Lynwood Slaydon v. Walter Hansford
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2001-CP-01219-COA
LYNWOOD SLAYDON
v.
WALTER HANSFORD AND ROBERT BOWMAN
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEES:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEES
07/02/2001
HON. R. I. PRICHARD III
PEARL RIVER COUNTY CIRCUIT COURT
SLAYDON, PRO SE
JAMES L. GRAY
CIVIL - PERSONAL INJURY
GRANT OF SUMMARY JUDGMENT FOR
DEFENDANTS
AFFIRMED - 04/23/2002
5/14/2002
BEFORE SOUTHWICK, P.J., THOMAS, IRVING, AND MYERS, JJ.
MYERS, J., FOR THE COURT:
¶1. Lynwood Slaydon claims he was assaulted on October 30, 1999, by Walter Hansford when Slaydon
illegally entered the house owned by Robert Bowman in an attempt to steal the property of both Hansford
and Bowman. Hansford, who was asleep inside the house, was awakened by Slaydon and his accomplice,
Timothy Nichols. Hansford looked around the house to determine whether anything was missing and
noticed that a compact disc player owned by both Bowman and Hansford was missing. Hansford then went
outside to inquire of Nichols and Slaydon who had not left the property, if they had taken the compact disc
player. Hansford noticed that the compact disc player was in the back of Nichols' truck and attempted to
reclaim the property. Both Nichols and Slaydon began throwing full beer cans at Hansford, causing
Hansford to retreat into the garage where he searched for something to defend himself. Hansford found a
gasoline can and began swinging it at both Slaydon and Nichols spilling gasoline on both while trying to reenter the house.
¶2. Slaydon filed his complaint for assault and battery against both Hansford and Bowman on November
17, 2000. The trial court dismissed Slaydon's complaint finding that the statute of limitations had run on
Slaydon's cause of action. From the dismissal of his cause of action, Slaydon appeals claiming the
applicable statute of limitations had not expired.
¶3. Slaydon asserts as the sole issue in his appeal that the applicable statute of limitations for his cause of
action has not expired. The standard of review for motions to dismiss is "substantial evidence/manifest
error." Alexander v. Brown, 793 So. 2d 601, 603 (¶6) (Miss. 2001). The evidence is considered fairly as
between the parties. Id. Slaydon clearly asserted a claim of assault and battery in his complaint. The statute
of limitations for assault and battery is one year. Miss. Code Ann. § 15-1-35 (Rev. 1995). Slaydon
contends that in addition to asserting a cause of action for assault and battery, his complaint also asserts a
negligence claim against both Hansford and Bowman. Mississippi is a notice pleading state. Estate of
Davis v. Wetzel, 762 So. 2d 293, 295 (¶11) (Miss. 2000). That is, pursuant to Rule 8, Mississippi Rules
of Civil Procedure, the pleadings must only "provide sufficient notice to the defendant of the claims and
grounds upon which relief is sought." Id. Slaydon states in his complaint that the assault occurred while he
was on Bowman's property. This is not sufficient to provide notice to Hansford and Bowman that Slaydon
asserted a negligence cause of action which has a three year statute of limitations. Miss. Code Ann. § 15-149 (Rev. 1995). The trial judge did not commit manifest error in finding that the statute of limitations for
assault and battery had expired and dismissing Slaydon's complaint. This issue is without merit.
¶4. THE JUDGMENT OF THE CIRCUIT COURT OF PEARL RIVER COUNTY
DISMISSING APPELLANT'S COMPLAINT IS AFFIRMED. ALL COSTS OF THIS APPEAL
ARE ASSESSED TO PEARL RIVER COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR.
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