Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00509-SLR

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Filed 08/22/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AARON MATTHEW MITCHELL, Plaintiff, v. ST. PAUL FIRE AND CASUALTY INSURANCE COMPANY, Defendant. : : : : : : : : : : :

CIVIL ACTION No. 07-509

DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant, City of Newark, by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted. 6. Defendants have insufficient knowledge to admit or deny the allegations contained in this paragraph of the Complaint. 7. Defendants have insufficient knowledge to admit or deny the allegations contained in this paragraph of the Complaint. To the extent, however, that the allegations contained in this paragraph of the Complaint are meant to imply or state that Plaintiff is entitled from Defendants monies in the amount of the alleged incurred lien by the identified Worker's Compensation Carrier and, such an implication or statement is Denied.

Case 1:07-cv-00509-SLR

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Filed 08/22/2007

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8. Defendant has insufficient knowledge to admit or deny the allegations contained in this paragraph of the Complaint. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE There is/are no allegation(s) as to Defendant in Plaintiff's Complaint. THIRD AFFIRMATIVE DEFENSE The injuries alleged pre-existed the incident alleged in Plaintiff's Complaint or are otherwise not related to the alleged incident. FOURTH AFFIRMATIVE DEFENSE Defendant denies any liability to Plaintiff whatsoever. If found liable, however, Defendants, contend that the accident and any resulting injuries were proximately caused by the negligence of Plaintiff in that he: (a) failed to make a proper lookout; (b) failed to exercise reasonable care for his; (c) failed to act as a reasonably prudent person under the circumstances then existing; (d) failed to exercise proper control of the vehicle; (e) was otherwise negligent. FIFTH AFFIRMATIVE DEFENSE To the extent that the negligence of the Plaintiff is deemed to be 51% or more of the overall cause, recovery is barred. Otherwise, any award in favor of the Plaintiff must be reduced by his pro rata share of negligence.

Case 1:07-cv-00509-SLR

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Filed 08/22/2007

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REQUEST FOR PHYSICAL EXAMINATION Defendant reserves the right to request a physical examination and to submit defense expert reports upon receipt of relevant materials produced by Plaintiff. WHEREFORE, the Defendant seeks dismissal with prejudice with costs assessed against Plaintiff.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

/s/ Daniel A. Griffith
Date: August 22, 2007

DE ID No. 4209

DANIEL A. GRIFFITH, ESQUIRE (No. 4209) JOHN A. MACCONI, ESQUIRE (No. 4430)

1220 North Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 (302) 552-4300 Attorneys for Defendant

Case 1:07-cv-00509-SLR

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Filed 08/22/2007

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CERTIFICATE OF SERVICE I, Daniel A. Griffith, Esquire hereby certify that on the date indicated below a true and correct copy of Defendant's Answer to Plaintiff's Complaint were forwarded to the below named addressee via e-filing and first-class mail: H. Clay Davis, III, Esquire Henry Clay Davis, III, P.A. 303 N. Bedford Street PO Box 744 Georgetown, DE 19947 Attorney for Plaintiff
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

/s/ Daniel A. Griffith
Date: August 22, 2007

DE ID No. 4209

DANIEL A. GRIFFITH, ESQUIRE (No. 4209)

1220 North Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 (302) 552-4300 Email: [email protected] Attorney for Defendant