Malloy v. Safeway Stores, Inc.

YEAGLEY, Associate Judge:

This appeal arises upon the dismissal of appellant’s complaint for assault, battery and false imprisonment filed against Safeway Stores, Inc., a grocery chain, and a Safeway employee, Robert Sorrells. We affirm.

The incident giving rise to the complaint occurred on the premises of a Safeway grocery on November 10, 1973. The complaint was filed April 15, 1974. Appellant’s attorney delivered the appropriate papers to a special process server,1 Charles Utley. Utley filed two affidavits on April 22, 1974. In the first he stated that he had served appellee Sorrells on April…