Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00557-GIVIS Document 15 Filed 11/O1/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RUSSELL L. S1LICATO,i11dividtzally, and : C.A. No.: “l:O7—cv~O0557
KATHERINE L. SILICATO, individually, :
Plaintiffs,
TIMOTHY RYAN RICHARDSON,
individually, and :
CHARLES A. KLEIN & SONS INC., :
a Foreign Corporation, :
Defendants.
l)EFEN})ANTS' ANSWER TO COMPLAINT
I. Admitted that citizenship of the parties is diverse. Denied that the amount in
controversy exceeds Seventy Five Thousand Dollars.
2. Admitted.
3. Admitted.
4. Defendants are without suftieient inforrnation or knowledge to determine the
truth of this averment.
5. Defendants are without sufticient information or knowledge to determine the
truth of this averment.
6. Admitted.
7.. Admitted.
8. Denied as stated.
COUNT I
9.. Defendants hereby incorporate their answers set forth in paragraphs I
through 8 as if set forth fuily herein.

Case 1:07-cv-00557-Gl\/IS Document 15 Filed 11/O1/2007 Page 2 of 3
10. Upon information and belief, admitted.
Il. Denied as stated.
E2. Denied.
13. Denied.
14. Denied.
15. Denied.
I6. Denied.
37. Denied.
18. Denied.
COUNT II
E9. Detendants hereby incorporate their answers set forth in paragrapiis i
through E8 as if set fottli fully herein.
2G` Denied.
21. Denied.
.22. Denied.
2.3. Denied.
24. Denied.
WHEREFORIE., defendants demand judgment in their favor and disinissai of
plaintiffs Complaint with costs oftliis action assessed against the plaintiffs.
{HRST AFFIRMATIVE DEFENSE
Plaintiffs fail te state a eiaini for punitive damages upon which relief can be
granted.

Case 1:07-cv-00557-Gl\/IS Document 15 Filed 11/O1/2007 Page 3 of 3
SECOND AFFIRMATIVE DEFENSE
Plaintiffs fail to state a claim for attorneys fees upon which relief can be granted.
THIRD AFFIREVIATIVE DEFENSE
The accident and any resulting injuries were proximately caused by the
negligence of plaintiff Russell L. Silicato in that he failed to maintain proper control of
his vehicle and, therefore, plaintiffs are barred hom making a recovery,
WHEREFORE, defendants demand judgment in their favor and dismissal of
plaintiffs Complaint with costs of this action assessed against the plaintiffs.
BIFFERMATO GENTILOTTI LLC
fsf Maria .l. Poehner
MARIA J. POIEIJNER, Esquire (3213)
800 N, King Street
PO. Box 2165
Wilmington, DE 19899-2365
(302) 429-1900
Attorney for Defendants
Date: ll/l/07

Case 1:07-cv-00557-GMS

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