TOUCHET V. HAMPTON
950 So.2d 895 (2007)
NATURE OF THE CASE: Touchet (P) appealed an involuntary dismissal on his claim for
battery against Hampton (D).
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 issue[s] of consent and self-defense[.]' The trial court
granted the motion. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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