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Torts Keyed to Underwood
Woodard v. Turnispeed
Citation:
784 So. 2d 239 (Miss. Ct. App. 2000)Facts
For an unspecified period of time, the plaintiff had worked on the defendant’s dairy farm. The plaintiff had been fired multiple times but was re-employed by the defendant at some point before the alleged assault and battery. One day, the plaintiff, along with two other boys, were preparing cows to be milked. The plaintiff was tasked with the job to clean the cows’ udders. The defendant observed the plaintiff pass over three filthy cows. After seeing this, the defendant told the plaintiff that he was fired. During one of his previous firings, the plaintiff had apparently threatened revenge upon the defendnat. Therefore, the defendant accompanied the plaintiff as the plaintiff punched out at the time clock. The defendant claimed that during this time, the plaintiff made multiple threats. After the plaintiff had punched out, he changed clothes and telephoned his father to get a ride home. At this point in time, the defendant went back to work. Later on, the defendant discovered that the plaintiff was still on the farm, sitting on a car that was parked on the defendant’s property. The defendant warned the plaintiff to leave the property. The plaintiff responded that he was not going anywhere. Eventually, the defendant grabbed a nearby broom and struck the plaintiff several times.
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