Free Answer to Third Party Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-00597-MRK

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UNITED STATE DISTRICT COURT DISTRICT OF CONNECTICUT

__________________________________________ BILL L. GOUVEIA AS ADMINISTRATOR : OF THE ESTATE OF JOSE GUERRA : : : v. : : SIG SIMONAZZI NORTH AMERICA, INC. : AS SUCCESSOR IN INTEREST BY MERGER : TO SASIB NORTH AMERICA, INC., AS : SUCCESSOR IN INTEREST BY MERGER TO : SASIB BAKERY NORTH AMERICA, INC. : __________________________________________: SIG SIMONAZZI NORTH AMERICA, INC. : : v. : : SASIB FOOD MACHINERY MV, S.P.A., : SASIB BAKERY ITALIA, S.P.A., : DRY PRODUCTS, S.P.A., AND : COMPAGNIE INDUSTRIALI RIUNITE : __________________________________________:

Civil Action No. 303 CV 597 MRK

ANSWER TO THE THIRD PARTY COMPLAINT

May 14, 2004

SASIB FOOD MACHINERY MV, S.P.A., SASIB BAKERY ITALIA, S.P.A., DRY PRODUCTS, S.P.A., AND COMPAGNIE INDUSTRIALI RIUNITE through their undersigned attorneys in answer to the Third-Party Complaint state as follows: 1. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 1 of the Third-Party Complaint. 2. Deny the allegations in paragraph 2 of the Third-Party Complaint except that deny

knowledge and information sufficient to form a belief as to what caused injury to plaintiff. 3. Deny the allegations in paragraph 3 of the Third-Party Complaint.

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4. 5. 6.

Deny the allegations in paragraph 4 of the Third-Party Complaint. Deny the allegations in paragraph 5 of the Third-Party Complaint. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 6 of the Third-Party Complaint. 7. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 7 of the Third-Party Complaint. 8. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 8 of the Third-Party Complaint. 9. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 9 of the Third-Party Complaint. 10. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 10 of the Third-Party Complaint. 11. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 11 of the Third-Party Complaint. 12. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 12 of the Third-Party Complaint and respectfully refer the court to the Complaint in the main action for the language and import thereof. 13. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 13 of the Third-Party Complaint and respectfully refer the court to the Complaint in the main action for the language and import thereof. 14. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 14 of the Third-Party Complaint and respectfully refer the court to the Complaint in the main action for the language and import thereof.

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15.

Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 15 of the Third-Party Complaint and respectfully refer the court to the Complaint in the main action for the language and import thereof. 16. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 16 of the Third-Party Complaint and respectfully refer the court to the Complaint in the main action for the language and import thereof. 17. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 17 of the Third-Party Complaint and respectfully refer the court to the Complaint in the main action for the language and import thereof.

FIRST COUNT AS TO SASIB FOOD 18. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 18 of the Third-Party Complaint. 19. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 19 of the Third-Party Complaint. 20. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 20 of the Third-Party Complaint. 21. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 21 of the Third-Party Complaint. 22. 23. 24. Deny the allegations in paragraph 22 of the Third-Party Complaint. Deny the allegations in paragraph 23 of the Third-Party Complaint. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 24 of the Third-Party Complaint.

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25.

Deny the allegations in paragraph 25 of the Third-Party Complaint.

SECOND COUNT AS TO SASIB FOOD 26. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 26 of the Third-Party Complaint. 27. 28. 29. Deny the allegations in paragraph 27 of the Third-Party Complaint. Deny the allegations in paragraph 28 of the Third-Party Complaint. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 29 of the Third-Party Complaint. 30. Deny the allegations in paragraph 30 of the Third-Party Complaint.

THIRD COUNT AS TO SASIB BAKERY 31. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 31 of the Third-Party Complaint. 32. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 32 of the Third-Party Complaint. 33. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 33 of the Third-Party Complaint. 34. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 34 of the Third-Party Complaint. 35. 36. Deny the allegations in paragraph 35 of the Third-Party Complaint. Deny the allegations in paragraph 36 of the Third-Party Complaint.

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37.

Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 37 of the Third-Party Complaint. 38. Deny the allegations in paragraph 38 of the Third-Party Complaint.

FOURTH COUNT AS TO SASIB BAKERY 39. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 39 of the Third-Party Complaint. 40. 41. 42. Deny the allegations in paragraph 40 of the Third-Party Complaint. Deny the allegations in paragraph 41 of the Third-Party Complaint. Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 42 of the Third-Party Complaint. 43. Deny the allegations in paragraph 43 of the Third-Party Complaint.

FIFTH COUNT AS TO DRY PRODUCTS 44. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 44 of the Third-Party Complaint. 45. 46. 47. 48. 49. 50. 51. Deny the allegations in paragraph 45 of the Third-Party Complaint. Deny the allegations in paragraph 46 of the Third-Party Complaint. Deny the allegations in paragraph 47 of the Third-Party Complaint. Deny the allegations in paragraph 48 of the Third-Party Complaint. Deny the allegations in paragraph 49 of the Third-Party Complaint. Deny the allegations in paragraph 50 of the Third-Party Complaint. Deny the allegations in paragraph 51 of the Third-Party Complaint.

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SIXTH COUNT AS TO DRY PRODUCTS 52. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 52 of the Third-Party Complaint. 53. 54. 55. 56. Deny the allegations in paragraph 53 of the Third-Party Complaint. Deny the allegations in paragraph 54 of the Third-Party Complaint. Deny the allegations in paragraph 55 of the Third-Party Complaint. Deny the allegations in paragraph 56 of the Third-Party Complaint.

SEVENTH COUNT AS TO DRY PRODUCTS 57. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 57 of the Third-Party Complaint. 58. Deny the allegations in paragraph 58 of the Third-Party Complaint.

EIGHTH COUNT AS TO CIR 59. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 59 of the Third-Party Complaint. 60. 61. 62. 63. 64. Deny the allegations in paragraph 60 of the Third-Party Complaint. Deny the allegations in paragraph 61 of the Third-Party Complaint. Deny the allegations in paragraph 62 of the Third-Party Complaint. Deny the allegations in paragraph 63 of the Third-Party Complaint. Deny the allegations in paragraph 64 of the Third-Party Complaint.

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65.

Deny knowledge and information sufficient to form a belief as to the allegations in

paragraph 65 of the Third-Party Complaint. 66. Deny the allegations in paragraph 66 of the Third-Party Complaint.

NINTH COUNT AS TO CIR 67. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 67 of the Third-Party Complaint. 68. 69. 70. 71. Deny the allegations in paragraph 68 of the Third-Party Complaint. Deny the allegations in paragraph 69 of the Third-Party Complaint. Deny the allegations in paragraph 70 of the Third-Party Complaint. Deny the allegations in paragraph 71 of the Third-Party Complaint.

TENTH COUNT AS TO CIR 72. Repeat and re-allege the answers set forth above in response to the allegations in

paragraph 72 of the Third-Party Complaint. 73. Deny the allegations in paragraph 73 of the Third-Party Complaint.

FIRST AFFIRMATIVE DEFENSE The compliant fails to state a cause of action.

SECOND AFFIRMATIVE DEFENSE Failure to join a necessary party.

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THIRD AFFIRMATIVE DEFENSE The court lacks personal jurisdiction over the third-party defendants.

FOURTH AFFIRMATIVE DEFENSE Upon information belief, the injuries to the plaintiff were caused in whole or in part by the plaintiff's own negligence and that the damage award to which plaintiff may be entitled should be reduced to the extent of plaintiff's culpable conduct having contributed thereto. WHEREFORE, the Third-Party Defendants demand that the Third-Party Complaint be dismissed with costs and fees and that the Court grant such other and further relief as it deems just and proper. Dated: New York, New York May , 2004 THIRD-PARTY DEFENDANTS, SASIB FOOD MACHINERY MV, S.P.A., SASIB BAKERY ITALIA, S.P.A., DRY PRODUCTS, S.P.A. and COMPAGNIE INDUSTRIALI RIUNITE, S.P.A. Deborah S. Russo (ct 18818) DAY BERRY & HOWARD LLP CityPlace I Hartford, CT 06103-3499 (860) 275-0100 (860) 275-0343 (fax) [email protected] By: _________________________________ John R. Horan, Esq. FOX HORAN & CAMERINI LLP Connecticut Federal Bar Number: JRH-8238 Jonathan Mazer, Esq. (not admitted in CT) 825 Third Avenue New York, New York 10022 (212) 480-4800 Its Attorneys

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CERTIFICATION THIS IS TO CERTIFY that on this date, a copy of the foregoing was mailed first class, postage prepaid, to all counsel and pro se parties of record, as follows:

Bill L. Gouveia 44 Lyons Terrace Brdigeport, CT 06604 Richard J. Sullivan, Esq. Sullivan & Sullivan 31 Washington Street Wellesley, MA 02481 Mark R. Giuliani, Esq. Kern & Wooley 280 Trumbull Street Hartford, CT 061103

Brian D. Rich, Esq. Christopher J. Lynch, Esq. Joseph G. Fortner, Jr., Esq. Patrick M. Birney, Esq. Halloran & Sage One Goodwin Square 225 Asylum Street Hartford, CT 06103

___________________________________ John R. Horan

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