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Rasdon v. Thrash

Court of Appeals of Mississippi

August 15, 2017

HUNTER RASDON APPELLANT
v.
CHARLES THRASH, INDIVIDUALLY AND/OR ON BEHALF OF THE MISSISSIPPI STATE CHAMPIONSHIP CHALLENGE SERIES APPELLEE

          DATE OF JUDGMENT: 09/02/2016

         COURT 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.

          BEFORE LEE, C.J., BARNES AND WESTBROOKS, JJ.

          BARNES, J.

         ¶1. 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 the ruling.

         ¶2. Finding no error on appeal, we affirm the judgment.

         SUMMARY OF FACTS AND PROCEDURAL HISTORY

         ¶3. 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 tread softeners.
(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 ...

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