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Michigan bar can be sued after attack on Black customer
Updated Apr 28, 2021;
WOLVERINE, MI – A Northern Michigan bar can be held responsible in an attack on a Black customer six years ago, the Michigan Court of Appeals ruled, 9&10 News reports.
Six years ago, Edward Tyson, a Black man, went to B.S. and Co. Bar in Wolverine to pick up a pizza, the TV station reports. When he arrived David Dawkins, another customer, called Tyson racial slurs and punched him in the head. He was rendered unconscious and suffered brain damage. The beating continued while Tyson was unconscious.
Dawkins was convicted of aggravated assault, the report said. Tyson then filed civil lawsuits against him and the bar. A lower court judge had said the bar couldn’t be held liable for one customer attacking another. The appeals court disagreed, saying that the attack was “ongoing” and the bar was legally obligated to call the police immediately, which it didn’t.
New Court Ruling Allows Black Man to Sue Michigan Bar for Not Calling Police as He Was Beaten Down In Racially Charged Attack
A Black man is free to sue the Michigan bar where he was beaten up and called a racial slur, according to a ruling by the state Court of Appeals.
On Thursday, the court said staff of the BS & Co. bar, had an obligation to call police once the initial punches were thrown.
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According to his lawsuit and court testimony from The Washington Post, Edward James Tyson was on his way to the Wolverine Michigan bar on Sept. 12, 2015, to pick up a pizza order just outside the establishment.
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A Michigan bar can be sued by a black customer who said he was called a racial slur and punched repeatedly outside his establishment in 2015, a court ruled Thursday.
Edward Tyson, who said he was called a slur and attacked by a white patron while picking up a pizza, sued David Dawkins, the man convicted of aggravated assault in the attack in addition to Unthank, which owns and operates B.S. & Co. in Wolverine. Tyson suffered a brain bleed and damage to his frontal lobe from the beating.
A Cheboygan County Circuit Court judge initially dismissed the suit against the bar, arguing the business had no civil liability, however, an appeals court disagreed. Unthank, which did not contact the police immediately, had a duty to call 911 after the assault occurred, judges said Thursday.
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