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Slaydon v. Hansford8/27/2002
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: GRANTED MOTION TO DISMISS IN FAVOR OF DEFENDANTS
DISPOSITION: AFFIRMED - 08/27/2002
. Lynwood Slaydon claims he was assaulted in the Picayune Waffle House by Walter Hansford, an employee of Waffle House, on November 20, 1999. Slaydon claims that he entered the Waffle House and ordered food prepared by Hansford. Slaydon claims that while preparing the food, Hansford urinated and defecated in the food. Slaydon claims that Hansford served him the food and after Slaydon consumed it Hansford informed him that he had urinated and defecated in his food and that he was HIV positive. Slaydon claims that this information caused him to become violently ill and fear that he had contracted the AIDS virus.
. Slaydon and Hansford have a great animosity towards one another. Earlier the same year, Slaydon was arrested for attempting to rob and assault Hansford. Hansford later testified against Slaydon resulting in Slaydon's conviction for trespass, attempted robbery and simple assault which was later affirmed by this Court. From that same incident, Slaydon filed a civil action against Hansford for assault and battery that the trial court dismissed as being time barred, which was also affirmed by this Court.
. In his present appeal, Slaydon asserts that the incident occurred on November 20, 1999. Slaydon filed his complaint by mail asserting causes of action for both assault and battery and intentional infliction of emotional distress on November 22, 2000. Slaydon attempted to record a default judgment against Hansford for failing to answer the complaint. However, the circuit clerk refused to enter the default as Hansford had filed an answer to the complaint. Hansford attempted to mail a stamped filed copy of his answer to Slaydon via certified mail but Slaydon refused to receive his response. Both Hansford and Waffle House moved the court to dismiss Slaydon's complaint as time barred. The trial court dismissed Slaydon's complaint finding that the statute of limitations for the causes of action raised by Slaydon had run. From the dismissal of his complaint, Slaydon appeals asserting that the trial court erred in denying his request for default judgment against Hansford for failure to answer and dismissing his complaint as time barred. Further, Waffle House filed a cross-appeal asserting that Slaydon does not have the right to file an appeal in forma pauperis.
LEGAL ANALYSIS
1. WHETHER THE TRIAL COURT ERRED IN REFUSING TO ENTER A JUDGMENT OF DEFAULT AGAINST HANSFORD.
. Slaydon first contends that the trial court erred when it refused to enter a judgment of default against Hansford for failure to answer Slaydon's complaint. Hansford was served with process in this civil action on January 19, 2001. Hansford mailed a letter to the circuit clerk answering the allegations contained in Slaydon's complaint that was stamped filed on January 30, 2001. Hansford mailed a copy of his answer to Slaydon via certified mail. Slaydon refused to receive the letter and then petitioned the trial court to enter a judgment of default against Hansford. Hansford had thirty days to answer Slaydon's complaint from the date of service of process. M.R.C.P. 12(a). Hansford timely filed his answer to Slaydon's complaint. Hansford properly attempted to serve Slaydon with a copy of his answer by mailing the copy to Slaydon's last known address. M.R.C.P. 5(b). Slaydon refused to accept Hansford's correspondence; however, service by mail is completed upon the document being mailed. Id. The trial court did not err in refusing to enter a judgment of default against Hansford as Hansford timel
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