SCHULTZ v. ELM BEVERAGE SHOPPE

No. 88-313.

40 Ohio St. 3d 326 (1988)

SCHULTZ, APPELLEE, v. ELM BEVERAGE SHOPPE, APPELLANT.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Manchester, Bennett, Powers & Ullman Co., L.P.A., and Thomas J. Travers, Jr., for appellee.

Pfau, Pfau & Pfau and William E. Pfau, Jr., for appellant.


LOCHER, J.

We are confronted in this appeal by a question which we have not heretofore addressed, i.e., whether a store owner, store operator or his agent may be held liable in tort for injuries sustained by a customer during a robbery of the premises. Because we find that the conduct of the store clerk, David Wildes, was reasonable in light of the urgency of the situation, we reverse the court of appeals and hold that summary judgment was properly entered...

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