Free Answer to Amended Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00218-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STEPHEN HALCHUK, Plaintiff, v. ROBERT L. WILLIAMS d/b/a ROBERT L. WILLIAMS TRUCKING, Defendant/Third-Party Plaintiff, v. ROBERT D. NEVIN, JR. and THE NATIONAL CASH REGISTER COMPANY, Third-Party Defendants. | | | | | | | | | | | | | | | | | | |

C.A. No. 07-218

ANSWER, AFFIRMATIVE DEFENSES AND THIRD-PARTY COMPLAINT 1. Defendant lacks sufficient information to admit or deny the

allegations of this paragraph and they are therefore deemed denied. 2. 3. 4. 5. 6. 7. Denied. Admitted. Admitted. Denied. Admitted. Denied as to the whole and each subpart.

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8.

All allegations of negligence and causation are denied. Defendant

lacks sufficient information to admit or deny the remaining allegations of this paragraph and they are therefore deemed denied. 9. All allegations of negligence and causation are denied. Defendant

lacks sufficient information to admit or deny the remaining allegations of this paragraph and they are therefore deemed denied. 10. All allegations of negligence and causation are denied. Defendant

lacks sufficient information to admit or deny the remaining allegations of this paragraph and they are therefore deemed denied. First Affirmative Defense The plaintiff's claims are barred and/or limited by his comparative negligence. Plaintiff was comparatively negligent in that he: (a) operated his vehicle in a careless or imprudent manner, in violation

of 21 Del.C. § 4176(a); (b) operated his vehicle in an inattentive manner, in violation of 21

Del.C. § 4176(b); (c) operated his vehicle at a speed greater than was prudent under the

conditions then existing, in violation of 21 Del.C. §§ 4168 and 4169; (d) failed to maintain his vehicle under proper control, including the

failure to properly steer and to brake; (e) 4176(b); failed to maintain a proper lookout, in violation of 21 Del.C. §

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(f)

failed to follow at a reasonable and prudent distance, in violation of

21 Del.C. § 4123(a); (g) operated his vehicle in a reckless manner in willful or wanton

disregard for the safety of others, in violation of 21 Del.C. § 4175(a); (h) operated his vehicle in an aggressive manner, in violation of 21

Del.C. § 4175A; (i) caused malicious mischief by operating his vehicle in a manner

causing reckless, willful or wanton damage to another's property, in violation of 21 Del.C. § 4172A; (j) (k) made an improper lane change; and, otherwise acted negligently per se and/or in common law as may

be learned through further investigation and discovery. Second Affirmative Defense The accident and the plaintiff's alleged injuries were caused by a thirdparty over whom the defendant exercised no control. Third Affirmative Defense The accident resulted from an emergency not of the defendant's making. WHEREFORE, Defendant demands that the Complaint be dismissed with prejudice and costs assessed against Plaintiff.

THIRD-PARTY COMPLAINT 1. Defendant/Third-Party Plaintiff denies that he is liable to Plaintiff in

any manner. In the event that he is found liable to the plaintiff, he is entitled to

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contribution and/or indemnification from Third-Party Defendant Robert D. Nevin, Jr., whose negligent conduct caused any injuries that may have been incurred by Plaintiff, and from Third-Party Defendant The National Cash Register Company, which is vicariously liable for Nevin's conduct. 2. Upon information and belief, Third-Party Defendant Robert D.

Nevin, Jr. resides at 123 Buck Lane, Collins Park, New Castle, DE 19720. 3. Third-Party Defendant The National Cash Register Company is a

registered foreign corporation (Maryland), File Number 1012623, whose Registered Agent for service of process within the State of Delaware is The Corporation Trust Company, 1206 Orange Street, Wilmington, Delaware 19801. 4. At all times relevant hereto, third-party defendant Nevin was acting

as the agent of third-party defendant The National Cash Register Company. 5. On November 10, 2005, third-party defendant Nevin was operating

a 2004 Pontiac Aztek northbound on I-495 in New Castle County, Delaware. 6. Third-party defendant Nevin stopped and parked his vehicle

partially in the right-hand shoulder and partially in the right-hand lane of I-495 on the Christiana River Bridge approximately .55 miles north of Terminal Avenue, in order to search for a headlight that had earlier fallen off his vehicle. 7. At approximately 11:28 a.m., a 2002 Sterling tractor-trailer operated

by Wayne E. Shelalis of New Castle, Delaware collided with third-party defendant Nevin's parked vehicle. 8. The collision was caused by third-party defendant Nevin, who was

negligent in that he:

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(a)

allowed his vehicle to remain stopped, standing or parked upon a

roadway when it was practical to do so off the roadway, in violation of 21 Del.C. § 4179(a)(12); (b) allowed his vehicle to remain stopped, standing or parked upon a

bridge or elevated structure, in violation of 21 Del.C. § 4179(a)(14); (c) allowed his vehicle to remain stopped, standing or parked upon a

roadway in a manner that obstructed the free passage of traffic, in violation of 21 Del.C. § 4179(a)(16); and, (d) otherwise acted negligently per se and/or in common law as may

be learned through further investigation and discovery. 9. 10. Debris from the collision was strewn about the roadway of I-495. Traffic approaching the scene of the collision was forced to take

evasive action to avoid colliding with the involved vehicles and debris. 11. Less than three minutes after the collision, defendant/third-party

plaintiff Robert L. Williams, operating his 1980 Peterbuilt tractor, which was towing a dump trailer loaded with concrete, approached the scene from the center lane of I-495. 12. Mr. Williams was forced to brake in response to the traffic slowing

ahead of him. 13. As Mr. Williams' rig was slowing down in the center lane, his trailer

was struck in the left rear by a 1977 Ford Ranger pickup truck operated by Plaintiff Stephen Halchuck, who alleges he suffered injuries in the collision as set forth in his Complaint, attached hereto as Exhibit A.

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14.

Third-party defendant The National Cash Register Company is

vicariously liable for injuries caused by the negligence of third-party defendant Nevin set forth in Paragraph No. 8 above, pursuant to the doctrine of respondeat superior. 15. negligent As any injury the plaintiff may have suffered was caused by the conduct of third-party defendant Nevis, in the event that

defendant/third-party plaintiff Robert L. Williams is held liable to the plaintiff, Mr. Williams is entitled to contribution and/or indemnification from the third-party defendants. WHEREFORE, Defendant/Third-Party Plaintiff Robert L. Williams

demands judgment be entered in his favor and against Third-Party Defendants Robert D. Nevin, Jr. and The National Cash Register Company plus costs, interest and attorneys' fees.

MUPRHY & LANDON /s/ Roger D. Landon ROGER D. LANDON, No. 2460 1011 Centre Road, #210 Wilmington, DE 19805 (302) 472-8112 Attorney for Defendant/Third-Party Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STEPHEN HALCHUK, Plaintiff, v. ROBERT L. WILLIAMS d/b/a ROBERT L. WILLIAMS TRUCKING, Defendant/Third-Party Plaintiff, v. ROBERT D. NEVIN, JR. and THE NATIONAL CASH REGISTER COMPANY, Third-Party Defendants. | | | | | | | | | | | | | | | | | | |

C.A. No. 07-218

CERTIFICATE OF SERVICE I, Roger D. Landon, Esq., do hereby certify that on this 13th day of November, 2007, a copy of the foregoing ANSWER, AFFIRMATIVE DEFENSES AND THIRD-PARTY COMPLAINT was electronically filed and served upon the following individual: Michael J. Hood, Esq. P.O. Box 1471 Wilmington, DE 19899-1471 MURPHY & LANDON /s/ Roger D. Landon ROGER D. LANDON, No. 2460 1011 Centre Road, #210 Wilmington, DE 19805 (302) 472-8112 Attorney for Defendant/Third-Party Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STEPHEN HALCHUK, Plaintiff, v. ROBERT L. WILLIAMS d/b/a ROBERT L. WILLIAMS TRUCKING, Defendant/Third-Party Plaintiff, v. ROBERT D. NEVIN, JR. and THE NATIONAL CASH REGISTER COMPANY, Third-Party Defendants. TO: Robert D. Nevin, Jr. 123 Buck Lane, Collins Park New Castle, Delaware 19720 | | | | | | | | | | | | | | | | | | | Summons in a Civil Case

C.A. No. 07-218

YOU ARE HEREBY SUMMONED and required to serve on Roger D. Landon, Esquire, Murphy & Landon, 1011 Centre Road, Suite 210, Wilmington, DE 19805 an answer to the complaint which is served on you with this summons, within 20 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

CLERK

DATE

(By) DEPUTY CLERK

00147751

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STEPHEN HALCHUK, Plaintiff, v. ROBERT L. WILLIAMS d/b/a ROBERT L. WILLIAMS TRUCKING, Defendant/Third-Party Plaintiff, v. ROBERT D. NEVIN, JR. and THE NATIONAL CASH REGISTER COMPANY, Third-Party Defendants. TO: | | | | | | | | | | | | | | | | | | | Summons in a Civil Case

C.A. No. 07-218

The National Cash Register Company c/o Registered Agent: The Corporation Trust Company 1206 Orange Street Wilmington, Delaware 19801

YOU ARE HEREBY SUMMONED and required to serve on Roger D. Landon, Esquire, Murphy & Landon, 1011 Centre Road, Suite 210, Wilmington, DE 19805 an answer to the complaint which is served on you with this summons, within 20 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service.

CLERK

DATE

(By) DEPUTY CLERK

00147753