State Farm Martin Response To Cross Claim

Case 3:14-cv-00736-HTW-LRA Document 28 Filed 01/13/15 Page 1 of 4
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
STATE FARM LIFE INSURANCE
COMPANY
PLAINTIFF
VS.
CIVIL ACTION NO. 3:14cv736-HTW-LRA
CRYSTAL WISE MARTIN AND

BRANDI BARNETT
DEFENDANTS
DEFENDANT CRYSTAL WISE MARTINS ANSWER AND AFFIRMATIVE

DEFENSES TO CROSS-PLAINTIFF BARNETTS ADDITIONAL CROSS-CLAIM
COMES NOW Crystal Wise Martin, by and through counsel, and sets forth her Affirmative
Defenses and Answer to Cross-Plaintiff Brandi Barnetts additional Cross-Claim, and would show
unto the Court as follows:
FIRST DEFENSE
Pursuant to Fed. R. Civ. P 12(b)(6), Cross-Plaintiff Barnetts Cross-Complaint fails to state a
claim upon which relief can be granted.
SECOND DEFENSE
Cross-Plaintiff Brandi Barnett comes to this Court with Unclean Hands.
THIRD DEFENSE
Cross-Plaintiff Barnett is not entitled to an award of punitive damages.
FOURTH DEFENSE
Defendant Martin affirmatively alleges and avers that an award of punitive damages would
be in violation of the Mississippi and United States Constitutions.
FIFTH DEFENSE
Defendant Martin further affirmatively alleges and avers that the seeking of bad faith,
punitive damages and other relief against her is in violation of the Litigation Accountability Act of
1988, Miss. Code Ann. 11-55-1, et. seq., Miss. R. Civ. P. 11, and the decisions of the Mississippi
Courts.
Therefore, the claims for bad faith, punitive damages and other relief sought from
Defendant Martin should be dismissed and Defendant Martin should be awarded attorneys fees and
costs as a result thereof.
SIXTH DEFENSE
The facts not having been fully developed, Defendant Crystal Wise Martin further pleads the
following affirmative defenses as may be applicable in this action: the impermissibility of an
attorneys fee award, failure of consideration, accord and satisfaction, contributory negligence,
duress, estoppel, fraud, illegality, laches, license, payment, release, res judicata, statute of frauds,
statute of limitations, waiver, and Cross-Plaintiff Brandi Barnetts own conduct, or by the conduct of
her agents, representatives, and consultants.
SEVENTH DEFENSE
Defendant Martin specifically reserves the right to add, modify, or delete affirmative
defenses as the legal theories and issues become more fully developed through subsequent litigation
and upon permission from this Court.
ANSWER
Having set forth her Affirmative Defenses, Defendant Martin now responds to the
allegations in Cross-Plaintiff Barnetts additional Cross-Claim, paragraph by paragraph, as follows:
1. Defendant admits the allegations contained with Paragraph 1.
2. Defendant denies as stated the allegations contained within Paragraph 2.
3. Defendant admits the allegations contained within Paragraph 3.
2
4. Defendant denies the allegations contained within Paragraph 4.

6. Defendant denies as stated the allegations contained within Paragraph 6.
9. Defendant admits the allegations contained within Paragraph 9.
14. In Cross-Plaintiff Barnetts Prayer for Relief beginning with WHEREFORE, PREMISES
CONSIDERED and including subsections A through C, Defendant Martin denies all
allegations whereby Cross-Plaintiff Barnett asserts an entitlement to relief in this matter.
Defendant Martin further denies Cross-Plaintiff Barnetts further prayer for such other and
additional relief from this Court.
WHEREFORE, PREMISES CONSIDERED, Defendant Crystal Wise Martin
respectfully requests that Cross-Plaintiff Barnetts additional Cross-Claim against Defendant Crystal
Wise Martin be dismissed with prejudice and that the Defendant Crystal Wise Martin be awarded
costs herein, including reasonable attorneys fees.
THIS the 13th day of January, 2015.
Respectfully submitted,
CRYSTAL WISE MARTIN
BY: _/s/ Chuck McRae________
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]
CERTIFICATE OF SERVICE
I, Chuck McRae, do hereby certify that I have this day filed a true and correct copy of the
above and foregoing with this Courts 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 13th day of January, 2015.
_/s/ Chuck McRae________


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Case 3:14-cv-00736-HTW-LRA Document 28 Filed 01/13/15 Page 1 of 4

UNITED STATES DISTRICT COURT

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

CRYSTAL WISE MARTIN AND

DEFENDANT CRYSTAL WISE MARTINS ANSWER AND AFFIRMATIVE

Case 3:14-cv-00736-HTW-LRA Document 28 Filed 01/13/15 Page 2 of 4

Case 3:14-cv-00736-HTW-LRA Document 28 Filed 01/13/15 Page 3 of 4

4. Defendant denies the allegations contained within Paragraph 4.

Case 3:14-cv-00736-HTW-LRA Document 28 Filed 01/13/15 Page 4 of 4

CHUCK McRAE, MSB #2804

THIS the 13th day of January, 2015.

_/s/ Chuck McRae________

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