Bateman v. Gray

963 So. 2d 1284, 2007 WL 2472744
CourtCourt of Appeals of Mississippi
DecidedSeptember 4, 2007
Docket2006-CA-01441-COA
StatusPublished
Cited by1 cases

This text of 963 So. 2d 1284 (Bateman v. Gray) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bateman v. Gray, 963 So. 2d 1284, 2007 WL 2472744 (Mich. Ct. App. 2007).

Opinion

963 So.2d 1284 (2007)

Marie BATEMAN and Lawrence Pelletier d/b/a Magic Wiggler Worm Ranch, Appellants,
v.
Martin T. GRAY, Sr. and Martin T. Gray, Jr., Appellees.

No. 2006-CA-01441-COA.

Court of Appeals of Mississippi.

September 4, 2007.

*1286 James L. Martin, Madison, attorney for appellants.

John Denver Fike, attorney for appellees.

Before KING, C.J., GRIFFIS, BARNES and ROBERTS, JJ.

ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. This is an interference in business relations case. On behalf of their business, Magic Wiggler Worm Ranch, Marie Bateman and Lawrence Pelletier sued Martin Gray, Sr. and Martin Gray, Jr. and claimed the Grays interfered in Magic Wiggler's business relationship with Cal-Maine Farms. The Grays successfully moved for summary judgment. Aggrieved, Magic Wiggler appeals and claims the circuit court erred when it granted the Grays' motion for summary judgment. Additionally, Magic Wiggler claims the trial judge erred when he did not recuse himself. Finding no error, we affirm.

FACTS

¶ 2. Marie Bateman and Lawrence Pelletier established Magic Wiggler Worm Ranch on a ten acre tract of property in Raymond, Mississippi. Over time, Magic Wiggler's operation grew to the point that it required 30,000 pounds of cow manure per week. Magic Wiggler acquired manure pursuant to a verbal agreement with Cal-Maine Farms.

¶ 3. On June 20, 2003, Bateman and Pelletier visited Martin Gray, Jr. They wanted to borrow Gray's front end loader to unload their weekly load of manure. Two days later, Martin Gray, Sr. visited Magic Wiggler. According to Bateman and Pelletier, Gray asked many questions about the worm farm. The next day, Bateman and Pelletier went to Cal-Maine to pick up their weekly load of manure. According to Bateman and Pelletier, they were told that, because the Grays had complained that Magic Wiggler generated excessive flies, Cal-Maine would not give any more manure to Bateman and Pelletier. Further, a Cal-Maine employee told Bateman and Pelletier that the Mississippi Department of Environmental Quality could fine Cal-Maine $20,000 if the Grays complained.

¶ 4. Bill Gill, the manager of Cal-Maine's dairy farm, told Bateman and Pelletier to talk to the Grays and that, if the Grays did not mind, Cal-Maine would continue supplying Magic Wiggler with manure. Bateman and Pelletier spoke with Martin Gray, Jr. As a result, Martin Gray, Jr. said he would call Gill and tell him to resume supplying manure.

¶ 5. Bateman and Pelletier contacted MDEQ and requested an inspection. A representative of the MDEQ solid waste division inspected Magic Wiggler and, according to Bateman's affidavit, the representative concluded that Magic Wiggler was in compliance with MDEQ regulations.

¶ 6. Meanwhile, Gill resumed supplying Magic Wiggler with manure. On August 26, 2003, Bateman and Pelletier went to Cal-Maine to pick up a load of manure. Gill told Bateman and Pelletier that Martin Gray, Jr. had complained again. As such, Gill would not supply Magic Wiggler with manure. Bateman explained that *1287 MDEQ had inspected the property and found it satisfactory. Regardless, Gill maintained that Cal-Maine would no longer supply Magic Wiggler with manure.

¶ 7. Bateman and Pelletier contacted the Mississippi Department of Health and requested an inspection. On September 5, 2003, MDH inspected Magic Wiggler's property and, according to Bateman's affidavit, MDH found no evidence of flies. According to Bateman and Pelletier, they had no other supply of manure and, as a result, they lost all their worms and ceased to operate.

PROCEDURAL HISTORY

¶ 8. On August 23, 2004, Bateman and Pelletier filed a complaint on behalf of Magic Wiggler in the First Judicial District of the Hinds County Circuit Court. Bateman and Pelletier sued for "tortuous interference with business relations" and "intentional tort." They requested $7,790,000 in compensatory damages and $1,000,000 in punitive damages. The Grays denied liability.

¶ 9. On March 29, 2006, the Grays filed a motion for summary judgment. Following a hearing, the circuit court granted the Grays' motion for summary judgment. Bateman and Pelletier appeal.

ANALYSIS

I. WHETHER THE CIRCUIT COURT ERRED WHEN IT GRANTED THE GRAYS' MOTION FOR SUMMARY JUDGMENT.

¶ 10. Magic Wiggler claims the circuit court erred when it granted the Grays' motion for summary judgment because genuine issues of material fact existed. According to Magic Wiggler, the predominant issue of material fact is whether Magic Wiggler's operations generated excessive flies.

¶ 11. We conduct a de novo review of a circuit court's decision to grant summary. Baldwin v. Holliman, 913 So.2d 400(¶ 17) (Miss.Ct.App.2005). Summary judgment is proper if "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact." M.R.C.P. 56(c). We must also consider the evidence in the light most favorable to the non-moving party. Baldwin v. Holliman, 913 So.2d 400(¶ 17) (Miss.Ct.App.2005).

¶12. For summary judgment purposes, a fact is "material" if it tends to resolve any of the issues properly raised by the parties. Id. at (¶ 18). A mere allegation by the non-moving party that a dispute over whether a material fact exists will not defeat a movant's otherwise properly supported motion for summary judgment. Id.

¶ 13. To prove a prima facie claim of tortious interference with a business relationship, a plaintiff must prove that:

(1) the acts were intentional and willful;
(2) the acts were calculated to cause damage to a plaintiff in its lawful business;
(3) the acts were done with the unlawful purpose of causing damage and loss, without right or justifiable cause on the part of the defendant (which constitutes malice); and
(4) actual damage and loss resulted.

Progressive Cas. Ins. Co. v. All Care, Inc., 914 So.2d 214, 218-19(¶5) (Miss.Ct.App. 2005).

¶ 14. Bateman and Pelletier alleged that the Grays intentionally interfered in *1288 Magic Wiggler's verbal agreement relationship with Cal-Maine. When the Grays filed their motion for summary judgment, they attached Gill's affidavit as an exhibit. Gill was the director of Cal-Maine Farms's dairy division at the time Cal-Maine stopped supplying Magic Wiggler with manure. By his affidavit, Gill swore that, "out of kindness and generosity," he allowed Cal-Maine's dairy division to give Bateman and Pelletier manure for use on Magic Wiggler's worm farm. Gill also swore that Martin Gray, Sr., Martin Gray, Jr., and Don Nail complained that Magic Wiggler produced excessive flies.

¶ 15. Gill went on to say that he told Bateman and Pelletier that Cal-Maine would not provide any more manure based on the possibility that the manure caused fly problems. Because Bateman and Pelletier maintained that there was no fly problem, Gill sent a Cal-Maine employee to inspect Bateman and Pelletier's property. That employee reported that there were "fly issues" on Bateman and Pelletier's property.

¶ 16. Gill noted that, in September of 2003, Martin Gray, Sr. and Martin Gray, Jr. both called him and told him that they had no objections to Cal-Maine providing Magic Wiggler with manure. Even so, Gill decided that Cal-Maine would not supply Magic Wiggler with any more manure. Gill reached his decision based on the following reasons:

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Bluebook (online)
963 So. 2d 1284, 2007 WL 2472744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bateman-v-gray-missctapp-2007.