Touchet v. Hampto

950 So.2d 895 (2007)

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Nature of the Case

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Facts

P was a sales manager at a car dealership owned by Hampton (D) for approximately three years. P's employment was terminated during the summer of 2002. In October 2002, D received a telephone call from P in which 'he basically was sort of making fun of our business because our business had gone down.' D testified that when he spoke with P again, P cursed him, threatened him, and told him that he knew where he lived. P continued to call, and when he did not answer, P left him several threatening voice mail messages, three of which were left on October 13, 2002. On October 19, D went to Jackie Edgar RV Center, P's place of employment. P was not there. D returned on October 22, to 'tell P to quit harassing me and to ask him to stop calling me.' When he entered P's office, P quickly turned around in his chair and yelled: 'Fuck you, Hampton.' D was startled and scared and thought P 'was going to hit me, what he said he was going to do.' D claims he defended himself by hitting P. The hitting lasted approximately twenty seconds before P's co-worker, David Raggette, intervened and pulled D off P. P sued D seeking damages for 'medical expenses, physical pain, and suffering, mental anguish and humiliation.' At the close of trial, D moved for an involuntary dismissal 'on the issues of consent and self-defense.' The trial court granted the motion. P appealed.