Case 8:05-cv-00637-SCB-TBM Document 15 Filed 04/13/05 Page 1 of 6 PageID 63

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JAMIE ANN NAUGHRIGHT,

)
)
Plaintiff/Counter-Defendant, )
)
vs.
)
)
PEYTON MANNING,
)
)
Defendant/Counter-Plaintiff, )
_____________________________ )

Case No. 8:05-CV-637-T-24-TBM

ANSWER AND AFFIRMATIVE DEFENSES OF PLAINTIFF,

COUNTER-DEFENDANT, JAMIE ANN NAUGHRIGHT
Plaintiff, by and through her undersigned counsel responds to the Counterclaim of Defendant
and states:
1.

Denied.

2.

Denied.

3.

Admitted.

4.

Admitted.

5.

Denied.

6.

Admitted.

7.

Admitted.

Case 8:05-cv-00637-SCB-TBM Document 15 Filed 04/13/05 Page 2 of 6 PageID 64

8.

Denied.

9.

Denied..

10.

Denied.

11.

Denied.

12.

Admitted.

13.

Denied.

14.

Denied.

15.

Denied.

16.

Denied.
AFFIRMATIVE DEFENSES

The following factual matters are relevant to JAMIE ANN NAUGHRIGHTs Affirmative
Defenses and are incorporated therein.
JAMIE ANN NAUGHRIGHT matriculated to the University of Tennessee after graduating
from high school in Hackettstown, New Jersey, in 1986. At the University of Tennessee, she received
a Bachelors Degree in Exercise Physiology, a Masters Degree in Health Education and Promotion,
and an Doctor of Education by writing a dissertation entitled Assessing the HIV/Aids Knowledge,
Attitudes and Behaviors of Representative Football Student Athletes in the Southeastern
Conference.
PEYTON MANNING matriculated to the University of Tennessee as a football scholarship

Case 8:05-cv-00637-SCB-TBM Document 15 Filed 04/13/05 Page 3 of 6 PageID 65

athlete for the school year beginning in the Summer of 1993. During MANNINGS freshman year,
Dr. Naughright was his instructor in a course required for all incoming freshman student athletes,
which she lectured on at-risk sexual behaviors of athletes. In addition, she had further association
with PEYTON MANNING by being the Associate Athletic Trainer to the Football Program and
Director of the Health and Wellness which included supervision of his community services.
During her tenure at the University of Tennessee, JAMIE ANN NAUGHRIGHT, was an
athletic trainer for the womens sport teams, an Associate Athletic Trainer for the Tennessee football
team, Head Track and Field Athletic Trainer for the mens team, member of the Metropolitan Drug
Commission, Medical Director of SEC and NCAA championship events, and a member of the 1996
Atlanta Olympic Medical Staff.
Unknown to JAMIE ANN NAUGHRIGHT, PEYTON MANNING harbored a bias against
female trainers in the football setting and, in fact, believed that women had no place in the training
room. On or about February 29, 1996, in the University of Tennessee training room, while JAMIE
ANN NAUGHRIGHT was evaluating PEYTON MANNINGs foot, he pulled his shorts down and
placed his naked buttocks on NAUGHRIGHTS face. JAMIE ANN NAUGHRIGHT, instead of
prosecuting MANNING, made a complaint to the University of Tennessee for sexual harassment
based upon the alleged MANNING assault, and other acts by the University male employees. A
resolution of that claim was made on or about August, 1997, after which NAUGHRIGHT left the
University.

Case 8:05-cv-00637-SCB-TBM Document 15 Filed 04/13/05 Page 4 of 6 PageID 66

On or about October 28, 1998, JAMIE ANN NAUGHRIGHT moved to Lakeland, Florida,
where she became a Professor and Program Director of Athletic Training at Florida Southern
College. One morning she found on her office door a note that had enclosed with it, excerpts from
Mannings book entitled A Father, His Sons and a Football Legacy: Manning which by innuendo
attacked her person.
JAMIE ANN NAUGHRIGHT sued PEYTON MANNING and others for Defamation in an
action filed in the Tenth Judicial Circuit, In and For Polk County, Florida. This matter was settled
by an Agreement reached on the 2nd

day of December, 2003, the breach of which forms the

underlying basis for this action. Subsequent to the Agreement being reached in this action, on or
about May, 2004, JAMIE ANN NAUGHRIGHT received an invitation from an ESPN producer to
comment upon her relationship with PEYTON MANNING. She refused, and, in fact, had her
attorney, Davis Connor, write the producer and inform him that she is legally prohibited from
speaking with you. Subsequent to May, 2004, NAUGHRIGHT heard nothing further relative
PEYTON MANNING and assumed she would be left alone.
In late December, 2004, and Plaintiff believes on other occasions, an ESPN documentary
entitled: SportsCentury Documentary produced for ESPN Classic aired. It contained a segment
which depicted her photographically, rehashed issues which took place at the University of
Tennessee, statements from Mannings book and had juxtaposed thereafter statements by MANNING
that some people in the past had tried to take advantage of him or embarrass him. Thus,

Case 8:05-cv-00637-SCB-TBM Document 15 Filed 04/13/05 Page 5 of 6 PageID 67

NAUGHRIGHT had again been the subject of an attack by innuendo.

NAUGHRIGHT who was not aware of the ESPN Classic documentary until after its airing,
received notification about it from various sources including Mike Freeman, a journalist with the
Florida Times Union. In conversation with Mike Freeman, she stated her case was concluded, she
would have no comment and that he should contact her attorney. Freeman had no contact with
NAUGHRIGHTs attorney other than being referred to the public record in the Court Clerks office.
The contact of NAUGHRIGHT by Freeman regarding the ESPN television show would never
have taken place but for the reference to NAUGHRIGHT by MANNING. Her statement to Freeman
of no comment and referring him to her attorney, who in turn referred him to the public record does
not violate the Agreement.
ESTOPPEL
PEYTON MANNING is estopped from claiming a breach of the Agreement by JAMIE ANN
NAUGHRIGHT because his own acts set in motion the incident by which JAMIE ANN
NAUGHRIGHT was contacted by Mike Freeman.
PEYTON MANNING is estopped from making a claim against NAUGHRIGHT because any
statements by NAUGHRIGHT do not violate the Agreement.
WAIVER
PEYTON MANNING has waived any right to make claim against JAMIE ANN
NAUGHRIGHT for breach of the Agreement by setting in motion an unflattering depiction of JAMIE

Case 8:05-cv-00637-SCB-TBM Document 15 Filed 04/13/05 Page 6 of 6 PageID 68

ANN NAUGHRIGHT on national television after which he made comment(s) which resulted in
NAUGHRIGHT being contacted by Mike Freeman of the Florida Times Union.

But for,

MANNINGS actions there would have been no conversation with Freeman regarding the
documentary.
Respectfully submitted,
MARTIN LAW OFFICE
By /s/ Michael D. Martin
MICHAEL D. MARTIN
Florida Bar No. 108530
Post Office Box 367
Lakeland, FL 33802-0367
Attorney for Plaintiff
TEL: 863/686-6700/FAX: 863/687-2364
E-MAIL: mike@martinpa.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of April, 2005, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system. I further certify that I forwarded the
foregoing document and the notice of electronic filing by first class mail to the following:
Benjamin H. Hill, III, Esquire
Lara J. Tibbals, Esquire
Hill, Ward & Henderson, P.A.
101 East Kennedy Blvd., Suite 3700
P.O. Box 2231
Tampa, FL 33601

Slade R. Metcalf, Esquire

Katherine M. Bolger, Esquire
Hogan & Hartson, LLP
875 Third Avenue
New York, NY 10022

/s/ Michael D. Martin

Michael D. Martin, Esquire
6