Free Answer to Complaint - District Court of Delaware - Delaware

I Case 1 :07-cv-00478—I\/I PT Document 5 Filed 10/12/2007 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
CHRISTINA M. KROKOS, :
JAMES K. KROKOS, husband and wife :
individually and collectively as the next : `
friend and parents of K.I.K., a minor, :
Plaintiff, n
v. Civil Action No. 07-478-***
UNITED STATES OF AMERICA, I I
Defendant.
I ANSWER I
COMES NOW, the United States of America ("Defendant"), by its attorneys, Colm F.
Connolly, United States Attorney for the District of Delaware, and Patricia C. Hannigan, ‘ 2
Assistant United States Attorney, and in response to each numbered paragraph of the Plaintiffs’
Complaint state as follows:
THE PARTIES
l. Admitted, on information and belief
2. Admitted.
3. Admitted, on information and belief
JURISDICTION AND VENUE
4. The United States admits that Plaintiffs have brought this action pursuant to the
Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b); 2671 -2680. Plaintiffs’ assertion that e
the Court has jurisdiction is not an averment of fact to which an answer is required, but is a
matter of law to be determined by the Court.

Case 1 :07-cv-00478—I\/I PT Document 5 Filed 10/12/2007 Page 2 of 4 _
5. The United States admits that Plaintiffs presented administrative claims to the
. United States Air Force pursuant to the FTCA on August 17, 2006, and that the United States Air
Force had not taken final administrative action on the claim on the date this lawsuit was filed.
I 6. Admitted. _ A
7. O The allegation contained in paragraph 7 of the Complaint is not an averment of
fact to which an answer is required, but an assertion of law, to be detennined by the Court. -
COUNT I
_ 8. Admitted. _
9. Admitted.
_ 10. Admitted. Y
l l. Denied. -
12. Denied. l
The final unnumbered paragraph in Count I of the Complaint is not an averment of fact to
which an answer is required, but is Plaintiffs’ prayer for relief
COUNT II p
13 Defendant incorporates by reference the responses contained in paragraphs 1
through 12, supra, as though fully set forth herein.
14. Admitted. .
15. Admitted. ·
` 16. Denied. _
17. Denied.

Case 1 :07-cv-00478—I\/I PT I Document 5 Filed 10/12/2007 Page 3 of 4
- The final unnunrbered paragraph in Count H of the Complaint is not an avennent of fact
to which an answer is required, but is Plaintiffs’ prayer for relief.
COUNT HI
i 18. Defendant incorporates by reference the responses contained in paragraphs 1
through 17, supra, as though fully set forth herein.
19. I Denied.
The final unnurnbered paragraph in Count H of the Complaint is not an averrnent of fact
to which an answer is required, but is Plaintiffs’ prayer for reliefi
FIRST AFFIRMATIVE DEFENSE 1
The United States affirmatively pleads and would show that the injuries and damages
alleged in the Complaint were not proximately caused or contributed to by a negligent or
wrongful actor omission of an employee of the United States.
SECOND AFFIRMATIVE DEFENSE
` In the event the United States is found to have been negligent, which negligence the _ g
United States denies, then any damages awarded the plaintiffs must be reduced by the percentage i
of fault this Court determines to be attributable to anyone other than the United States, including
but not limited to any and all right to credit, offset, and/or contribution which the United States
may have under applicable Delaware law.
THIRD AFFIRMATIVE DEFENSE
In the event any damages are awarded to the plaintiffs, the United States is entitled to an i
offset or credit for any benefits paid or to be paid to the plaintiffs by the United States.
-3-

Case 1 :07-cv-00478—I\/I PT Document 5 Filed 10/12/2007 Page 4 of 4
FOURTH AFFIRMATIVE DEFENSE I
The United States affirmatively pleads and would show that in the event the plaintiffs
establish any basis for recovery against the United States, the recoverable damages may not
exceed the amount claimed administratively.
WHEREFORE, Defendant, United States, respectfully requests that judgment be entered
in its favor and against Plaintiffs, together with costs and disbursements and such other and
further relief as the Court may deem just and proper.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
By: /s/Patricia C. Hannigan l · r
Patricia C. Hannigan
Assistant U.S. Attorney
~ The Nemours Building
1007 Orange Street, Suite 700
Wilmington, DE 19801
(302) 573-6277 A
Dated: October l2, 2007 ‘
-4-