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Jenkins v. Mangano Corp.11/28/2000
ncing evidence.
Joyce Schamburger, Teresha's mother, testified that Melvin Jenkins was Teresha's father. She admitted to having sexual relations with Mr. Jenkins in May 1971, and discovered she was pregnant in August 1971. Mrs. Schamburger denies having sexual relations with anyone else between May and August 1971. Teresha was born on March 16, 1972. Mrs. Schamburger claimed that Melvin came to visit Teresha when she was one week old and was overjoyed that he had a daughter. He acknowledged her as his daughter in the community where he lived and where Teresha and her mother lived. Once Mrs. Schamburger moved from New Orleans, Mr. Jenkins visited Teresha and bought her gifts throughout the years. According to Mrs. Schamburger, she was also contacted by the Social Security Administration regarding Teresha's eligibility for Melvin's disability benefits. Mrs. Schamburger stated that Teresha received social security benefits until her eighteenth birthday.
Teresha Shaffer testified that she has no doubt that Melvin Jenkins was her father. She testified that she would travel to New Orleans in the summer and spend the entire summer with her father. During the summer months, Teresha would live with her grandmother (plaintiff) since her father was residing with her at the time. Teresha maintains that her father would tell people in his community that she was his child and recalls one instance where he introduced her to a lady, saying "see, I told you that I really had a daughter." Teresha also admitted to receiving Social Security benefits until her eighteenth birthday. Teresha stated that plaintiff told her that her father was in the hospital and not doing well. She asked plaintiff whether she could bring her father to live with her because she was often the person who calmed him down when he became disruptive. Teresha submits that she spoke to her father while he was in the hospital and would call plaintiff often to ask about his condition. She testified that she was unable to take her father into her home as he died in July 1996.
In addition to the deposition testimony, Manhattan Guest House also included an affidavit by Willie Davis, Jr., the manager of Davis Mortuary Service, Inc., the funeral home that handled the arrangements for Melvin Jenkins' funeral. One of his responsibilities was to notify the New Orleans Times-Picayune of Mr. Jenkins' death and supply it with an obituary notice. Mr. Davis stated in his affidavit that Evelyn Jenkins provided him verbally and in person with the information that Mr. Jenkins was survived by a daughter, Teresha Shaffer. Mr. Jenkins obituary, dated July 12, 1996, stated that he was survived by a daughter, Teresha Shaffer.
There is an overwhelming amount of evidence that Melvin Jenkins informally acknowledged Teresha Shaffer before his death. We agree with the position of the court of appeal that considerable weight should be afforded to the testimony of Teresha Shaffer and her mother since neither party has an interest in this litigation and has no recognizable reason to embellish the truth. Melvin Jenkins acknowledged Teresha Shaffer in conversations with others and referred to her as his daughter. Teresha lived with Melvin and her grandmother every summer in New Orleans. She also received social security benefits in the name of her father until she was eighteen years old. This fact establishes that Melvin Jenkins, albeit indirectly, provided financial support for Teresha. Teresha visited her father, almost every summer, and lived with him and his mother. Moreover, Teresha and her mother both testified that Melvin introduced her in the community as his daughter. Based on the evidence, we find that Melvin Jenkins continuously and unequivoca
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