State Farm Barnett Answer to Cross Claim

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State Farm v Crystal Martin and Brandi Barnett

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Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 1 of 8

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

PLAINTIFF-COUNTER DEFENDANT

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

CRYSTAL WISE MARTIN AND
BRANDI BARNETT

DEFENDANTS- COUNTER PLAINTIFF

DEFENDANT BRANDI BARNETT’S ANSWER AND AFFIRMATIVE DEFENSES
TO CRYSTAL WISE MARTIN’S AMENDED CROSSCLAIMS AND DEFENDANT
BRANDI BARNETT’S CROSS CLAIM
COME NOW Brandi Barnett, (hereinafter “Barnett”) and hereby demand a trial by
jury and sets forth their Affirmative Defenses and Answer to the Cross Claims of Crystal
Wise Martin (hereinafter "Martin”) and additional Cross Claims, showing unto the Court
as follows:
FIRST DEFENSE
The Cross claims fail to state a cause of action or a claim upon which relief may
be granted against Barnett.
SECOND DEFENSE
Martin’s claims have been made against Defendant Barnett in bad faith and Barnett
is entitled to recover costs and reasonable attorneys’ fees.
THIRD DEFENSE
Barnett pleads the equitable defense of unclean hands.
FOURTH DEFENSE
Barnett reserves the right to assert further affirmative defenses if they become
evident through discovery or investigation.

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 2 of 8

FIFTH DEFENSE
Defendant Martin and Precious Martin did not have any affections to lose when
Defendant Barnett first met Precious Martin.
SIXTH DEFENSE
Defendant Barnett did not seduce Precious Martin. However, Precious Martin did
seduce numerous other women that he had adulterous affairs with over an eight year
period prior to his death.
SEVENTH DEFENSE
Defendant Martin consented to Precious Martin engaging in numerous adulterous
affairs as long as Precious Martin did not divorce her.
EIGHTH DEFENSE
Defendant Martin failed to reasonably attempt to mitigate her damages by not taking
any legal action to prevent any alleged alienation of affection until long after Precious
Martin died.
ANSWER
For answer to Martin's Cross-claims, Barnett denies each and every allegation
therein except as may be expressly admitted herein. With respect thereto:
FACTS
1.

Defendant denies the allegations contained in Paragraph No. 1 of the Cross-

claims.
2.

Defendant admits the allegations contained in Paragraph No. 2 of the Cross-

claims.

-2-

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 3 of 8

3.

Defendant admits the allegations contained in Paragraph No. 3 of the Cross-

claims.
4.

Defendant denies the allegations contained in Paragraph No. 4 of the Cross-

claims.
5.

Defendant does not sufficient information to admit or deny paragraph 5 of the

Cross-claims. As such, it is denied.
6.

Defendant denies the allegations contained in Paragraph No. 6 of the Cross-

claims.
7.

Defendant denies the allegations contained in Paragraph No. 7 of the Cross-

claims.
8.

Defendant denies the allegations contained in Paragraph No. 8 of the Cross-

claims.
9.

Defendant denies the allegations contained in Paragraph No. 9 of the Cross-

claims.
10.

Defendant denies the allegations contained in Paragraph No. 10 of the Cross-

claims.
11.

Defendant denies the allegations contained in Paragraph No. 11 of the Cross-

claims.
12.

Defendant denies the allegations contained in Paragraph No. 12 of the Cross-

claims.
13.

Defendant denies the allegations contained in Paragraph No. 13 of the Cross-

claims.
14.

Defendant denies the allegations contained in Paragraph No. 14 of the Cross-3-

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 4 of 8

claims.
15.

Defendant denies the allegations contained in Paragraph No. 15 of the Cross-

claims.
16.

Defendant denies the allegations contained in Paragraph No. 16 of the Cross-

claims.
17.

Defendant denies the allegations contained in Paragraph No. 17 of the Cross-

claims.
18.

Defendant denies the allegations contained in Paragraph No. 18 of the Cross-

claims.
19.

Defendant denies the allegations contained in Paragraph No. 19 of the Cross-

claims.
PRAYER FOR RELIEF
Defendant Barnett denies that Martin is entitled to the relief requested in her Prayer.

WHEREFORE, having fully answered and defended, Defendant Barnett requests
that Martin’s claims against Defendant be dismissed in their entirety, with prejudice, and
that Defendant Barnett be awarded her costs herein, including reasonable attorneys’ fees.
CROSS CLAIM
COME NOW Brandi Barnett., (hereinafter “Counter-Plaintiff”) and hereby demand
a trial by jury and sets forth her Cross-Claims against Defendant Martin showing unto the
Court as follows:

-4-

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 5 of 8

FACTS
1.

On May 7, 2013, Precious Martin purchased an adjustable premium term life

insurance policy with Plaintiff.
2.

That policy identified Brandi Barnett as the sole beneficiary.

3.

On May 11, 2014, Precious Martin died and the life insurance policy vested.

4.

Barnett promptly filed a claim for the insurance proceeds she is due.

5.

After learning of the insurance policy Defendant Martin intentionally made a

invalid claim for the insurance proceeds.
6

Plaintiff initially refused to give Defendant Martin the insurance proceeds, and

asked for a legal explanation as to why she was due the money.
7.

Instead of providing a legal basis for her claim Defendant Martin hired her

current attorney Chuck McRae, who called Plaintiff and threatened it with a bad faith lawsuit
if the money was not paid to his client.
8.

Faced with the threat of a bad faith lawsuit Plaintiff was forced to seek

to interplead the insurance proceeds rather than spend a lot more resources fighting a
frivolous bad faith claim by Defendant Martin.
9.

Defendant Martin contends that she became aware of an adulterous affair

between Precious Martin and Defendant Barnett in January 2014.
10.

Defendant Martin sought no legal recourse to stop any alleged wrongdoing

until after Precious Martin died even though she claims she had been aware of it for several
months.

-5-

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 6 of 8

COUNT I - TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIP
11.

Defendant Martin’s actions constitute tortious interference with contractual

and/or business relationship.
12.

Defendant Barnett has suffered a denial or delay of the life insurance

funds she is owed, which has resulted in significant damages to Defendant Barnett as a
result of Defendant Martin’’s intentional interference.
13.

Defendant Barnett has been harmed as a result of the Defendant Martin’s

interference, and Defendant Martin is liable to Defendant Barnett for the same.

WHEREFORE, PREMISES CONSIDERED, Defendant Barnett demands
judgment against Defendant Martin as follows:
(A)

Compensatory damages,

(B)

Punitive damages,

(C)

A judgment for the attorneys' fees and all other costs, interest, and

expenses incurred by Defendant Barnett in defending and sustaining this action.

Defendant Barnett further prays for such other and additional relief as the Court
may deem just and equitable under the circumstances.
RESPECTFULLY SUBMITTED, this 23rd day of December, 2014.
Respectfully submitted,

s/ NICK NORRIS
-6-

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 7 of 8

NICK NORRIS (MB No. 101574)
LOUIS H. WATSON, JR. (MB No. 9053)
ATTORNEYS FOR DEFENDANT BARNETT
OF COUNSEL:
WATSON & NORRIS, PLLC
1880 Lakeland Drive
Suite G
Jackson, MS 39216
Phone No. (601) 968-0000
Facsimile No. (601) 968-0010
[email protected]
ANSWER to Amended Cross Claim ( Crystal Martin).wpd

-7-

Case 3:14-cv-00736-HTW-LRA Document 27 Filed 12/23/14 Page 8 of 8

CERTIFICATE OF SERVICE
I, Nick Norris, attorney for Defendants/Counter-Plaintiffs, do hereby certify that I
have this day served a true and correct copy of the above and foregoing document via
ECF filing or United States Mail, postage prepaid, on all counsel of record.

THIS, the 23rd day of December, 2014

s/ Nick Norris
NICK NORRIS

-8-

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