OF JUDGMENT: 09/02/2016
FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT HON.
JUSTIN MILLER COBB TRIAL JUDGE
ATTORNEY FOR APPELLANT: BRANNON LEE BERRY.
ATTORNEY FOR APPELLEE: STEPHEN B. JACKSON.
LEE, C.J., BARNES AND WESTBROOKS, JJ.
Hunter Rasdon brought an action for breach of contract and
breach of the covenant of good faith and fair dealing against
Charles Thrash, individually and/or on behalf of the
Mississippi State Championship Challenge Series (MSCCS).
Rasdon had been fined $500 and disqualified as the winner of
a racing event because tire samples taken from his vehicle
were tested and found to be nonconforming under the
MSCCS's "Rules and Specifications." After the
County Court of Lauderdale County granted summary judgment in
favor of Thrash, Rasdon appealed the decision to the
Lauderdale County Circuit Court. The circuit judge affirmed
Finding no error on appeal, we affirm the judgment.
OF FACTS AND PROCEDURAL HISTORY
On March 28, 2015, Rasdon accepted an open invitation to
participate in a MSCCS racing event promoted by Thrash. The
event was held at Whynot Motorsports Park in Meridian,
Mississippi. It was advertised that the winner of the event
would receive $2, 000 and championship points. As a condition
of entry into the event, race participants were required to
adhere to MSCCS's "Rules and Specifications."
The "Rules and Specifications" provided in part:
(4) Chemical alteration of any tires is prohibited. No tire
softeners or conditioners which alter the chemical compound
of the tire will be permitted. This includes, but is not
limited to, tire soaking, internal applications or the use of
(10) The MSCCS will take tire samples from the Fast Qualifier
car and the winning car and [the samples] will be sent to a
certified lab for testing. Tires not conforming to the
manufacturer's benchmark will be deemed illegal. Any
competitor is subject to tire inspections and/or samples
being taken at any time during the event.
(11) Competitor with tires being tested will not be awarded
any winnings until results are back from the lab. (Results
are normally ...