After sustaining a head injury while swimming in the Beacon Health and Fitness Center pool, Jennifer Pennington sued Beacon under several negligence theories, including premises liability. The St. Joseph Superior Court denied Beacon’s summary judgment motion as to the premises liability claim. The Court of Appeals affirmed, citing Rogers v. Martin, 63 N.E.3d 316 (Ind. 2016), and finding Beacon failed to demonstrate it had no duty to Pennington under the circumstances. Pennington, et al. v. Mem. Hosp. of S. Bend, Inc., et al., 206 N.E.3d 473 (Ind. Ct. App. 2023), vacated. The Indiana Supreme Court has granted Beacon’s petition to transfer and assumed jurisdiction over the case.