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 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. Denied Answering Defendant owned or operated the premises. It is admitted it was the

property management for the premises. 9. Answering Defendant is without sufficient knowledge to affirm or deny the averments of

this paragraph.

Case 1:07-cv-00796-JJF 10. 11. Denied.

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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

Case 1:07-cv-00796-JJF 24.

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Answering defendant denies any liability whatsoever. If found liable, however, the

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: February 6, 2008

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CERTIFICATE OF SERVICE I, DAVID L. BAUMBERGER, ESQUIRE, hereby certify that on the 6th day of February, 2008, I have had served electronically a true and correct copy of the attached DEFENDANT'S 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

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE BARBARA GOUDY and EDWARD GOUDY :C.A. No. 07-796 Husband and wife, citizens of the Commonwealth : Of Pennsylvania, : : Plaintiffs, : : v. :TRIAL BY JURY OF TWELVE :DEMANDED GREENVILLE CORPORATE, LLC, a : Limited liability company in the State of : Delaware, : : Defendants. : DEFENDANT'S ANSWER TO FORM 30 INTERROGATORIES 1. Give the name and present or last known residential and employment address and telephone number of each eyewitness to the incident, which is the subject of the litigation. ANSWER: Unknown.

2. Give the name and present or last known residential and employment address and telephone number of each person who has knowledge of the facts relating to the litigation. ANSWER: Responsible personnel at Chrissinger & Baumberger, responsible

personnel at Liberty Mutual Insurance Company and have secondhand knowledge of the facts related to this litigation. Also Tara Sheridan of Greenville Corporate, Frank

McMahon of the UPS Store in Greenville Crossing and Larissa McDonald of the UPS Store in Greenville Crossing. 3. Give the names of all persons who have been interviewed in connection with the above litigation, including the names and present or last known residential and employment addresses and telephone numbers of the persons who made said interviews and the names and

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present or last known residential and employment addresses and telephone numbers of persons who have the original and copies of the interview. ANSWER: Answering Defendant is not certain that any interviews were

conducted. Normally, when an incident or claim is called into Defendant's insurer, the initial conversation is recorded. Those recordings are destroyed in the ordinary course of business once a file is created. If the case manager assigned to the file took a recorded statement of a witness or one or more of the parties, the tape recording will be available for review at the offices of Defense counsel. Please also see response to number 2. McMahon and Ms. McDonald. 4. Identify all photographs, diagrams or other representations made in connection with the matter in litigation, giving the name and present or last known residential and employment address and telephone number of the person having the original and copies thereof. (In lieu thereof, a copy can be attached). ANSWER: fall. 5. Give the name, professional address and telephone number of all expert witnesses presently retained by the party together with the dates of any written opinions prepared by said expert. If an expert is not presently retained, describe by type the experts whom the party expects to retain in connection with the litigation. ANSWER: As of this date, no expert has been employed; however, answering Defendant has four photographs of the general area of the alleged This interrogatory answer will be updated. Ms. Sheridan obtained statements from Mr.

defendant reserves the right to employ any medical providers who has treated the plaintiff.

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6. Give a brief description of any insurance policy, including excess coverage, that is or may be applicable to the litigation, including: (a) The name and address of all companies insuring the risk; (b) The policy number; (c) The type of insurance; (d) The amounts of primary, secondary and excess coverage. ANSWER: (a) Montgomery Mutual Insurance Company (b) 9860135 (c) Commercial General Liability (d) $1,000,000 CHRISSINGER & BAUMBERGER /s/David L. Baumberger David L. Baumberger, #2420 Three Mill Road, Suite 301 Wilmington, DE 19806 (302)777-0100 Attorney for Defendant _________

DATED: February 6, 2008

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CERTIFICATE OF SERVICE I, DAVID L. BAUMBERGER, ESQUIRE, hereby certify that on the 6th day of February, 2008, I have had served electronically a true and correct copy of the attached DEFENDANT'S ANSWERS TO FORM 30 INTERROGATORIES 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

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