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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 1 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

 Hon. Ricardo S. Martinez 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

DAVID “KING” BEASLEY, 

 Plaintiff, 

 vs. 

MAGIC TOYOTA OF LYNNWOOD d/b/a 

INXS Inc., a Washington Corporation; 

MICHAEL’S TOYOTA, a Washington 

Corporation; any and all successor 

corporations; DAVID BROADUS; KEITH 

MAYERNIK; PETER CHUNG; AND JESS 

HANSEN, and their marital communities, 

 Defendants. 

NO. CV 05-1895 RSM 

ANSWER, AFFIRMATIVE DEFENSES, 

AND COUNTERCLAIM 

JURY DEMAND 

Defendants I N X S, Inc. d/b/a/ Magic Toyota of Lynwood, Michael’s Toyota, David 

Broadus, Keith Mayernik, Peter Chung, and Jess Hansen, and their marital communities 

(collectively “these Defendants”) answer plaintiff David “King” Beasley’s Complaint for 

Damages and assert the following affirmative defenses and counterclaim. 

I. PARTIES, JURISDICTION, AND VENUE 

1. Admit. 

2. Admit. 

3. Admit. 

4. Denied. 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 1 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 2 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

5. Denied, except admit only insofar as that David Broadus owns 100% of the 

shares of I N X S, Inc. d/b/a Magic Toyota of Lynnwood. 

6. Denied. 

7. Admit. 

8. Admit. 

9. Admit only insofar as that David Broadus owns 100% of the shares of I N X S, 

Inc. d/b/a Magic Toyota of Lynnwood. 

10. Denied. 

11. These Defendants admit that plaintiff alleges a violation of 42 U.S.C. § 1981, 

which forms the basis for federal question jurisdiction; however, these Defendants expressly 

deny any and all allegations that the alleged violation occurred. 

II. FACTUAL ALLEGATIONS 

12. Admit. 

13. Admit. 

14. Denied. 

15. Admit only insofar as that plaintiff was not promoted while employed at Magic 

Toyota; however, these Defendants deny any other allegations that may be contained or 

implied in this paragraph. 

16. Denied. 

17. Denied. 

18. Admit only insofar as that Peter Chung became General Manager of Magic 

Toyota in February 2002. 

19. Deny any and all allegations in this paragraph, except admit only insofar as 

that Peter Chung did conduct sales meetings on a regular basis which were attended by sales 

staff in which he, among other things, taught sales techniques. 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 2 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 3 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

20. Deny any and all allegations that suggest that there were any discriminatory 

actions taken by these Defendants. However, admit only insofar as that in the one sales 

meeting alleged by plaintiff, Mr. Chung, without racial or discriminatory intent, may have 

used the general phrase “lets call a spade a spade” meaning solely “it is what it is,” without 

any derogatory or racial meaning or intent, and it was not directed at plaintiff. 

21. Denied. 

22. Denied. 

23. Denied. 

24. Denied. 

25. Denied. 

26. Admit only insofar as that, on June 10, 2004, an incident occurred in which 

plaintiff fell down toward the floor when he sat on his chair, but caught himself before 

striking the floor. These Defendants deny any other allegation that may be contained or 

implied in this paragraph. 

27. Admit. Tom Wong’s employment was immediately terminated. 

28. Admit only insofar as that L&I found that some injuries noted by the plaintiff 

were related to plaintiff’s industrial injury, others claimed injuries were found by L&I not to 

be related to this industrial injury. In regard to plaintiff’s allegation of “constant pain,” these 

Defendants currently lack sufficient information or belief to admit or deny the allegations 

contained therein and therefore deny the same. These Defendants deny any other allegation 

that may be contained or implied within this paragraph. 

29. Denied. 

30. Denied. 

31. Denied. 

32. Denied. 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 3 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 4 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

33. Denied. 

34. Denied. 

III. CAUSES OF ACTION 

1. Denied. 

2. Denied. 

3. Denied. 

4. Denied 

5. Denied. 

6. Denied. 

IV. PLAINTIFF’S PRAYER FOR RELIEF 

Defendants deny each and every paragraph of the plaintiffs’ prayer for relief contained 

plaintiff’s Complaint. 

V. COUNTERCLAIM FOR FRIVOLOUS LAWSUIT 

By way of counterclaim, these Defendants bring a cause of action for a frivolous 

lawsuit against plaintiff, pursuant to RCW 4.84.185 and Fed. R. Civ. P. 11. The evidence will 

clearly show that plaintiff’s claims are wholly without merit, which any reasonable inquiry 

would have exposed. Due to the unjustified over zealousness, these Defendants have been 

forced to incur legal expenses and costs of litigation in the defense against these frivolous 

allegations and, pursuant to RCW 4.84.185 and Fed. R. Civ. P. 11, these Defendants are 

entitled to recover from plaintiff and his legal counsel their attorneys’ fees, legal expenses, 

and costs of litigation. 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 4 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 5 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

VI. AFFIRMATIVE DEFENSES 

BY WAY OF FURTHER ANSWER, and without admitting any matters previously 

denied, Defendants allege the following affirmative defenses: 

1. No Discrimination. Plaintiff’s claims are barred because these Defendants 

acted at all times in good faith and did not discriminate against plaintiff on the basis of race. 

2. Failure to State a Claim. Plaintiff fails to state a claim for each individual 

claim upon which relief can be granted. 

3. Limitation of Actions. The statue of limitations bars some or all of plaintiff’s 

claims. 

4. Washington Industrial Insurance. To the extent that the plaintiffs’ injuries are 

the result of an industrial accident due to negligence or gross negligence, they are within the 

exclusive jurisdiction of Washington Industrial Insurance Act (“IIA”) laws, and plaintiff has 

waived any right to proceed based upon his option to proceed under the IIA. 

5. Comparative Fault of Plaintiff. Plaintiff’s damages, if any, were proximately 

caused by the negligence or fault of Plaintiff. 

6. Comparative Fault of Third Parties. Plaintiff’s damages, if any, were 

proximately caused by the negligence or fault of third parties. 

7. Independent Medical Conditions. Plaintiff’s damages, if any, were proximately 

caused by a pre-existing bodily condition of the Plaintiff. 

8. Failure to Mitigate. Plaintiff has failed to mitigate his damages. 

9. Allocation of Fault. Defendants are entitled to an allocation of fault and a 

determination of the proportionate share of fault of others for alleged damages on which 

recovery is sought. 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 5 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 6 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

10. Entitlement to Offset. Defendants are entitled to an offset for any advance 

payment of funds by these Defendants to Plaintiff. 

11. Defendant Good Faith. Defendants at all times acted in good faith. 

12. Laches. Plaintiff has delayed in bringing allegations of what he now claims 

were wrongs in order to create a cause of action rather than eliminate discrimination, if any. 

13. Intervening or Superseding Cause. Plaintiff’s damages, if any, were caused by 

an intervening cause, which was a superseding cause of the alleged damages. 

14. Failure to Notify. Plaintiff failed to adequately and timely inform Defendants 

regarding the nature of his claims of discrimination. 

15. No Right to Specific Supervisor. Disability discrimination case law states that 

an employer is under no obligation to provide a different supervisor more to plaintiff’s liking 

as a method of accommodation. 

16. No violation of 42 U.S.C. § 1981. No defendant was involved in a violation of 

42 U.S.C. § 1981. 

17. Improper Entity Named: Michael’s Toyota and I N X S, Inc. d/b/a Magic 

Toyota of Lynwood are two separate corporate entities. Plaintiff has improperly named 

Michael’s Toyota as a party, although there is no relationship between plaintiff and Michael’s 

Toyota that would give rise to any cause of action by plaintiff against Michael’s Toyota. 

18. Collateral Estoppel: Some or all of plaintiff’s injuries have been determined 

by an administrative tribunal to have been caused by events other than those complained of in 

plaintiff’s complaint, thereby barring plaintiff from asserting the contrary pursuant to issue 

preclusion/collateral estoppel. 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 6 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 7 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

VII. RESERVATION OF RIGHTS 

Defendants hereby reserve the right to amend this Answer by way of adding 

affirmative defenses, counter claims, cross claims, or third party claims as the existence of 

such claims is discovered in the future. 

VIII. DEFENDANTS’ PRAYER FOR RELIEF 

Having answered Plaintiff’s Complaint, Defendants pray for judgment as follows: 

a. For plaintiff’s Complaint to be dismissed with prejudice; 

b. For Defendants to be awarded their reasonable attorneys’ fees and taxable costs 

incurred in defending this cause pursuant to all applicable law, including but 

not limited to, RCW 4.84.185, Fed. R. Civ. P. 11, and 42 U.S.C. § 1988; 

c. For such other relief as this court may deem just and equitable. 

DATED this 12th day of December, 2005. 

LEE SMART COOK MARTIN & 

 PATTERSON, P.S., INC. 

By: /s/ Michael A. Patterson_____________

Michael A. Patterson, WSBA No. 7976 

Daniel G. Lloyd, WSBA No. 34221 

Of Attorneys for Defendants 

Magic Toyota Of Lynnwood, et al. 1800 One Convention Place, 701 Pike Street 

 Seattle, WA 98101 

 Phone: (206) 262-8305, Fax: (206) 624-5944 

 map@leesmart.com; dgl@leesmart.com 

LAW OFFICES OF DAN’L W. BRIDGES 

By: /s/ Dan’L W. Bridges 

Dan’L W. Bridges, WSBA No. 24179 

Of Attorneys for Defendants 

Magic Toyota Of Lynnwood, et al. 

11100 NE 8th St Ste 300 

Bellevue, WA 98004-4477 

Phone: (425) 818-4880, Fax: (425) 818-4882 

dbridges@danbridges-law.com 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 7 of 8
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{983918.DOC} 

ANSWER, AFFIRMATIVE DEFENSES, AND 

COUNTERCLAIM - 8 

(W.D. Wash. Cause No. CV05-1895RSM) 

LEE • SMART • COOK • MARTIN & PATTERSON 

P.S., Inc. • Pacific Northwest Law Offices 

1800 One Convention Place • 701 Pike Street • Seattle • WA • 98101-3929 

Tel. 206.624.7990 • Toll Free 877.624.7990 • Fax 206.624.5944

CERTIFICATE OF SERVICE 

I hereby certify that on the date provided below, I electronically filed ANSWER, 

AFFIRMATIVE DEFENSES, AND COUNTERCLAIM with the Clerk of the Court using the 

CM/ECF system, which will send notification of such filing to the following individual: 

Mr. Stephen A. Teller 

Teller & Associates 

1139 34th Ave Ste A 

Seattle, WA 98122 

Phone: (206) 324-8969 

Fax: (206) 860-3172 

steve@stellerlaw.com 

Mr. Mark Dietzler 

Vandeberg Johnson & Gandara 

1201 Pacific Ave., Ste. 1900 

Tacoma, WA 98401-1315 

Phone: (253) 383-3791 

Fax: (253) 383-6377 (fax) 

mdietzler@vjglaw.com 

 

 I certify under penalty of perjury that the foregoing is true and correct. 

 Dated at Seattle, Washington, this 12th of December, 2005. 

By: /s/ Daniel G. Lloyd 

Daniel G. Lloyd, WSBA No. 34221 

Lee Smart Cook Martin & Patterson, P.S., Inc. 

1800 One Convention Place, 701 Pike Street 

 Seattle, WA 98101 

 Phone: (206) 262-8305, Fax: (206) 624-5944 

 dgl@leesmart.com 

Case 2:05-cv-01895-RSM Document 8 Filed 12/12/05 Page 8 of 8