Free Answer to Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: ASBESTOS LITIGATION: FREDERICK SEITZ and MARY LOUISE SEITZ, his wife, Plaintiffs, -vs. ADEL WIGGINS GROUP, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 08-CV-00351 GMS Case No. 08-CV-00353 GMS

ANSWER OF DEFENDANT PARKER HANNIFIN CORPORATION Defendant Parker Hannifin Corporation ("Parker") by its attorneys, McCarter & English, LLP, by way of answer to the Complaint herein says: Defendant Parker Hannifin Corporation (hereinafter, "Parker Hannifin"), by and through its attorneys, hereby answers Plaintiffs' Complaint: 1. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 1 of the Complaint, and they are therefore denied. 2. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 2 of the Complaint, and they are therefore denied. 3. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 3 of the Complaint, and they are therefore denied.

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4.

Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 4 of the Complaint, and they are therefore denied. 5. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 5 of the Complaint, and they are therefore denied. 6. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 6 of the Complaint, and they are therefore denied. 7. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 7 of the Complaint, and they are therefore denied. 8. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 8 of the Complaint, and they are therefore denied. 9. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 9 of the Complaint, and they are therefore denied. 10. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 10 of the Complaint, and they are therefore denied.

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11.

Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 11 of the Complaint, and they are therefore denied. 12. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 12 of the Complaint, and they are therefore denied. 13. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 13 of the Complaint, and they are therefore denied. 14. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 14 of the Complaint, and they are therefore denied. 15. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 15 of the Complaint, and they are therefore denied. 16. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 16 of the Complaint, and they are therefore denied. 17. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 17 of the Complaint, and they are therefore denied.

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18.

Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 18 of the Complaint, and they are therefore denied. 19. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 19 of the Complaint, and they are therefore denied. 20. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 20 of the Complaint, and they are therefore denied. 21. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 21 of the Complaint, and they are therefore denied. 22. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 22 of the Complaint, and they are therefore denied. 23. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 23 of the Complaint, and they are therefore denied. 24. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 24 of the Complaint, and they are therefore denied.

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25.

Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 25 of the Complaint, and they are therefore denied. 26. 27. Admitted. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 27 of the Complaint, and they are therefore denied. 28. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 28 of the Complaint, and they are therefore denied. 29. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 29 of the Complaint, and they are therefore denied. 30. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 30 of the Complaint, and they are therefore denied. 31. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 31 of the Complaint, and they are therefore denied. 32. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 32 of the Complaint, and they are therefore denied.

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33.

Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 33 of the Complaint, and they are therefore denied. 34. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 34 of the Complaint, and they are therefore denied. 35. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 35 of the Complaint, and they are therefore denied. 36. The allegations in Paragraph 36 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 36 of the Complaint, and they are therefore denied. 37(a-c). The allegations in Paragraph 37 of the Complaint are denied to the extent they are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 37 of the Complaint, and they are therefore denied. 38. The allegations in Paragraph 38 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a

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belief as to the truth of the averments contained in Paragraph 38 of the Complaint, and they are therefore denied. 39. The allegations in Paragraph 39 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 39 of the Complaint, and they are therefore denied. 40. The allegations in Paragraph 40 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 40 of the Complaint, and they are therefore denied. 41. Parker Hannifin is without knowledge and information sufficient to form a

belief as to the truth of the averments contained in Paragraph 41 of the Complaint, and they are therefore denied. COUNT I - NEGLIGENCE 42. Parker Hannifin incorporates its responses to Paragraphs 1 through 41 of the

Complaint as if fully set forth herein. Paragraph 42 of the Complaint states a legal conclusion and, therefore, no response as to the applicable law is required. 43. The allegations in Paragraph 43 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a

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belief as to the truth of the averments contained in Paragraph 43 of the Complaint, and they are therefore denied. 44. The allegations in Paragraph 44 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 44 of the Complaint, and they are therefore denied. 45(a-g). The allegations in Paragraph 45 of the Complaint are denied to the extent they are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 45 of the Complaint, and they are therefore denied. 46. The allegations in Paragraph 46 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 46 of the Complaint, and they are therefore denied. COUNT II - WILLFUL, WANTON AND RECKLESS CONDUCT 47. Parker Hannifin incorporates its responses to Paragraphs 1 through 46 of the

Complaint as if fully set forth herein. Paragraph 47 of the Complaint states a legal conclusion and, therefore, no response as to the applicable law is required. 48. The allegations in Paragraph 48 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other

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than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 48 of the Complaint, and they are therefore denied. 49(a-i). The allegations in Paragraph 49 of the Complaint are denied to the extent they are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 49 of the Complaint, and they are therefore denied. 50. The allegations in Paragraph 50 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 50 of the Complaint, and they are therefore denied. 51. The allegations in Paragraph 51 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 51 of the Complaint, and they are therefore denied. COUNT III - STRICT PRODUCT LIABILITY 52. Parker Hannifin incorporates its responses to Paragraphs 1 through 51 of the

Complaint as if fully set forth herein. Paragraph 52 of the Complaint states a legal conclusion and, therefore, no response as to the applicable law is required.

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53.

The allegations in Paragraph 53 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 53 of the Complaint, and they are therefore denied. 54. The allegations in Paragraph 54 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 54 of the Complaint, and they are therefore denied. 55. The allegations in Paragraph 55 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a belief as to the truth of the averments contained in Paragraph 55 of the Complaint, and they are therefore denied. COUNT IV - LOSS OF CONSORTIUM 56. Parker Hannifin incorporates its responses to Paragraphs 1 through 55 of the

Complaint as if fully set forth herein. Paragraph 56 of the Complaint states a legal conclusion and, therefore, no response as to the applicable law is required. 57. The allegations in Paragraph 57 of the Complaint are denied to the extent they

are directed at Parker Hannifin. To the extent the allegations are directed at Defendants other than Parker Hannifin, Parker Hannifin is without knowledge and information sufficient to form a

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belief as to the truth of the averments contained in Paragraph 57 of the Complaint, and they are therefore denied. WHEREFORE, Defendant Parker Hannifin Corporation demands judgment in its favor and against Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. FIRST AFFIRMATIVE DEFENSE 58. Plaintiffs lack the requisite capacity, standing and authority to bring this Action. SECOND AFFIRMATIVE DEFENSE 59. Plaintiffs' Complaint fails to state a claim against Parker Hannifin upon which

relief may be granted. THIRD AFFIRMATIVE DEFENSE 60. Plaintiffs' causes of action are barred by the applicable statute of limitations. FOURTH AFFIRMATIVE DEFENSE 61. Plaintiffs' causes of action are barred by the applicable statute of repose. FIFTH AFFIRMATIVE DEFENSE 62. Plaintiffs are barred from recovery in this Action on the basis of Plaintiffs'

comparative and/or contributory negligence. SIXTH AFFIRMATIVE DEFENSE 63. Plaintiffs are barred from recovery in this Action on the basis of Plaintiffs'

assumption of the risk. SEVENTH AFFIRMATIVE DEFENSE 64. conveniens. Plaintiffs are barred from recovery in this Action by the doctrine of forum non

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EIGHTH AFFIRMATIVE DEFENSE 65. Plaintiffs are barred from recovery in this Action under the principles of the

applicable Worker's Compensation statute. NINTH AFFIRMATIVE DEFENSE 66. Plaintiffs are barred from recovery in this Action where Parker Hannifin did not

and/or could not have known of the dangerous propensities of the materials, if any, which allegedly caused injuries to the Plaintiffs. TENTH AFFIRMATIVE DEFENSE 67. Plaintiffs are barred from recovery to the extent they failed to join an

indispensable party, in whose absence complete relief cannot be accorded and whose absence impedes the ability of Parker Hannifin to protect its interests. ELEVENTH AFFIRMATIVE DEFENSE 68. Plaintiffs are barred, in whole or in part, from recovering damages to the extent

Plaintiffs have released, settled, entered into accords and satisfaction or otherwise compromised her claims or causes of action. TWELFTH AFFIRMATIVE DEFENSE 69. Plaintiffs are barred, in whole or in part, from recovering damages where the

Plaintiffs' injuries were caused by an intervening, superseding cause. THIRTEENTH AFFIRMATIVE DEFENSE 70. Plaintiffs are barred, in whole or in part, from recovering damages where

Plaintiffs' injuries were caused by third persons who are not parties to this Action and for whom Parker Hannifin are not responsible.

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FOURTEENTH AFFIRMATIVE DEFENSE 71. Plaintiffs are barred, in whole or in part, from recovering damages where his co-

workers and employers misused, abused, mistreated and misapplied the product designated as asbestos material as alleged in the Complaint. In the event the Court finds - after the trial - that any misuse, abuse, mistreatment or misapplication of said product caused or contributed to the alleged damages or injuries to Plaintiffs, Parker Hannifin requests that the amount of damages, which might be recoverable, be diminished in proportion to the misuse, abuse, mistreatment or misapplication attributed to Plaintiffs, Plaintiffs' co-workers and employers bears to the conduct which caused the alleged damages or injuries. FIFTEENTH AFFIRMATIVE DEFENSE 72. Plaintiffs are barred, in whole or in part, from recovering damages where Parker

Hannifin did not owe a legal duty to Plaintiffs and, therefore, did not commit a breach of any duty of care. SIXTEENTH AFFIRMATIVE DEFENSE 73. Plaintiffs are barred, in whole or in part, from recovering damages where

Plaintiffs seek to apply retroactive liability to Parker Hannifin in violation of the Due Process Clause of the United States and Delaware Constitutions. SEVENTEENTH AFFIRMATIVE DEFENSE 74. Plaintiffs are barred, in whole or in part, from recovering damages by the doctrine

of laches, estoppel and waiver. EIGHTEENTH AFFIRMATIVE DEFENSE 75. Plaintiffs are barred, in whole or in part, from recovering damages where

Plaintiffs failed to mitigate her damages.

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NINETEENTH AFFIRMATIVE DEFENSE 76. Plaintiffs have failed to plead her allegations of negligence, fraud and conspiracy

with particularity pursuant to Delaware Superior Court Civil Rule 9. TWENTIETH AFFIRMATIVE DEFENSE 77. Plaintiffs have failed to set forth any facts which show any casual relationship

between the conduct of any Defendant, including Parker Hannifin as alleged in any "cause of action" set forth in the Complaint. Moreover, any cause of action, if it existed, was not known, knowable or foreseeable. TWENTY-FIRST AFFIRMATIVE DEFENSE 78. Plaintiffs have failed to set forth a cause of action - Claim III Strict Liability -

recognized in tort by the State of Delaware. TWENTY-SECOND AFFIRMATIVE DEFENSE 79. Plaintiffs have failed to specify any willful or wanton conduct on the part of

Parker Hannifin and, therefore, all claims for the recovery of punitive damages must be stricken. TWENTY-THIRD AFFIRMATIVE DEFENSE 80. Plaintiffs were not exposed to any product containing asbestos that was

manufactured, distributed or sold by Parker Hannifin. TWENTY-FOURTH AFFIRMATIVE DEFENSE 81. Parker Hannifin did not supply to Plaintiff's employers the products alleged to

have caused the damages, injuries and losses about which the Complaint is made. TWENTY-FIFTH AFFIRMATIVE DEFENSE 82. Parker Hannifin complied with all federal, state and/or other regulations.

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TWENTY-SIXTH AFFIRMATIVE DEFENSE 83. Parker Hannifin is immune from liability for any conduct performed in

conformance with federal and/or state government specifications. TWENTY-SEVENTH AFFIRMATIVE DEFENSE 84. Parker Hannifin is immune from liability for any conduct performed in

conformance with the specifications mandated by the entity or entities that employed Plaintiff. TWENTY-EIGHTH AFFIRMATIVE DEFENSE 85. Plaintiffs' alleged damages are limited by the applicable statutory ceilings on

recoverable damages. TWENTY-NINTH AFFIRMATIVE DEFENSE 86. Punitive or exemplary damages are not recoverable under Plaintiffs' alleged

causes of action. THIRTIETH AFFIRMATIVE DEFENSE 87. Plaintiffs' claims for punitive damages are barred by the "double jeopardy" clause

of the Fifth Amendment, the Eight Amendment and Due Process Clause of the Fourteenth Amendment to the Constitution of the United States of America. THIRTY-FIRST AFFIRMATIVE DEFENSE 88. Plaintiffs are not entitled to recover punitive damages based on the allegations set

forth in the Complaint. Parker Hannifin further states that the imposition of punitive damages violates the provisions of the Due Process Clause, Equal Protection Clause, Excess Fines Clause, Double Jeopardy Clause, and other clauses contained in the Constitution of the United States, Delaware and other states. Further, the correct burden of proof for the imposition of punitive damages is by "clear and convincing evidence" or "beyond a reasonable doubt." Any lesser

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standard violates the provisions of the Due Process Clause of the Constitution of the United States, Delaware and other states. THIRTY-SECOND AFFIRMATIVE DEFENSE 89. Prejudgment interest and attorneys' fees are not recoverable under Plaintiffs'

causes of action. THIRTY-THIRD AFFIRMATIVE DEFENSE 90. If Plaintiffs settle their claim against any Defendant in this Action before

judgment is rendered, then Parker Hannifin is entitled to a setoff or credit against any judgment in Plaintiff's favor. THIRTY-FOURTH AFFIRMATIVE DEFENSE 91. All defenses which have been or will be asserted by any co-Defendants in this

Action are adopted and incorporated by reference as if fully set forth at length herein as defenses to the Complaint. THIRTY-FIFTH AFFIRMATIVE DEFENSE 92. Parker Hannifin reserves the right to amend this Answer and to assert additional

defenses or to supplement, alter or change this Answer and to assert additional cross-claims or counterclaims upon ascertaining more definite facts during and upon completion of discovery and investigation. GENERAL DEFENSE 93. Parker Hannifin, to the extent applicable, adopts and incorporates herein by

reference to each and every affirmative defense to Plaintiff's complaint invoked by any other defendant, that is not specifically enumerated herein and which is not otherwise inconsistent with

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the defenses asserted herein and further reserves the right to assert any defense as may be divulged through discovery in this case. CROSS CLAIM FOR CONTRIBUTION 94. While Parker Hannifin denies liability, it avers, alternatively, that should it be

found liable, it is entitled to contribution from each co-Defendant for any amount which it may be required to pay to Plaintiffs, and is entitled to have the relative degrees of fault. CROSS CLAIM FOR INDEMNIFICATION 95. Parker Hannifin denies liability to the Plaintiffs, but should liability be found,

Parker Hannifin contends that its co-Defendants are primarily liable to the Plaintiffs while it is only secondarily liable. Thus, Parker Hannifin is entitled to common law and/or contractual indemnification. ANSWER TO ALL PAST, PRESENT AND/OR FUTURE CROSS CLAIMS 96. it. MCCARTER & ENGLISH, LLP Parker Hannifin denies all past, present and/or future cross claims asserted against

By:

/s/ Noriss E. Cosgrove________________ David A. White (Del. Bar ID #2644) Noriss E. Cosgrove (Del. Bar ID #4238) Renaissance Center 405 North King Street, 8th Floor Wilmington, DE 19801 (302) 984-6300 [email protected] [email protected] Attorneys for Parker Hannifin Corporation

Dated : July 21, 2008

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