David Justice Responds To $5 Million Palimony Lawsuit

Jet, Sept 17, 2001

Baseball superstar David Justice, who was hit with a $5 million palimony suit by the mother of his son earlier this year, recently alleged that she is spending his child support payments on herself, according to news reports.

Nicole Foster, Justice's former fiancee and mother of the baseball star's 19-month-old son, David Justice Jr., filed the suit earlier this year, charging breach of contract, intentional infliction of emotional distress and domestic violence (JET, March 26).

"I pay $5,000 a month right now in child support for a 19-month-old," Justice told the New York Daily News. "And he ain't getting none of it, probably. She leaves him with his grandmothers while she's traveling to Mexico with her girlfriends. She's got diamonds all over herself and don't have no job. So how is she doing that? With my money."

Justice also told the New York Daily News, "and now she's bitter because I got married. I moved on, my son loves me as well as my wife. She hates that. She's already told me on the phone, `I'm going to make your life a living hell.' So she's going to go all out. And she's got the perfect lawyer for it."

Justice made the comments after a process server came to the Edison Field ball park in New York and tried to find him to serve him papers in the palimony suit during a recent Yankees-Angels game.

Foster's lawyer, Marvin Mitchelson, told the New York Daily News that he did have a process server attempt to serve the baseball star with papers involving the ongoing palimony suit.

"He was dodging servers for three days," said Mitchelson, who is a celebrity attorney and pioneer of the concept of palimony. "David Justice makes Gary Condit look like George Washington. David is very disingenuous. He's not truthful. (Foster) doesn't have diamonds."

A California state court recently threw out the palimony suit, saying that the case should be heard in Ohio where Justice and Ms. Foster lived. Mitchelson is trying to have the case heard in federal court in California because Justice and his new wife Rebecca have an apartment in West Hollywood, Newsday reported.

Justice was married to actress Halle Berry from 1993-97. That union ended in a bitter, public divorce. Berry is now married to singer Eric Benet.