Schultz v. Elm Beverage Shoppe

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 in favor of appellant in the case sub judice.

A person “who otherwise would be liable for a tort is not liable if he acts in pursuance of and within…