Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Howard v. Rolin Enterprises LLC

Court of Appeals of Mississippi

May 21, 2019

JOHN CALVIN HOWARD APPELLANT
v.
ROLIN ENTERPRISES LLC AND LINDA WALKER APPELLEES

          DATE OF JUDGMENT: 02/12/2018

          CLAIBORNE COUNTY CIRCUIT COURT TRIAL JUDGE: HON. LAMAR PICKARD

          ATTORNEY FOR APPELLANT: DAVID M. SESSUMS

          ATTORNEY FOR APPELLEES: BENJAMIN LYLE ROBINSON

          BEFORE GREENLEE, P.J., WESTBROOKS AND McDONALD, JJ.

          WESTBROOKS, J.

         ¶1. In 2014, John Calvin Howard brought a negligence suit against Rolin Enterprises LLC; Linda Walker, in her individual capacity and doing business as Rolin Enterprises LLC; Charlie Norrell, in his individual capacity and doing business as Celebrity 1 Security; and Triston Moore as a result of a fight outside of the Claiborne County Convention Center. Walker and Rolin filed a motion for summary judgment, which the Claiborne County Circuit Court granted. Howard appealed to this Court, but his appeal was dismissed for lack of jurisdiction. Subsequently, the circuit court certified its grant of Walker and Rolin's motion for summary judgment pursuant to Mississippi Rule of Civil Procedure 54(b) making the judgment final. Howard now appeals that order against only Rolin and Walker. After review of the record, we affirm.

         FACTS

         ¶2. We refer to the facts from Howard's first appeal when discussing the incident and the procedural history:

Walker, doing business as Rolin, owned the Convention Center, which she rented to third parties for various events. Moore rented[1] the Convention Center from Walker for the purpose of hosting a party following an Alcorn State football game on September 14, 2013. Howard and a group of his friends, including another young man named Michael Moseley, arrived to the Convention Center around 11:30 p.m. on September 14, 2013, as the party was well underway. Shortly after arriving, Howard and Moseley were on the dance floor when they were assaulted by other partygoers, one of whom was later identified as Justin Bailey. Security, including Norrell, broke up the fight and separated the two groups by sending Bailey and his accomplices outside, while telling Howard and Moseley to wait on-stage for a few minutes. After about ten to fifteen minutes, Howard and Moseley decided to leave the Convention Center. Norrell escorted them outside. As they were crossing the parking lot, the same group from before attacked Howard and Moseley a second time. Howard maintains that Bailey stabbed him in the neck with a broken beer bottle. According to Howard, Norrell did not take any action to stop the fight, but merely watched it take place. The fight was finally broken up by a third party, and Howard was airlifted to the University of Mississippi Medical Center, where he was treated for lacerations to his neck, shoulder, and back.
Howard filed a complaint against Rolin, alleging that it had failed to maintain the premises in a reasonably safe condition. Howard then sought, and was granted, leave of court to file an amended complaint, joining Norrell, individually and doing business as Celebrity 1 Security, Moore, and Walker in her individual capacity. After obtaining leave of court, Howard amended his complaint accordingly.
The record reflects that process was served on Norrell on October 25, 2014, but does not show that Norrell ever filed an answer. Both parties in their appellate briefs agree that Norrell was served with process, but that Moore was not. The docket indicates that Norrell continued to be noticed of certain orders throughout discovery (including an order setting the pretrial conference date and a later order continuing the pretrial conference to another date), along with Walker and Rolin's attorneys. However, Norrell never filed any pleadings or responses of his own. Further, no entry of default judgment was ever entered against him.
Howard and Walker proceeded with discovery. Howard, Walker, and Moore provided depositions. Walker twice scheduled and noticed depositions for Norrell, but Norrell failed to appear both times. The only correspondence with Norrell included in the record is an email from Walker's counsel to Howard's, wherein Walker informed Howard on the night before Norrell's second scheduled deposition was to take place that it would be cancelled, as Norrell told Walker that he was out of the state and would be unable to attend. Shortly thereafter, Walker ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.