Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00140-GMS

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Filed 06/06/2006

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE CESAR AYLLON-FLORES, Plaintiff, v. PETER D. STANLEY and NANCY R. STANLEY, Defendants. ) ) C. A. NO.: 1-06-cv-140 ) ) ) ) ) ) ) ) ANSWER 1. 2. 3. 4. 5. reference. 6. Admitted that on or about July 15, 2005, the Plaintiff, Cesar Ayllon-Flores, No response required. Admitted upon information and belief. Responses to paragraphs one and two are hereby incorporated by reference. Without sufficient information to admit or deny. Responses to paragraphs one through four are hereby incorporated by

working as an independent contractor, met Defendant, Peter Stanley, at a job site in Hockessin, Delaware and assisted in a paving job. 7. 8. reference. 9. 10. 11. reference. Denied in its entirety including subparts a through g. Admitted upon information and belief. . Responses to paragraphs one though ten are hereby incorporated by Denied. Responses to paragraphs one through seven are hereby incorporated by

Case 1:06-cv-00140-GMS

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12. 13. 14. 15. 16. 17. 18. reference. 19. 20. 21. 22. 23. 24.

Admitted upon information and belief. Admitted upon information and belief Denied. Denied. Denied. Denied. Responses to paragraphs one through seventeen are hereby incorporated by

Without sufficient information to admit or deny. Without sufficient information to admit or deny. Without sufficient information to admit or deny. Without sufficient information to admit or deny. Without sufficient information to admit or deny. Without sufficient information to admit or deny. FIRST AFFIRMATIVE DEFENSE

25.

Plaintiff's Complaint fails to state a claim upon which relief may be granted

against Answering Defendants. SECOND AFFIRMATIVE DEFENSE 26. Damages and losses, if any, sustained by the Plaintiff, were caused soley

or in part by the negligence of the Plaintiff which contributory or comparative negligence bars or limits Plaintiff's recovery. THIRD AFFIRMATIVE DEFENSE 27. Answering Defendants never breached any duty owed to Plaintiff, if any

existed, and never failed to maintain any standards, obligations or responsibility in so far as any duty to do so ever existed.

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FORTH AFFIRMATIVE DEFENSE 28. The injured Plaintiff failed to keep a proper lookout. FIFTH AFFIRMATIVE DEFENSE 29. To the extent that Plaintiff's negligence is determined to be greater than

fifty percent of the total percentage of fault, then that negligence bars any recovery. In the event that Plaintiff's negligence is fifty percent or less, the recovery must be reduced by the percentage of fault attributed to the Plaintiff. WHEREFORE, Answering Defendants, hereby demand that Plaintiff's Complaint against them be dismissed and that judgment be entered in their favor and against the Plaintiff with an award of costs.

_/s/ Stacey L. Bonvetti Stacey L. Bonvetti, Esquire (I.D. #4074) Christiana Executive Campus 131 Continental Drive, Suite 407 Newark, DE 19713-4301 (302) 292-6660 [email protected] Attorney for Defendants Date: June 6, 2006

Case 1:06-cv-00140-GMS

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Filed 06/06/2006

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CERTIFICATION OF SERVICE I, Stacey L. Bonvetti, Esquire, hereby certify that a true and correct copy or copies of the foregoing document(s): Answer were electronically transmitted on June 6, 2006, to: Arthur M. Krawitz, Esquire Matthew R. Fogg, Esquire Doroshow, Pasquale, Krawitz & Bhaya 1202 Kirkwood Highway Wilmington, DE 19805 Attorneys for Plaintiff

_/s/ Stacey L. Bonvetti Stacey L. Bonvetti, Esquire (I.D. #4074) Christiana Executive Campus 131 Continental Drive, Suite 407 Newark, DE 19713-4301 (302) 292-6660 [email protected] Attorney for Defendants
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