In family law cases, claims for emotional distress or other legal remedies must be filed within the applicable statute of limitations; claims filed beyond this legal time limit will be dismissed by the court, regardless of their merit. This principle ensures that legal disputes are resolved promptly and that evidence remains reliable.
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Because of Some RumorsAdded:
Plaintiff Samande McFarland says one year after he started dating the defendant, she got pregnant and assured him that the baby was his. However, Samande claims he then heard rumors that his ex was prostituting, so he broke up with her. Today, Samande petitioned the court for a DNA test, and he's suing his ex-girlfriend for emotional distress.
Defendant Bridgetette Evans says the reason she broke up with Seamande is because he's a woman beater. Bridgetette says Samantha assaulted her when she was 6 months pregnant and beat her with a shovel and she's called the police on him numerous times. Bridgetette's counter suing for emotional distress.
Start with you. I met Bridgetette Evans the defendant sir. Um uh in 1999 uh she was from California. I was from Cleveland, Ohio. And uh we talked on a telephone for a while. Uh we arranged for a visit for her to come to Cleveland. When she came to Cleveland, we started dating from there. So, she never left, your honor. Uh, one year later, she got pregnant and assured me that the child was mine. Uh, while pregnant, I heard rumors that she was having sex for money and things of that sort.
>> Who did you hear them from?
>> Uh, people that I actually uh lived with would tell me things and people in the area, neighbors seen people coming over to her.
>> Okay, that's not true.
>> You all didn't live together.
>> Yes, we did. When I'd go to work, um, you know, I was hearing reports of people coming overs while I'm at work.
never had a job >> from your neighbors.
>> You never had a job.
>> She said you never had a job.
>> I've kept the job for >> I've kept the job for the longest.
>> But I was with you.
>> The relationship got worse after uh >> cuz you're a woman because you skipping over that weed selling.
>> No. So I didn't at that at that time I did smoke marijuana, but I don't No, no, no, not at all. I don't deal with that and that's nothing.
>> So the relationship got worse. Sher uh when I it was confirmed that there were actually men in the house and at that time uh we broke up because some people that I know that were there a guy that I knew told me >> how you know they weren't lying trying to get your woman >> or I'm not really sure whether they were lying or not was confirmed.
>> So if you're not sure then what happened as a result of what they I'm just curious what did you do as a result of these people making these allegations about your woman?
>> At that time I left I left the apartment that we own. You left your woman because of some rules. We broke up. It was just time for us to break up, sir.
>> Why? I'm just kidding.
>> I mean, because of the the things that I'm hearing from this young lady from neighbors.
>> That's my point. Because you were a woman beater. You beat me. That's why I left you.
>> Your honor, listen, I've done things in my past that I'm not ashamed.
>> Let me hear from her, sir. Go ahead, ma'am. What do you want to say?
>> First of all, he's just telling everything he's saying is not true. He was violent towards me um in one major incident. and I was 6 and 1/2 months pregnant with our daughter. And I was sitting in the car with my best friend, which is his cousin. He pulls me out the car, begins beating me because when he drinks, he likes to hit women.
>> And you stole $1,000 from him.
>> You never had no money.
>> So, there were some people in the back in the backyard while we were fighting and they broke us up. Then he comes like a couple seconds later with a long shovel and decides to hit me in my head and split my head while I'm pregnant. If I hit you with a shovel, where >> I have for police reports to prove that this sounds like it's going to be part of your counter claim and I'll get to your counter claim, ma'am. I was allowing you to address his allegations.
>> I've never slept with any other man besides him while I was with him. I had a black eye on my face, at least one at all times. I have a scar above my eye right here, which he hit me in the face with the door and reprimanded me against the tub so that I couldn't go to the hospital.
>> All right, we'll get to your street with some girl. What did you say?
>> Sir, tell me what else you want me to know about her sleeping with these guys.
You left because of the rumors you heard?
>> Yes, your honor. And plus, she uh got she was actually on TV for uh stealing from old people. She was a employee at an uh part of why you left.
>> I mean, that her character, I mean, she was a thief and an addict. How can you hang around someone like that? If I if I hit this young lady in her head, sir, why was she still with me? If if that was the case, >> go ahead, sir. And you suing her today for what?
>> Um, because I haven't seen my daughter since September of '07. Sir, uh, I've still got Christmas toys in my closet right now that she will not let me deliver.
>> What has she done to prohibit you from seeing?
>> She will not every time. Right now, I don't have visitation rights. That's why I'm seeking a DNA test, sir. Plus, this young lady gets X amount of money from me every month since your daughter 200 $32. Why haven't you sought uh a paternity test in these eight years?
>> Because before that, before prior to me uh breaking up with her, I met Ebony Gorman and she stopped letting me see her after I you know started going with she wouldn't let me see her and that was this was in 2003.
>> Okay.
>> So up until 03 you had regular visits with your child. Yes, I did. So you had no reason to bring any claim against her. Correct. But as of 03, that's when she stopped allowing you to see your child on a regular basis. Sir, >> is that true?
>> No, that's not true. I stopped allowing him to see her on a regular basis before 2003. That's because he got out of jail and came to my new address on West 7th.
He said he wanted to come He said he wanted to come and see his daughter for Christmas and spend the night with her.
I allowed him to come over there due to the fact he just got out of jail and felt that maybe he was going to be more civilized. He decided to try to force himself on me in which my niece was never convicted. They weren't convicted of that. And then he was put out. He was CMHA was called cuz he kept kicking on my door and the people that live next door to me in >> So that's why you denied him visitation because he was violent towards you and you couldn't trust him. Sir, were you ever jailed for >> Yes, I was in jail, your honor. But I was I was actually >> prior to 04.
>> Yeah, I did. I did. Yes. For domestic violence at one time >> against her?
>> Yes. Never know any other. So she's saying that's why she didn't let you see your child because you were violent toward her.
>> She was letting me see my child just up until >> couple years ago.
>> Ma'am, let's get to your counter claim of $4,000 for emotional distress. Give me the incidents of uh assaults.
>> I have uh proof right here.
>> How many police reports? He gave me a stat.
>> Those are probably about five of them.
Maybe four or five of them.
>> Over the course of how many years?
>> Over the course of three years, maybe.
All right, sir. How do you want to address this counter claim of uh several assaults? One of which you were convicted of by your own admission.
>> And that is true, your honor. But um the other incidents of what she's speaking about, yes, I was arrested, but I was never convicted of those events.
>> But you were convicted of one, so I'm inclined to believe you did.
>> I like I like to add that my daughter calls me every day, your honor. She doesn't even let my daughter if if she's around and my daughter's on the phone, my daughter has to sneak and speak to her father as opposed to if if you don't let me see her, then okay, you won't even let her talk to me on a telephone.
I must tell you that it is um unfortunate, but the law does not allow you to sue a parent for a domestic dispute where the parent withholds the child on an emotional distress claim. What would happen is that you would have to go to court for visitation. If she denies you visitation, you go back to the court and tell the judge, "She's denying me the rights judge that you granted me." Then the judge will issue sanctions against her, which might be financial or they might be criminal sanctions against her, locking her up for violating the court order.
>> I understand your >> So, and now you're telling me today you don't know if the child is yours. That's why I'm petitioning in court because if she's mine, if she's mine, sir, then I'll take it to the next step.
>> Why did you suddenly once again 8 years later determine you're not sure whether the child is yours?
>> Because she's not letting me see my daughter, your honor. I'm trying to provide for my daughter in the best way.
>> You keep saying my daughter, but yet you are unsure.
>> I mean, cuz the bond is there. That's how I look at it.
>> All right. You your witness want to speak?
>> Yes, I would like to speak.
>> State your name.
>> My name is Teresa Hudson. I'm her niece and I have been around for this whole situation, this whole that's what I don't understand how 8 years later now she's not your child. I just don't understand that part.
>> I never stated that she wasn't my child.
>> You want a paternity test to determine if in fact that is the case.
>> Okay. Then your girlfriend Okay. On the other hand, need to be a woman about it cuz I was sent to She was over my house.
I'm not finished, but she was over my house when y'all was texting her talking about get your daughter teeth fixed and all this riff raff. You gonna let somebody say something? This is my little I stay fraternity test that you've uh taken and we'll see whether the child is yours so that you can be comfortable. You >> know how you got your I mentioned the fact that you're getting all this money for me every month. Go get my daughter's teeth fixed every month. Every month you got a new you got a new rental car. You paying rent with money that I'm getting.
>> You should be proud your daughter. I suggested that you get her teeth on that.
>> Okay.
>> She will get her teeth fixed.
>> Right. So, it wasn't serve you the father.
>> Thank you.
>> Thank you.
>> Dance on them. Do a dance.
>> All right. All right. All right.
>> She's about to She's about to kick her out of town.
>> I know where my money is going now.
>> At least he's been paying ma'am his child support. Thank you very much.
>> That's the one good thing about it. I don't know about all this fighting though. When's the last alleged assault?
>> This is the last one. This was the last one in 2000. 2,000. That's the last time, ma'am.
>> That I that I have right here. I didn't get a chance to go to the CHA office from West 7th incident. That's when you think was the last time I had my When do you think was the last time?
>> Last time was in 2002.
>> Okay. You're barred by a statute of limitations. So, I must dismiss your case. Unfortunately, you should have come earlier. 2002 was way beyond the statute of limitations uh for you to file such a claim. And sir, your case is dismissed as well. I can't grant you a judgment because of the failure to receive visitation. You'll have to go to your local court. Both cases are dismissed. I'm glad you got out of the violent situation. Have a good day.
Thank you very much, sir.
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