income, reduced future earning capacity, and past and future pain and suffering, both physical and mental. She also requested judgment interest and Court costs where allowed under Indiana law, along with a trial by jury on all triable issues.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Angela Frost
· Counsel for Plaintiff(s): Brandon W. Smith | Amy K Lenceski | John Lewis Smith
· Expert for Plaintiff(s): Leamon D. Williams
Defendant(s): Panera, LLC
· Counsel for Defendant(s): Daniel M. Witte
Key Arguments or Remarks by Counsel
Claims
Frost argued that Panera owed her a duty of care as a business invitee and breached that duty by allowing ice to build up on the exit walkway without warning customers or clearing the hazard. She claimed Panera either knew about the dangerous condition or should have discovered it through reasonable inspection. Her amended complaint extended this argument to Outdoor Detail, alleging the company performed its snow and ice removal work carelessly and negligently, which contributed to the unsafe condition that caused her fall.
Defense
Outdoor Detail denied most of the factual allegations in the amended complaint, stating it lacked sufficient knowledge to confirm or deny details about Frost's residency, Panera's ownership structure, and the circumstances surrounding the fall. The company admitted it operated a snow and ice removal business at the DuPont Road location and admitted it held a contract with Panera for that work, but it denied acting negligently. Outdoor Detail raised sixteen affirmative defenses. It argued that Frost bore the majority of comparative fault, that she may have failed to mitigate her damages, and that she assumed the risk of walking on the icy surface. It further claimed that any hazardous condition was open and obvious, that it lacked actual or constructive knowledge of any defect, and that it was not in control of the premises at the time of the fall. Outdoor Detail also stated it was never given a reasonable opportunity to fix any problem even if one existed. Additionally, the company reserved the right to introduce evidence of collateral source payments Frost may have received and argued her medical expenses might have already been reduced through write-offs or adjustments under existing Indiana case law. Outdoor Detail also suggested that Frost's injuries could have stemmed from a prior or unrelated incident and that she may have already received compensation from other parties.
Jury Verdict
The jury reached its verdict on June 25, 2025. The panel assigned zero percent fault to Frost and one hundred percent fault to Panera, LLC. Because Frost's share of fault fell at or below fifty percent, the jury ruled in her favor and against Panera under Indiana's comparative fault rules. The jury set Frost's total damages at $987,000. Since Panera bore full responsibility, the jury applied the entire fault percentage to the total damages, resulting in a final verdict of $987,000 in favor of Angela Frost. The presiding juror signed and dated the verdict form on June 25, 2025.
