Free Counterclaim - District Court of Delaware - Delaware

Case 1 :07-cv—00008-SLR Document 6 Filed O2/16/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DELAWARE RIVER AND BAY :
AUTHORITY, : C.A. No. 07-00008-SLR
Plaintiff p
v. :
JAN D. KOPACZ,
Defendant. :
ANSWER OF DELAWARE RIVER AND BAY AUTHORITY
TO COUNTERCLAIM OF JAN D. KOPACZ
Plaintiff, Delaware River and Bay Authority (hereinafter "DRBA"), hereby responds to
defendant Jan Kopacz’ counterclaim as follows:
l. Denied as stated. It is admitted only that Kopacz was paid in accordance with
DRBA’s disability policy as a result of his alleged on-the-job injury of December 24, 2004. It is
further admitted that DRBA has paid all reasonable and necessary medical expenses related to
that incident when such invoices have been presented. It is specifically denied that any
maintenance payments have been discontinued. DRBA’s position regarding maintenance is set
forth clearly in its Complaint seeking a Declaratory Judgment.
2. Denied. It is averred to the contrary that DRBA is only required to provide
maintenance and medical treatment to Kopacz to the extent that it is not provided by others until
such time as he reaches maximum medical improvement. By way of further answer, Kopacz’
monthly living expenses have been provided by the long—tenn disability (hereinafter "LTD")
carrier pursuant to a plan purchased for his benefit by the DRBA and/ or by the Social Security
Administration (hereinafter "SSA"). All remaining allegations are denied, and strict proof
thereof is demanded at trial.

. Case 1:07-cv-00008-SLR Document 6 Filed 02/16/2007 Page 2 of 4
3. Denied. It is averred to the contrary that the DRBA has authorized all reasonable
and necessaiy medical treatment, and any delay in his treatment has been either caused by the
medical provider, Kopacz and/or by others over whom DRBA has no control. All remaining T
allegations are denied, and strict proof thereof is demanded at trial. q
4. Answering Defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations contained in paragraph 4 and, therefore, same are denied,
and strict proof is demanded at trial.
5. The allegations contained in paragraph 5 are conclusions of law to which no A
{ response is required. To the extent that a response is deemed required, it is denied that Kopacz is
entitled to any relief under the Counterclaim pursuant to general maritime or other law. 4
AFFIRMATIVE DEFENSES
l. Kopacz’ Counterclaim fails to state a claim upon which relief can be granted.
3. None of the losses sustained by Kopacz resulted from any act or failure to act on
the part of the DRBA.
5. Kopacz has failed to mitigate his damages. q A
6. The DRBA has met all of its maintenance and cure obligations under maritime
law.
7. The DRBA claims all the defenses available to them under general maritime law.
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Case 1 :07-cv—00008-SLR Document 6 Filed 02/16/2007 Page 3 of 4
WHEREFORE, Plaintiff Delaware River and Bay Authority, demands judgment in its
favor and against Defendant, Jan D. Kopacz, on both the Complaint and Counterclaim, together
with interest, costs, attorneys’ fees and such other and further relief as may be appropriate under
the circumstances.
February 16, 2007 ROSENTHAL, MONHAIT & GODDES S, P.A.
By: /s/ Carmella P. Keener
OF COUNSEL: Carmella P. Keener (DSBA No. 2810)
919 N. Market Street, Suite 1401
Mary Elisa Reeves, Esquire P.O. Box 1070
DONNA ADELSBERGER & Wilmington, DE 19899-1070
ASSOCIATES, P.C. (302) 656-4433
6 Royal Avenue [email protected]
P.O. Box 530 Attorney for the Plaintwf
Glenside, PA 19038-0530 Delaware River and Bay Authority
(215) 576-8690
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Case 1 :07-cv—00008-SLR Document 6 Filed 02/ 1 6/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Carmella P. Keener, hereby certify that on this 16*}* day of February, 2007, I electronically
tiled with the Clerk ofthe Court Answer of Delaware River and Bay Authority t0 Counterclaim
of Jan D. Kopacz using CM/ECF which will send notification of such tiling to the following:
Bernard A. VanOgtrcp, Esquire
Seitz Van Ogtrop & Green, P.A. `
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899
. /s/ Carmella P. Keener »
Carmella P. Keener (DSBA No. 2810)
ROSENTHAL, MONHAIT & GODDESS, P.A.
919 N. Market Street, Suite 1401
P.O. Box 1070
Wilmington, DE 19899-1070
(302) 656-4433
[email protected]
Attorney for the PZaintw€
Delaware River and Bay Authority
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