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Hampton v. Blackmon

Supreme Court of Mississippi

June 26, 2014

CALLOP HAMPTON
v.
CHARLES BLACKMON AND DEXTER BOOTH

As Amended August 28, 2014.

DATE OF JUDGMENT: 01/23/2013

HINDS COUNTY CIRCUIT COURT, HON. WINSTON L. KIDD, TRIAL JUDGE

FOR APPELLANT: WILLIAM WALKER, JR.

FOR APPELLEES: JOE N. TATUM.

BEFORE WALLER, C.J., LAMAR AND PIERCE, JJ. DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.

OPINION

Page 633

WALLER, CHIEF JUSTICE:

¶1. Charles Blackmon and Dexter Booth sued Malaco, Inc.; N.J. Pockets, Inc.; and Callop Hampton (owner of Hamp's Place Night Club) on a premises-liability claim. The plaintiffs settled with Malaco. At trial, the jury returned a verdict in favor of Hampton. Hampton filed a post-trial motion, requesting the trial court to impose sanctions against Blackmon, Booth, and their attorney, Joe Tatum, for filing a frivolous lawsuit and to award attorney fees. The motion was denied, and Hampton appealed that judgment to this Court. We affirm.

FACTS AND PROCEDURAL HISTORY

¶2. Hampton designated no transcript, and no testimony of the trial was made a part of the record. This Court is unable to know what facts were established at trial. The following facts are gleaned from depositions,

Page 634

motions, police reports, and other documents found in the record.

¶3. Blackmon, Booth, and Jharoski Davenport were leaving Hamp's Place Night Club and returning to their car when they were shot in the parking lot of Malaco, Inc. Davenport was killed and Blackmon and Booth were injured. Blackmon and Booth filed a premises-liability complaint against Malaco and Hampton. The Malaco parking lot is about 100 yards from Hamp's Place. Essentially, the plaintiffs averred that the parking lot of Hamp's Place Night Club ...


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