State Farm Amended Cross Claim

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State Farm v. Crystal Martin

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 1 of 9

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
STATE FARM LIFE INSURANCE
COMPANY
VS.

PLAINTIFF
CIVIL ACTION NO. 3:14cv736-HTW-LRA

CRYSTAL WISE MARTIN AND
BRANDI BARNETT

DEFENDANTS

DEFENDANT CRYSTAL WISE MARTIN’S AMENDED CROSS-CLAIM

COMES NOW Crystal Wise Martin, by and through counsel, and hereby demands a trial
by jury and hereby submits this her Amended Cross-Claim against Brandi Barnett, and would
show unto the Court as follows:
AMENDED CROSS-CLAIM OF CRYSTAL WISE MARTIN AGAINST BRANDI
BARNETT
NOW COMES Crystal Wise Martin (“Martin”) as Cross-Claimant, and submits this
Amended Cross-Claim against Brandi Barnett, Cross-Defendant, as follows:
1.

Crystal Wise Martin is a named Defendant in this action, and submits this Cross-

Claim in order to avoid waiver of any and all legal rights against Brandi Barnett to the extent that
such may be determined to be present, and without waiver of any and all rights and defenses
and/or objections as otherwise referenced in this document.
2.

Brandi Barnett is a named Defendant in this action, and is present in this action by

the submission of pleadings herein, and may be served with this Cross-Claim in accordance with
the applicable rules and laws governing the parties and this Court.

Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 2 of 9

FACTS
3.

Crystal Wise Martin and Precious Martin were married on May 23, 1998 in Hinds

County, Mississippi. Crystal Wise Martin and Precious Martin resided with their children in
Madison County, Mississippi.
4.

In January of 2014, Crystal Wise Martin became aware that Brandi Barnett, the

bookkeeper at Precious Martin, Sr. & Associates Law Firm, the place of employment of Precious
Martin and Crystal Martin, had seduced and continued to recklessly engage in certain solicitous
conduct and activities with Precious Martin. Unbeknownst to Crystal Martin, Brandi Barnett
resided in Hinds County, Mississippi in a home owned by a Limited Liability Company in which
Precious Martin was the sole member and provided to Barnett by Precious Martin. At the time
of said solicitous conduct by Barnett, Precious and Crystal Martin resided together with their
children in Madison County, Mississippi.
5.

On May 11, 2014, Precious Martin tragically died in an ATV accident while

riding in his Madison County, Mississippi neighborhood. Subsequent to Mr. Martin’s death,
Crystal Martin learned that the application for the State Farm Premium Term Life Insurance
Policy purchased by Precious Martin named Brandi Barnett as the primary beneficiary.
6.

The home provided to Barnett by Martin as well as the naming of Barnett as the

beneficiary of Martin’s State Farm Life Insurance policy are the results of Barnett’s actions in
seducing Precious Martin and engaging in and encouraging a continuing elicit relationship
between Barnett and Precious Martin for the purposes of receiving material benefits from
Precious Martin. Barnett seduced Precious Martin and encouraged and pursued a continuing
sexual relationship with Precious Martin for the purpose of unduly influencing Precious Martin
to provide material benefits to Brandi Barnett that should have been given to Crystal Wise

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 3 of 9

Martin and her children, including but not limited to exerting undue influence on Precious
Martin to name Brandi Barnett as the beneficiary in his application for Precious Martin’s State
Farm Life Insurance Policy.
COUNT I- ALIENATION OF AFFECTIONS
7.

Cross-Plaintiff hereby incorporates paragraphs 1-6 by reference.

8.

Cross-Defendant Brandi Barnett seduced Precious Martin and induced, persuaded

and encouraged Precious Martin to engage in an extra-marital affair and sexual relationship with
her. Brandi Barnett engaged in such solicitous activity culminating in a sexual relationship with
Precious Martin with full knowledge that Precious Martin was married to Crystal Martin with
children. Brandi Barnett’s actions were wrongful in that she seduced Precious Martin with full
knowledge of his marital relationship with Crystal Martin, her employer, and induced and
encouraged Precious Martin to engage in a sexual relationship outside of his marriage and
continuously encouraged Precious Martin to abandon his marriage and family and affection for
Crystal Martin.
9.

Cross-Plaintiff Crystal Martin was entitled to the lawful, natural, and conjugal

rights and privileges with her spouse Precious Martin which included, but is not limited to, the
love, companionship, services, financial support, and comfort that form the foundation of
marriage. As a direct and proximate result of the wrongful solicitous acts of Brandi Barnett, the
Cross-Plaintiff suffered a loss of affection of Precious Martin, loss of her conjugal rights and
consortium with, of, to and from her husband, as well as the financial support after the death of
Precious Martin that would have been provided in the form of the State Farm Life Insurance
Policy had Barnett not unduly influenced Precious Martin to name Barnett as the beneficiary of
said policy if a court of competent jurisdiction rules that Brandi Barnett is the beneficiary of said

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 4 of 9

policy.

The loss of consortium, society, love and affection, and financial support of Precious

Martin for Crystal Martin was directly and proximately caused by the wrongful acts of Brandi
Barnett in soliciting, inducing, and encouraging Precious Martin to engage in an extra-marital
sexual relationship with Brandi Barnett.
COUNT II- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
10.

Cross-Plaintiff incorporates paragraphs 1-9 herein by reference.

11.

Cross-Defendant Brandi Barnett solicited, induced and encouraged Precious

Martin to engage in an extra-marital sexual relationship and solicited, induced and encouraged
Precious Martin to provide gifts and other assets to Brandi Barnett, including but not limited to a
home, a vehicle and naming Brandi Barnett as the beneficiary of Precious Martin’s State Farm
Life Insurance Policy, with full knowledge that Precious Martin was married to Crystal Martin
with children and that Crystal Martin and her children could have and would have benefited from
the financial resources and support of Precious Martin that was instead spent on Brandi Barnett
as a result of Barnett’s wrongful inducement of a sexual relationship.
12.

Brandi Barnett knew or should have known that soliciting, inducing, and

engaging in an extra-marital affair with Precious Martin would cause severe emotional distress to
Crystal Martin and that severe emotional distress would result upon Crystal Martin’s discovery
of the extra-marital affair. Brandi Barnett also knew or should have known that Crystal Martin’s
discovery that Brandi Barnett had induced Precious Martin to name Brandi Barnett, rather than
Crystal Martin or any of her children, as the beneficiary of Precious Martin’s State Farm Life
Insurance policy, would result in Crystal Martin’s severe emotional distress especially as such
discovery would not, and did not occur until the tragic death of Precious Martin, Crystal Martin’s
husband and the father of her children.

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 5 of 9

13.

The actions of Brandi Barnett in soliciting, inducing and encouraging Precious

Martin to engage in an extra-marital affair and to provide Barnett with gifts and other assets with
full knowledge of Precious Martin’s marriage to Crystal Martin and with full knowledge that
said financial support and assets should have and could have been used for the support of Crystal
Martin and her children are outrageous and go beyond all possible bounds of decency, and are
regarded as atrocious and utterly intolerable in a civilized community. The outrageousness of
Barnett’s actions are more apparent with the fact that Barnett was employed as the bookkeeper
for the law firm of Crystal Martin and Precious Martin, a position of trust in which Crystal
Martin placed Barnett as a fiduciary for her business and life’s work. Barnett abused this
position of trust and used it as access and a means to solicit, induce, and encourage an extramarital sexual relationship with Precious Martin.
14.

As a result of the Cross-Defendant’s actions, the Cross-Plaintiff has suffered and

will continue to suffer great emotional and psychological damages as well as financial losses,
including but not limited to the loss of the benefits of the State Farm Life Insurance Policy
should a court of competent jurisdiction find that Brandi Barnett is the beneficiary of said policy.
COMPENSATORY DAMAGES
15.

Plaintiff incorporates paragraphs 1-13 herein by reference.

16.

As a proximate consequence of the lawful and tortious acts of the Cross-

Defendant, the Cross-Plaintiff has suffered these damages:
(a)

Extreme emotional distress and mental anguish, past, present and future;

(b)

Loss of the society, companionship, support, day to day family life and

relationship, and loss of comfort and services;

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 6 of 9

(c)

The loss of financial support, including but not limited to the benefits of the State

Farm Life Insurance Policy should a court of competent jurisdiction find that Brandi Barnett is
the beneficiary of said policy and any amounts expended by Precious Martin on housing or other
items for Brandi Barnett that should have been used for the support of the Cross-Plaintiff and her
children;
(d)

Legal fees and other costs associated with the interference with the marriage

between the Cross-Plaintiff and Precious Martin, including but not limited to the costs of the
instant civil action.
PUNITIVE DAMAGES
17.

The Cross-Plaintiff incorporates paragraphs 1-15 herein by reference.

18.

The tortious conduct of the Cross-Defendant as set forth in this complaint

constitute willful, wanton, reckless and tortious actions entitling the Cross-Plaintiff to an
assessment of punitive damages. In support of her request for punitive damages and in addition
to the facts stated above, the Plaintiff will introduce evidence relating to the factors set forth in
Miss. Code Ann. § 11-1-65. Such evidence will include but will not be limited to CrossDefendant’s commission of multiple acts in furtherance of her tortious conduct, CrossDefendant’s efforts to conceal her tortious conduct, Cross-Defendant’s financial worth and
expected future income and the undue influence committed by the Cross-Defendant in coercing
Precious Martin to divert assets from his wife and family to the Cross-Defendant.
19.

The arbitrary and capricious restrictions on compensatory and punitive damages

as set forth in Miss. Code Ann. § 11-1-60 and 11-1-65, respectively, are void and unenforceable
in that they violate due process and equal protection clauses of the Mississippi Constitution and
the United States Constitution.

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 7 of 9

20.

The Cross-Defendant’s wanton and reckless interference with the marriage,

destruction of family values and her actions of un-condoned adultery with the Cross-Plaintiff’s
husband was accompanied with her continuous encouragement for Precious Martin to leave the
marriage and be with the Cross-Defendant, as well as encouragement to provide material assets
to the Cross-Defendant including a home and the benefits of a State Farm Life Insurance Policy,
as well as concealment of her actions from the Cross-Plaintiff and others further justifying
punitive damages against the Cross-Defendant. The Cross-Plaintiff would further show unto the
Court that the Defendant engaged in such negligent, wrongful, wanton and reckless conduct and
behavior to such an extent, without regard to the consequences to the Cross-Plaintiff. Therefore,
the Cross-Plaintiff is entitled to an award of punitive damages, of, from and against the CrossDefendant in such an amount as to punish her, make an example of her to others, and to deter her
and other similarly situated Cross-Defendants from engaging in such conduct in the future and
otherwise serve the public interest.
WHEREFORE, PREMISES CONSIDERED, the Cross-Plaintiff, Crystal Wise Martin,
demands a judgment of from and against Cross-Defendant Brandi Barnett, awarding the Plaintiff
the following:
(a) $500,272 in proceeds from the State Farm Life Insurance Policy of Precious Martin,
Sr. in the event that a court of competent jurisdiction rules that Brandi Barnett is the beneficiary
of said policy;
(b) Other compensatory damages to be determined by a jury;
(c) Punitive damages to be determined by a jury so as to punish the Cross-Defendant,
deter the Cross-Defendant and others similarly situated from engaging in such conduct in the

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 8 of 9

future, and otherwise serve the public interest; attorney’s fees, court costs and related expenses;
and, all other relief to which the Plaintiff may be entitled.
The Cross-Plaintiff also demands a trial by jury.
THIS the 3rd day of December, 2014.
Respectfully submitted,
CRYSTAL WISE MARTIN
BY: ___/s/ Chuck McRae________
Chuck McRae, MSB #2804

CHUCK McRAE, MSB #2804
SETH C. LITTLE, MSB #102890
CHRISTOPHER A. BAMBACH, MSB #104838
McRAE LAW FIRM, PLLC
416 EAST AMITE STREET
JACKSON, MISSISSIPPI 39201
Office: 601.944.1008
Facsimile: 866.236.7731
Email: [email protected]
[email protected]
[email protected]

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Case 3:14-cv-00736-HTW-LRA Document 19 Filed 12/03/14 Page 9 of 9

CERTIFICATE OF SERVICE
I, Chuck McRae, hereby certify that I have this day filed a true and correct copy of the
above and foregoing with this Court’s electronic filing system which automatically sends
notification to the following:
Kelly Simpkins, Esq. ([email protected])
Louis H. Watson, Esq. ([email protected])
Nick Norris, Esq. ([email protected])

THIS the 3rd day of December, 2014.

/s/ Chuck McRae________
Chuck McRae, MSB #2804

CHUCK McRAE, MSB #2804
SETH C. LITTLE, MSB #102890
CHRISTOPHER A. BAMBACH, MSB #104838
McRAE LAW FIRM, PLLC
416 EAST AMITE STREET
JACKSON, MISSISSIPPI 39201
Office: 601.944.1008
Facsimile: 866.236.7731
Email: [email protected]
[email protected]
[email protected]

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