Touchet v. Hampton

Purvis Touchet (plaintiff) was a sales manager of a car dealership owned by Mark Hampton (defendant) until Hampton fired Touchet. Touchet then went to work for a recreational-vehicle (RV) center. A couple of months later, Touchet called Hampton multiple times and left threatening voicemail messages, including cursing Hampton and saying that Touchet knew where Hampton lived. Several days later, Hampton went to the RV center to tell Touchet to stop harassing him. When Hampton entered Touchet’s office, Touchet turned around quickly and cursed Hampton verbally. Hampton responded by repeatedly hitting Touchet for approximately 20 seconds until someone else pulled him off Touchet. Touchet sued Hampton for battery. Hampton moved to dismiss Touchet’s claims, claiming he had struck Touchet in self-defense. Touchet admitted that he had threatened to physically harm Hampton prior to the incident. Hampton testified that he was fearful when he approached Touchet and that when Touchet yelled at Hampton and moved quickly, Hampton had believed that Touchet was about to carry out his threats and harm Hampton. Therefore, Hampton claimed, he hit Touchet to protect himself. Touchet presented two witnesses who claimed that Touchet did not act aggressively toward Hampton that day. The trial court found that, in these circumstances, it was impossible for Touchet to prove that Hampton had committed the tort of battery, and the court granted Hampton’s motion to dismiss. Touchet appealed.