Tyus v. Booth

Plaintiffs brought suit, alleging that on July 24, 1966, one Flozelle Nails, an employee at a service station owned by defendant Tom Booth, had committed unprovoked assaults on them. A tortious assault count against Nails and Booth was dismissed because the applicable two-year statute of limitations had expired, MCLA 600.5805(1); MSA 27A.5805(1). Suit continued on two negligence allegations against owner Booth. One theory was that Booth failed to carry out his common law duty to use reasonable care in keeping the premises safe for business invitees. The other theory was that Booth had…