On Friday a Hinds County jury returned a defense verdict in Brown v. Waffle House, Inc.

Disclaimer: Personally, I think Waffle Houses are awesome. They could open one on the moon and it would always be at least half full.

Here is the Pre-Trial Order.

The plaintiff was shot in the knee in a gunfight in the parking lot of the Waffle House on Highway 18 in Jackson. Apparently, the plaintiff liked to hang out in the parking lot of that particular Waffle House. His fiancee worked there.

Based on the defense’s theory in the Pre-trial Order, the Waffle House did not have the prior criminal events history that usually underpin third party assailant premises cases. Plaintiff’s theory was that crime was under reported in the area.

Brown called approximately 10 witnesses. They included several JPD officers and expert witnesses.

Waffle House argued that Brown or his buddy started the shootout and that Brown was sleeping in his car in the parking lot, rather than an actual patron. The jury deliberated for about an hour before returning a defense verdict.

Ashley Ogden, Jim Smith and Tyler Royals represented the plaintiff.

Brad Smith, La’Verne Edney and Sterling Kidd with Baker Donelson represented Waffle House.

Judge Tomie Green presided.