Woodard v. Turnipseed
784 So. 2d 239 · Court of Appeals of Mississippi · 2000
Facts
Kenwyon Woodard, a minor, filed a complaint against John Turnipseed seeking personal injury damages arising from an assault and battery committed by Turnipseed. Turnipseed, a dairy farmer, struck Woodard, a former employee, with a broom after firing him for the second time.
Issue
Did the trial court err in not granting Kenwyon's motion for a directed verdict on the basis that Turnipseed's actions were not justified as self-defense or defense of property?
Holding
Yes, the Court of Appeals reversed and rendered the judgment as to Turnipseed's liability, finding that reasonable persons could not conclude Turnipseed believed himself or his property in danger from Kenwyon, and remanded the case for a new trial on damages only.
Rule
A person is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to prevent or terminate another's intrusion upon the actor's land or chattels, if certain conditions are met, including a request to desist being disregarded.
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