Free Answer to Complaint - District Court of Delaware - Delaware

Case 1 :07-cv-00566-JJF Document 8 Filed 1 1/12/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BARBARA CLEVENGER and PAUL )
CLEVENGER, )
) C.A. No. 07-566
Pl ` `ff
V am S’ g NON—ARBITRATION
' ) JURY OF TWELVE DEMANDED
SUSAN M. DONNELLY, M.D., )
LABORATORY CORPORATION OF )
AMERICA, a/k/a LABCORP and LABCORP )
DELAWARE INC., )
)
Defendants. )
ANSWER OF DEFENDANT SUSAN M. DONNELLY, M.D. TO THE COMPLAINT
1. Answering defendants are without sufficient information or knowledge to form a
belief as to the truth of the averments in this paragraph of the Complaint.
2. No answer required of answering defendant.
3. No answer required of answering defendant.
4. Admitted.
5. Any negligence on behalf of answering defendants is denied. Admitted that
answering defendant owed a duty to the plaintiff to the extent defined by the applicable
Delaware law.
6. Admitted to the extent these allegations are consistent with the applicable
medical records. Denied to the extent that these allegations are inconsistent with the applicable
medical records.
7. Admitted to the extent these allegations are consistent with the applicable
medical records. Denied to the extent that these allegations are inconsistent with the applicable
medical records.
1625262/1

J n B in if in [Dociurnent 8 I Filed C1 1l1·2/2(lO7 l ·Page 2 of 4f A l A- nl l if Q
8. Admitted to the extent these allegations are consistent with the applicable
medical records. Denied to the extent that these allegations are inconsistent with the applicable
medical records.
9. Answering defendants are without sufficient infomation or knowledge to form a
belief as to the truth of the averments in this paragraph of the Complaint.
10. Answering defendants are without sufficient information or knowledge to form a
belief as to the truth of the averments in this paragraph of the Complaint.
1 1. Answering defendants are without sufficient information or knowledge to form a
belief as to the truth of the averments in this paragraph of the Complaint.
12. Admitted to the extent these allegations are consistent with the applicable
medical records. Denied to the extent that these allegations are inconsistent with the applicable
medical records.
13. Admitted to the extent these allegations are consistent with the applicable
medical records. Denied to the extent that these allegations are inconsistent with the applicable
medical records.
14. Admitted to the extent these allegations are consistent with the applicable
medical records. Denied to the extent that these allegations are inconsistent with the applicable
medical records.
l 5. Admitted.
COUNT I
16. The answers to paragraphs 1 through 15 are realleged herein and incorporated
by reference.
17. Denied as to answering defendant.
2
1625262/l

if l Case 1 :0,7ecv-OOb66—i1lJF Document 8 1 /1 I Page- of 4. I I I A
(a) — (m) Denied as to answering defendant.
18. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient information or knowledge to form a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
19. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient infonnation or knowledge to form a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
20. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient infonnation or knowledge to form a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
21. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient information or knowledge to form a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
22. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient information or knowledge to form a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
COUNT II
23. The answers to paragraphs l through 22 are realleged herein and incorporated
by reference.
24. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient information or knowledge to fonn a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
3
1625262/l

Case 1 :07-cv-00566-JJF Document 8 Filed 1 1/12/2007 Page 4 of 4
25. Any negligence on behalf of answering defendant is denied. Answering
defendant is without sufficient information or knowledge to fonn a belief as to the truth of the
remaining averments in this paragraph of the Complaint.
CROSS-CLAIM
26. This defendant crossclaims against her codefendants solely for the purpose of
permitting the finder of fact to apportion fault if any fault is found and to permit this answering
defendant to seek contribution, reduction, etc., pursuant to the provision of any joint tortfeasor
release which in the future may be executed by plaintiffs.
DENIAL OF CROSSCLAIM
27. Answering defendant denies all crossclaims that have been asserted against her to date
and also denies any crossclaims that may be asserted against her in the future.
WHEREFORE, this answering defendant demands judgment against plaintiff
together with costs of the action.
MORRIS JA§g ES LLP
Richard Galpe `n ( 90)
Amy A. Quinlan (#3 021)
500 Delaware Avenue, Suite 1500
P.O. Box 2306
Wilmington, DE 19899-2306
(302) 888-6980
Email: rga@erin@m0rrisjames. com
Attorneys for Susan M. Donnelly, M.D.
Dated: lll , 2007
4
1625262/1

Case 1:07-cv-00566-JJF

Document 8

Filed 11/12/2007

Page 1 of 4

Case 1:07-cv-00566-JJF

Document 8

Filed 11/12/2007

Page 2 of 4

Case 1:07-cv-00566-JJF

Document 8

Filed 11/12/2007

Page 3 of 4

Case 1:07-cv-00566-JJF

Document 8

Filed 11/12/2007

Page 4 of 4