IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

PATRICIA BURKETT, Administratrix * 

Of the ESTATE OF * 

JEREMY BURKETT, deceased, * 

 Plaintiff, * 

 * 1:06-CV-775-DRB 

VS. * 

 * 

TIMOTHY EUGENE MCCRAY and * 

S.E. LUMBER COMPANY, * 

 Defendants. * 

ANSWER TO COUNTERCLAIM

 COMES NOW, the Plaintiff by and through her undersigned counsel and for 

answer to Defendant’s, Timothy Eugene McCray, Counterclaim states as follows: 

1. Plaintiff denies allegations contained in paragraph 16 of the Counterclaim. 

2. Plaintiff denies allegations contained in paragraph 17 of the Counterclaim. 

3. Plaintiff denies allegations contained in paragraph 18 of the Counterclaim. 

4. Plaintiff denies allegations contained in paragraph 19 of the Counterclaim. 

5. Plaintiff is without sufficient information to form a belief as to the veracity of 

paragraph 20 of the Counterclaim. 

6. Plaintiff is without sufficient information to form a belief as to the veracity of 

paragraph 21 of the Counterclaim. 

7. Plaintiff is without sufficient information to form a belief as to the veracity of 

paragraph 22 of the Counterclaim. 

8. Plaintiff is without sufficient information to form a belief as to the veracity of 

paragraph 23 of the Counterclaim. 

9. Plaintiff is without sufficient information to form a belief as to the veracity of 

paragraph 24 of the Counterclaim. 

10. Plaintiff explicitly denies allegations in paragraph 25 of the Counterclaim and 

demands strict proof thereof. 

Case 1:06-cv-00775-TFM Document 10 Filed 09/28/2006 Page 1 of 3
COUNT ONE

FIRST AFFIRMATIVE DEFENSE

The Counterclaim fails to state a claim for which relief can be granted. 

SECOND AFFIRMATIVE DEFENSE

Counterclaim Defendant denies each and every material allegation of the Counterclaim 

Plaintiff’s Complaint and thereby pleads the general issue. 

THIRD AFFIRMATIVE DEFENSE

The damages for which Counterclaim Plaintiff allege was not caused by any act and/or 

omissions of this Counterclaim Defendant. 

FOURTH AFFIRMATIVE DEFENSE

Counterclaim Defendant avers that any award of punitive damages in this case would be 

in violation of the constitutional safeguards provided under the Constitution of State of 

Alabama. 

FIFTH AFFIRMATIVE DEFENSE

Counterclaim Defendant avers that any award of punitive damages in this case would be 

in violation of the constitutional safeguards provided under the Constitution of the United 

States of America. 

RESPECTFULLY submitted this the 28th day of September, 2006. 

 s:/David J. Harrison_______

 David J. Harrison, HAR149 

 Attorney for Plaintiff 

 P.O. Box 994 

 Geneva, Alabama 36340 

 334-684-8729 

Case 1:06-cv-00775-TFM Document 10 Filed 09/28/2006 Page 2 of 3
CERTIFICATE OF SERVICE

 I hereby certify that on the 28th day of September, 2006, I electronically 

filed the foregoing with the Clerk of Court using the CM/ECF system, which will 

send notification of such filing to the following: 

David W. Rousseau, Esq. William A. Mudd, Esq. 

Attorney for Defendant Miller, Hamilton, Snider & 

211 W. Adams Street Odom, L.L.C. 

Dothan, Alabama 36303 Attorney for Defendants 

 505 North 20th Street 

Johnnie Mae Graham, Esq. Financial Center, Suite 1200 

Attorney for Defendant Birmingham, Alabama 35203 

609 Pine Avenue 

P.O. Box 2303 

Albany, Georgia 31702 

 s:/David J. Harrison_______

 David J. Harrison 

Case 1:06-cv-00775-TFM Document 10 Filed 09/28/2006 Page 3 of 3