Case: 18CI1:24-cv-00017 Document #: 18 Filed: 03/15/2024 Page 1 of 12

IN THE CIRCUIT COURT OF FORREST COUNTY, MISSISSIPPI

EDILMA PEREZ RAMIREZ,

INDIVIDUALLY AND ON BEHALF OF
THE WRONGFUL DEATH
BENEFICIARIES OF DUVAN ROBERT TOMAS PEREZ PLAINTIFF

VS. CAUSE NO.: 18CI1:24-CV-00017

MAR-JAC POULTRY MS, LLC,

ONIN STAFFING, LLC
LETISSHA HILL, JOHN DANIELS
AND FICTICIOUS DEFENDANTS 1-60 DEFENDANT(S)

ANSWER AND DEFENSES TO COMPLAINT BY DEFENDANT

MAR-JAC POULTRY MS, LLC
(JURY TRIAL REQUESTED)

COMES NOW, MAR-JAC POULTRY MS, LLC, by and through its counsel of record,

Carr Allison, and files this its Answer and Defenses to the Complaint, asserting the following, to-

wit:

FIRST DEFENSE

Plaintiff’s Complaint fails to state a claim for which relief can be granted. Specifically,

Plaintiff’s claim is barred by the exclusive remedy provisions of the Mississippi Workers’

Compensation Act and must be dismissed pursuant to Miss. Code Ann § 71-3-9.

SECOND DEFENSE

Plaintiff’s Complaint fails to join an indispensable party pursuant to Rule 19 of the

Mississippi Rules of Civil Procedure.

THIRD DEFENSE

Process served on this Defendant is insufficient.

FOURTH DEFENSE

Service of process on this Defendant is insufficient.

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FIFTH DEFENSE

ANSWER

AND NOW, without waiving their right to first be heard on the aforementioned defenses,

this Defendant would answer the Plaintiff’s Complaint, paragraph by paragraph, as follows, to-

wit:

PARTIES

1. Denied.

2. Admitted.

3. Admitted.

4. Denied.

5. This Defendant do not have sufficient information to admit or deny the allegations

contained in this Paragraph of the Plaintiff’s Complaint and therefore denies the same.

6. Denied.

7. Denied.

8. This Defendant do not have sufficient information to admit or deny the allegations

contained in this Paragraph of the Plaintiff’s Complaint.

9. This Defendant do not have sufficient information to admit or deny the allegations

contained in this Paragraph of the Plaintiff’s Complaint.

JURISDICTION AND VENUE

10. Denied. Any subject matter jurisdiction for this claim as to this Defendant would

be before the Mississippi Workers’ Compensation Commission.

11. Denied.

12. This Defendant do not have sufficient information to form a belief as to the

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allegations of this Paragraph of the Plaintiff’s Complaint and therefore denies the same.

13. Denied.

FACTS

14. This Defendant admit that Perez was killed on July 14, 2023, at the Mar-Jac plant

located at 1301 James Street in Hattiesburg, Mississippi. The remaining allegations of this

paragraph of the Plaintiff’s Complaint are denied.

15. This Defendant admit that Perez was killed while working on the machine. The

remaining allegations of this Complaint are denied.

16. Denied.

17. Admitted.

18. Denied as stated.

19. Denied as stated.

20. Denied.

21. Admitted that such a notice was filed. The remaining allegations of this Paragraph

of the Plaintiff’s Complaint are denied.

22. Admitted.

23. Denied.

24. Denied.

25. The allegations of this Paragraph of the Plaintiff’s Complaint do not appear to be

directed to this Defendant, but to the extent a response is necessary, the allegations of this

Paragraph of the Complaint as to this Defendant are denied.

26. Denied.

27. Denied.

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28. Denied.

29. Denied.

30. Admitted. However, the allegations of this Paragraph are not relevant evidence at

that would be admissible the trial of this cause.

31. Denied.

32. Denied.

33. Denied.

34. Denied.

35. Denied.

36. Denied.

37. Denied.

COUNT I

28. This Defendant adopt and re-allege their Answer to the preceding paragraphs of the

Plaintiff’s Complaint.

39. Denied.

a) Denied.

b) Denied.

c) Denied.

d) Denied.

e) Denied.

f) Denied.

g) Denied.

h) Denied.

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i) Denied.

j) Denied.

k) Denied.

l) Denied.

m) Denied.

n) Denied.

o) Denied.

p) Denied.

q) Denied.

r) Denied.

s) Denied.

t) Denied.

u) Denied.

v) Denied.

w) Denied.

x) Denied.

y) Denied.

z) Denied.

aa) Denied.

COUNT II

This Defendant adopt and re-allege their answer to the preceding paragraphs of the

Plaintiff’s Complaint.

41. Denied as stated.

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42. Denied.

43. Denied.

COUNT III

44. This Defendant adopt and re-allege their answer to the preceding paragraphs of the

Plaintiff’s Complaint.

45. The allegations of this paragraph of the Plaintiff’s Complaint do not appear to be

directed to this Defendant, but to the extent a response is necessary, the allegations of this

paragraph of the Complaint as to this Defendant are denied.

a) The allegations of this paragraph of the Plaintiff’s Complaint do not appear

to be directed to this Defendant, but to the extent a response is necessary,

the allegations of this paragraph of the Complaint as to this Defendant are

denied.

b) The allegations of this paragraph of the Plaintiff’s Complaint do not appear

to be directed to this Defendant, but to the extent a response is necessary,

the allegations of this paragraph of the Complaint as to this Defendant are

denied.

c) The allegations of this paragraph of the Plaintiff’s Complaint do not appear

to be directed to this Defendant, but to the extent a response is necessary,

the allegations of this paragraph of the Complaint as to this Defendant are

denied.

d) The allegations of this paragraph of the Plaintiff’s Complaint do not appear

to be directed to this Defendant, but to the extent a response is necessary,

the allegations of this paragraph of the Complaint as to this Defendant are

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denied.

e) The allegations of this paragraph of the Plaintiff’s Complaint do not appear

to be directed to this Defendant, but to the extent a response is necessary,

the allegations of this paragraph of the Complaint as to this Defendant are

denied.

46. The allegations of this paragraph of the Plaintiff’s Complaint do not appear to be

directed to this Defendant, but to the extent a response is necessary, the allegations of this

paragraph of the Complaint as to this Defendant are denied.

COUNT IV

47. This Defendant adopt and re-allege their answer to the preceding paragraphs of the

Plaintiff’s Complaint.

48. Denied.

49. Denied.

50. Denied.

51. Denied.

COUNT V

52. Denied.

53. Denied.

54. Denied.

COUNT VI

55. This Defendant adopt and re-allege their answer to the preceding paragraphs of the

Plaintiff’s Complaint.

56. Admitted.

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57. Admitted.

58. Denied as stated.

59. Admitted.

60. Denied.

61. The allegations of this paragraph of the Plaintiff’s Complaint do not appear to be

directed to this Defendant, but to the extent a response is necessary, the allegations of this

paragraph of the Complaint as to this Defendant are denied.

62. Denied.

63. Denied.

64. Denied.

65. Denied.

66. Denied.

COUNT VII

67. This Defendant adopt and re-allege their answer to the preceding paragraphs of the

Plaintiff’s Complaint.

68. Denied.

69. Denied.

70. Denied.

71. Denied.

COUNT VIII

72. This Defendant adopt and re-allege their answer to the preceding paragraphs of the

Plaintiff’s Complaint.

73. Denied.

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74. Denied.

75. Denied.

COUNT VIX

76. Denied.

DAMAGES AND PRAYER FOR RELIEF

77. Denied.

a) Denied.

b) Denied.

c) Denied.

d) Denied.

e) Denied.

f) Denied.

g) Denied.

h) Denied.

IN RESPONSE to the last unnumbered paragraph of the Plaintiff’s Complaint beginning

with “WHEREFORE, PREMISES CONSIDERED,” this Defendant deny that the Plaintiff is

entitled to a judgment against them in any amount whatsoever.

SIXTH DEFENSE

AFFIRMATIVE DEFENSES

AND NOW, having answered the Plaintiff’s Complaint, paragraph by paragraph, and

having denied any liability in the premises, this Defendant would raise the following special and

affirmative matters.

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FIRST AFFIRMATIVE DEFENSE

Plaintiff’s damages were caused by persons or entities other than this Defendant.

SECOND AFFIRMATIVE DEFENSE

The Plaintiff’s decedent’s negligence was the sole and/or proximate contributing cause of

Plaintiff’s injuries.

THIRD AFFIRMATIVE DEFENSE

The Plaintiff’s claims are barred by the exclusive remedy provision of the Mississippi

Workers’ Compensation Act.

FOURTH AFFIRMATIVE DEFENSE

This Defendant affirmatively pleads Miss. Code Ann. § 85-5-7.

FIFTH AFFIRMATIVE DEFENSE

This Defendant affirmatively pleads Miss. Code Ann § 11-1-60.

SIXTH AFFIRMATIVE DEFENSE

This Defendant hereby pleads any and all defenses available to them pursuant to Rule

8(c) of the Mississippi Rules of Civil Procedure.

SEVENTH AFFIRMATIVE DEFENSE

Plaintiff’s claim for loss of earnings is barred by the Immigration Reform Control Act of

1986 (“IRCA”).

EIGHTH AFFIRMATIVE

This Defendant affirmatively pleads Miss Code Ann. § 11-1-65.

NINTH AFFIRMATIVE DEFENSE

The Plaintiffs claims for punitive damages under Mississippi law violate this Defendant’s

rights under the Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution

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and Article 3, Sections Fourteen, Twenty-Three, Twenty-Six and Twenty-Eight of the Mississippi

Constitution because, among other things: (1) Mississippi's standard for an award of punitive

damages is so vague and indefinite that it does not give this Defendant fair notice of the kind of

conduct that would subject Defendant to punishment or the severity of the penalty that the State

may impose; (2) the jury is not provided with standards of sufficient clarity, objectivity and

uniformity for determining either the appropriateness or the appropriate amount of punitive

damages awarded; (3) the jury is not instructed on the limits of punitive damages or is imposed by

the applicable principals of punishment and deterrents; (4) an award of punitive damages is not

subject to judicial review on the basis of objective and uniform standards; (5) Plaintiffs claims

exceed the legitimate interest of the State of Mississippi in punishing unlawful conduct and

deterring its repetition; (6) Plaintiff’s claims are grossly excessive in comparison to the civil or

criminal penalties that could be imposed for comparable conduct; and (7) there is no basis to infer

that a lessor deterrent would not adequately protect the interests of Mississippi citizens.

TENTH AFFIRMATIVE DEFENSE

With respect to Plaintiffs demand for punitive damages, this Defendant specifically

incorporates by reference any and all standards of limitations regarding the determination and/or

enforceability of punitive damage awards which arose in the decisions of BMW of North America

v. Gore, 517 U.S. 559 (1996), Cooper Industries, Inc. v. Leatherman Tool Group, 532 U.S. 424

(2001), and State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003).

ELEVENTH AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state a claim upon which punitive damages may be awarded.

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RESPECTFULLY SUBMITTED, this the 15th day of March, 2024.

MAR-JAC POULTRY MS, LLC, Defendant

BY: CARR ALLISON, their Counsel

BY: /s/ Edward C. Taylor

Edward C. Taylor, MB #9043
Edward C. Taylor/MB #9043
Katie Van Camp/MB #104834
CARR ALLISON
1319 26th Avenue
Gulfport, MS 39501
Phone: (228)-864-1060
Fax: (228)-864-9160
Email: etaylor@carrallison.com
Email: kvancamp@carrallison.com
CERTIFICATE OF SERVICE

I, the undersigned, of the firm of Carr Allison, do hereby certify that I have this day
electronically filed, through the Mississippi Electronic Courts system ("MEC"), the foregoing
Answer to Complaint, which delivered a copy of this document to all counsel as follows:

Jim Reeves (MSB# 9519)

Reeves & Mestayer, PLLC
P.O. Box 1388
Biloxi, MS 39533
Email: jrr@rmlawcall.com

Seth M. Hunter (MSB# 101145)

Dukes Dukes & Hunter
P.O. Box 2055
Hattiesburg, MS 39403
Email: shunter@jdukeslaw.com

THIS, the 15th day of March, 2024.

/s/ Edward C. Taylor

EDWARD C. TAYLOR

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