Jackson v. Thomas et al

Filing 97

ORDER finding in favor of defendants. Signed by Honorable David C Norton on 05/29/12. (jsch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

MONTEZ DESMOND JACKSON,

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Plaintiff,
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vs.
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JAMES LEWIS THOMAS & BARBARA
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JEAN THOMAS,
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Defendants.
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______________________________________ )

Civil No. 2:09-CV-1581
ORDER

The court finds that plaintiff failed to carry his burden of showing, by a
preponderance of the evidence, that defendants unduly influenced Amanda Jackson to
change the beneficiary of her Office of Servicemembers’ Group Life Insurance
(SGLI) policy.1 The court finds the testimony of the lay witnesses credible and the
testimony of Sallie Briggs, RN, especially persuasive. The court also credits
defendants’ expert witness, Dr. Donna Schwarz Watts, but finds the testimony of
plaintiff’s expert, Dr. Bradley A. Clayton, less than credible. Finally, in reaching its
conclusion, the court relies upon the reasoning skills and mental clarity evinced in
Ms. Jackson’s self-recorded telephone conversations and her continued ability to
execute complicated computer tasks as demonstrated by her emails. Therefore, the
court holds in favor of defendants.
AND IT IS SO ORDERED.

1

The appropriate standard in the Fourth Circuit and South Carolina is probably “clear and convincing
evidence” or “unmistakable and convincing evidence”; however, in an abundance of caution, the court
has utilized the preponderance of the evidence standard. Sun Life Assur. Co. v. Tinsley, No.06-0010,
2007 WL 1052485, at *4 (W.D. Va. Apr. 4, 2007), aff’d, 266 Fed. App’x 228 (4th Cir. Jan. 8, 2008);
Russell v. Wachovia Bank, NA, 578 S.E.2d 329 (S.C. 2003); but see Rice v. Office of
Servicemembers’ Grp. Life Ins., 260 F.3d 1240, 1250 (10th Cir. 2001) (quoting Tinsley v. Gen.
Motors Corp., 227 F.3d 700, 704 (6th Cir. 2000)).
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________________________________________
DAVID C. NORTON
UNITED STATES DISTRICT JUDGE
May 29, 2012
Charleston, South Carolina 

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