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

Case 1:04-cv-01254-Gl\/IS Document 41 Filed 10/13/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SMITH, JR. and ROSLYN )
WOODARD SMITH, Individually and as )
Administrators of TI-IE ESTATE OF )
HARRY SMITH, III )
)
Plaintiffs, ) Case No. 044254-GMS
)
v. )
) JURY TRIAL DEMANDED
CITY OF WILMINGTON, et al., )
)
Defendants. )
ANSWER OF DEFENDANT CITY OF WILMINGTON
1.-72. This defendant incorporates the responses of the individual defendants to
paragraph l through 72, inclusive of the Amended Complaint.
73. This defendant incorporates its responses to paragraphs l through 72 of the
Amended Complaint.
74. Because plaintiffs do not identify the “statntes” to which they refer, this defendant
is without sufticient knowledge or information so as to be able to form a belief as to the truth of
the averments contained in this paragraph ofthe Amended Complaint.
75. This atlegation is a conclusion of law and no response is required. Tn the event
that a response is required, these allegations are denied.
76. Denied.
77. Denied.
78. It is admitted that plaintiffs seek damages. Defendant denies they are entitled to
damages. All other allegations, if any, are denied.
arti-2a1s9·w·i

Case 1:04-cv-01254-Gl\/IS Document 41 Filed 10/13/2005 Page 2 of 3
AFFIRMATIVE DEFENSES
This defendant incorporates the affirmative defenses set forth in the Answer of the
individual defendants.
WHEREFORE, Defendants prays that the claims against it be denied with costs assessed
against plaintiffs. In the event that the trier of fact determines that this defendant is at fault, this
defendant prays that fault be apportioned between itself and Harry Smith, III.
in Q _
OF COUNSEL: o A. Parkins, 59)
l ad M. Shandler · 96)
Rosamaria Tassone Richards, Layton & Finger
City of Wilmington Law Department One Rodney Square
City/County Baiiding, 9th Floor P- O. Box 551
800 N. French Street Wilmington, Deiaware 19899
Wilmington, Delaware 19801 302-651-7700
302676-2175 parkins@rlr'.com
[email protected]
[email protected]
Attorneys for Defendants
Dated: October 13, 2005
2
RLFE··2933940~l

Case 1:04-cv-01254-Gl\/IS Document 41 Filed 10/13/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
l hereby certify that on October l3, 2005, I electronically tiled the foregoing document
with th Clerk of Court using CM/EGF which will send notification of such tiling(s) and Hand
Delivered to the following:
l Williams & Crosse
1214 King Street
Suite 300
Wilmington, DE 19801
I hereby certify that on October 13, 2005, 1 have sent by U .S. Regular Mail, the foregoing
document to the following non-registered participants:
Anne T. Sulton, Esquire
Post Office Box 2763
Olympia, WA 98507
L. [*2;...
hn A. Parkins,.1r. 59
ichards, Layton & ` er P.A.
One Rodney Square
P.O. Box 551
Wilmington, Delaware 19899
(302) 651-7700
Parl RLFE-2884836-1