Tuesday, February 18, 2014

St. Andrew's returns fire. Martins claim $2 million in emotional distress.

Here is some more lawyer porn. St. Andrew's filed a response to Precious and Crystal Martin's motion to compel. Here are some excerpts from the response:


The Plaintiffs contend that St. Andrew’s breached the contract with them on September 11, 2013, when the Plaintiffs alleged they were threatened to either drop the criminal charges against a 9 year old and work within the school’s policies or find a new school. See Crystal Martin and Precious Martin’s Response to Interrogatory No. 13.1 Notably absent is an alleged breach of contract for “bullying.” Glaringly absent is any contractual language or provision that the Plaintiffs contend was breached.

8. The Plaintiffs claim that their $2,000,000.00 worth of emotional distress, for which they have not sought treatment, arose not from “bullying” but from the alleged threat that the Plaintiffs needed to move their children to another school. See Plaintiffs’ Response to Interrogatory No. 3. Conspicuously missing is any purported emotional distress related to the alleged “bullying” of their son claimed by their son.

9. The punitive damages would have to flow from either the breach of contract or the emotional distress as actual damages are required before punitive damages can be awarded. See, e.g., Kaplan v. Harco Nat. Ins. Co., 716 So 2d. 673 (Miss. Ct. App. 1998)(“Without actual damages, punitive damages are not recoverable…. [A] claimant ‘has no right to maintain an action merely to inflict punishment upon some supposed wrongdoer. If he has no cause of action independent of a supposed right to recover exemplary damages, he has no cause of action at all.’”)

1 A copy of the Plaintiffs’ interrogatory responses are being submitted for an in camera review. Defendants ask the Court’s leave again as the underlying documents are being submitted to the Court directly and not being filed in the public record. If the Court requires these discovery documents filed of record then Defendants request the Court seal this matter from public view on MEC....

The Defendants do not propose that the Plaintiffs cannot depose them or that the Plaintiffs could not serve written discovery as discovery is generally encouraged. The Defendants have responded to written discovery related to the Plaintiffs’ claims and produced 275 pages of documents. However, the Defendants do seek to limit the scope of discovery to that which is relevant to the specific issues in accordance with M.R.C.P. 26 instead of an outright denial of discovery....

Perhaps even more egregious is the Plaintiffs take the time to redact their own child’s initials from the Motion to Compel exhibits, but leave for public consumption and speculation the other child’s initials. The Defendants cannot fathom any reason for this other than the Plaintiffs are seeking to annoy, harass, or embarrass the Defendants, the minor, or the minor’s family....

The Plaintiffs’ attempt to pry into the personal history of other students, most of which are not even related to the minors involved in this suit, and are wholly improper and outside the scope of discovery. The educational, social, personal, and any disciplinary history of fellow students wholly exceeds the scope of discovery in this matter as it has no relevance whatsoever to the viability or lack thereof of the Plaintiffs’ contract claims. The Plaintiffs are not only seeking the information as to a specific minor child, who was the victim Plaintiffs’ improper criminal affidavit, they are seeking it on every child who has ever had a complaint raised against another child at St. Andrew’s.....

Mrs. Martin stated in her response to interrogatories that the court should order the school to pay her the amount of the tuition paid, $1 million for emotional distress, and determine punitive damages.

 A hearing on discovery issued will be held today at 9:00 AM in Hinds County Circuit Court. 
Attorneys Graham Carner and James Bobo (yes, that Bobo) represents Precious and Crystal Martin. The Dunbar Monroe law firm represents St. Andrew's school.

 Earlier posts:
Hearing Tuesday
St. Andrew's tries to stop fishing expedition
 Precious Martin sues St. Andrew's and filed charges against fourth-grader




12 comments:

Anonymous said...

Still see this as a shakedown but it is beginning to appear that St. Andrew's wants this matter out of public view for more reasons than protecting the confidentiality of the accused bully and his family.

Pugnacious said...

I'm confused as to why that "cosmopolitan" Wisenheimer pack over at Tom's blog seems to be at a loss for words in this frivolous lawsuit.

Is this the same Precious Martin from the Motorola settlement and the Hattiesburg mayoral election lawsuit? Precious is nipping and Richard Schwartz's heels,and
it makes one wonder how Richard Schwartz-- and not Martin with his Johnny Dupree/Jimmy Dukes connections-- ended up with the upcoming multi-million dollar groundwater pollution class action lawsuit against Hercules(Ashland Oil) in Hattiesburg.

Precious Martin, not Wil Colom, is the new black Dickie Scruggs.

Anonymous said...

So...we have two Gay women named Precious and Crystal are suing the school their son attended because he was bullied.

Anonymous said...

St. A's response is great. Thank goodness this ridiculous lawsuit is before Judge Weill.

Anonymous said...

Precious is a man. With that name, I'm sure he is very familiar with bullying.

Anonymous said...

School started when? A week before August 27th? So the boy was bullied so bad in the first week of school that the school was supposed to have investigated it and got rid of the other child? There hardly seems time for due process of the compliant... There is something else behind this lawsuit. Cause that time line alone makes no sense.

Anonymous said...

Precious, Jr. needs to go to Chastain or Brinkley...let him see what bullying really is...but I guess then, Mama and Papa could't try to get rich quick

Anonymous said...

No 6:41 they are both all black, and all that entails. Precious hates white people but won't go away and hang with his own.

Anonymous said...

We all want to protect our kids, even lawyers. In private school the rights of the child or family are politics. The parents want safety and education. There should be a hardline on bullying. Bet it doesn't happen there again anytime soon, so that is good.

Anonymous said...

Wait,,, are you saying a man is named Precious? Are you F'ing kidding me. The femininization of African American males has just hit a new low. It's bad enough they wear their pants down to show their butts to other males and wear all that jewelry, now they are calling the men Precious!!!!!! Then they join the democrat party that enslaved them, that spawned the KKK to keep them from voting. The same same democrat party that embraces beta males. WTF?

Anonymous said...

The Martins enrolled their kids specifically to SHAKE DOWN St. Andrews. The liberalism and white guilt is strongest there. They have people with enough wealth with ties to the school to pay the martins a 7 figure pay off. The Martins hate white people so bad that they can do this with a straight face. Please there are scared to tell blacks like it really is and ALWAYS cowtow to them.
If the people with money at St Andrews wanted to, they have the connections to put down the Martins to where they would not be a problem again. They probably will not do this but would for sure do it to a white who was accused of racism.

Anonymous said...

10:01 Unlikely, or they are very patient. Their oldest was enrolled at least three years ago.

The rest of your rant is incoherent.



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