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Gatewood v. Sampson3/28/2002
DATE OF JUDGMENT: 2/7/2000
TRIAL JUDGE: HON. TOMIE T. GREEN
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 03/28/2002
. Roy Sampson was shot during an attempted robbery in the parking lot of the Ellis Isle Exxon gas station in Jackson, Mississippi. He filed a negligence suit against the gas station's owner, Jeff Gatewood, to recover damages resulting from his injury . After a jury trial in the Circuit Court of Hinds County, Sampson was awarded $308,000.00 in compensatory damages. Gatewood now appeals this judgment.
FACTS
. Around one o'clock in the morning of June 17, 1995, Roy Sampson pulled his car into the Ellis Isle Exxon gas station in Jackson, Mississippi, to buy gas and use one of the pay telephones located outside near the restrooms. While he was using the phone, another car with four occupants parked near the other pay phone, and someone exited the car as if to use it. Almost ten minutes passed before this man got back into the other car and the car began driving away. A few seconds later, Sampson-who was still using the phone-was shoved in the back by the same man who had just left the other pay phone. The man was armed with a gun and when Sampson turned around to face him, Sampson grabbed the gun and a struggle for its possession ensued. During the struggle, the gun fired, and the remaining occupants of the other vehicle began shooting at both Sampson and his assailant. A bullet struck and killed Sampson's attacker and, as Sampson fled, a bullet struck him in the back of the head. He managed to run to a neighboring restaurant where a security guard assisted him and called an ambulance. At the hospital, Sampson was treated for a gunshot wound that had entered and exited the back of his head without ever entering his skull. He was released from the hospital between seven and nine o'clock the same morning.
. Almost two years later, Sampson filed a lawsuit against Jeff Gatewood, the owner of the Exxon station, alleging Gatewood was negligent by not providing reasonable security measures to protect Sampson from attack. In the time between the incident and the trial, the pay telephones at the Ellis Isle Exxon were moved to another location on the premises. Before trial, Sampson moved in limine to exclude the testimony of Gatewood's expert. This expert was to testify that highly motivated criminals such as Sampson's attackers would not be deterred by the presence of security measures. The expert was also to testify concerning the criminal backgrounds and gang affiliations of each of the attackers. The trial judge allowed the expert to testify but excluded testimony concerning the backgrounds or affiliations of the attackers. Eleven jurors ultimately found in favor of Sampson and awarded him $308,000.00 in compensatory damages. When polled, the remaining juror stated that this was not her verdict.
. After the trial, Gatewood's counsel made contact with the dissenting juror and was told of how at least one of the other jurors had intentionally gone to the Ellis Island Exxon during the trial after the court had recessed for the day and observed the pay phones had been moved. The investigating juror had reported this fact to the dissenting juror and stated it proved Gatewood's guilt. The dissenting juror declined to sign an affidavit stating these facts. Ten days after entry of judgment, Gatewood's counsel filed a motion for a new trial, J.N.O.V., or in the alternative for a remittitur and offered his own signed affidavit stating the facts he had gleaned from his discussions with the dissenting juror. This motion req
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