The owner of a northern Michigan bar can be sued for failing to protect a customer from a racially motivated assault that took place in front of the business.
Edward James Tyson suffered brain damage from the assault that occurred in 2015 outside B-S and Company in the village of Wolverine in Cheboygan County. That’s according to the opinion from the Michigan Court of Appeals.
The bar owner argued the business isn’t liable since the assault took place on the sidewalk outside. Tyson stopped by to pick up a pizza and was taunted by another customer, David Dawkins, who used the “n” word, and punched Tyson unconscious. The sidewalk in front of the bar was used by customers to smoke and listen to live music from a park across the street.
The court ruled it’s fair to ask whether the bar staff had a duty to at least call the police, which no one did. The decision allows the lawsuit to go to trial.