Bowling v. Janmar, Inc.

Deen, Presiding Judge.

It is urged that the defendant is liable to the plaintiff for breach of its duty to him under Code § 105-401. The appellant’s deposition reveals that he was approaching the door of the restaurant when the attacker rushed by and without a word began to strike and kick him. It appears that there had been an altercation inside the premises between the assailant and one of the defendant’s employees over the disappearance of a "tip” left on a table by a patron. During this altercation the appellant was not inside and when the attacker ran out of the restaurant the appellant…