Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00796-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE BARBARA GOUDY and EDWARD GOUDY, Husband and wife, citizens of the Commonwealth of Pennsylvania, Plaintiffs, v. GREENVILLE CORPORATE, LLC, a Limited liability company in the State of Delaware, Defendant. : : : : : : : : : : : : : C.A. No. 07-796

TRIAL BY JURY OF TWELVE DEMANDED

DEFENDANT'S AMENDED ANSWER TO COMPLAINT 1. 2. 3. Denied. Not applicable. Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph. 4. Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph. 5. Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph. 6. 7. Admitted. Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph. 8. 9. Admitted. Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph. 10. Denied.

Case 1:07-cv-00796-JJF 11.

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Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph. COUNT I 12. Answering defendant incorporates herein by reference its responses to paragraphs 1

through 11. 13. 14. 15. 16. 17. 18. No response required as this paragraphs calls for a legal conclusion. Denied. Denied. Denied. Denied. Denied. COUNT II 19. Answering defendant incorporates herein by reference its responses to paragraphs 1

through 18. 20. Denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 21. The plaintiffs' complaint fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE 22. Plaintiff failed to mitigate any damages claimed. THIRD AFFIRMATIVE DEFENSE 23. The injuries alleged preexisted the incident alleged in plaintiffs' complaint or are

otherwise not related to the alleged incident. FOURTH AFFIRMATIVE DEFENSE 24. Answering defendant denies any liability whatsoever. If found liable, however, the

Case 1:07-cv-00796-JJF

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answering defendant contends that the accident and any resulting injuries were proximately caused by the negligence of the plaintiff in that she: a. failed to maintain a proper lookout; b. was otherwise negligent. To the extent that the negligence of the plaintiff is greater than the negligence of the defendant, recovery is barred. Otherwise, any award in favor of the plaintiff must be reduced by her pro rata share of liability. WHEREFORE, Answering Defendant demands judgment in their favor and dismissal of plaintiffs' complaint with costs of this action assessed against the plaintiffs. CHRISSINGER & BAUMBERGER /s/David L. Baumberger DAVID L. BAUMBERGER, Esquire (#2420) Three Mill Road, Suite 301 Wilmington, DE 19806 (302) 777-0100 Attorney for Defendant

DATED: March 5, 2008

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CERTIFICATE OF SERVICE I, DAVID L. BAUMBERGER, ESQUIRE, hereby certify that on the 5th day of March, 2008, I have had served electronically a true and correct copy of the attached DEFENDANT'S AMENDED ANSWER TO COMPLAINT to the following:

Christopher J. Curtin, Esquire MacElree Harvey, Ltd. 5721 Kennett Pike Centreville, DE 19807

CHRISSINGER & BAUMBERGER /s/David L. Baumberger David L. Baumberger, Esquire (#2420) Three Mill Road, Suite 301 Wilmington, DE 19806 (302)777-0100 Attorney for Defendant