Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00468-GMS

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Filed 08/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Ronesha Davidson, as Administrator of the Estate of Ronald Peoples Plaintiff, v. Harrington Raceway, Inc. a Delaware Corporation, d/b/a/ Midway Slots and Simulcast, a Delaware Corporation and Gaming Entertainment (Delaware), L.L.C., a Delaware Limited Liability Company Defendants. : : : : : : : : : : : : : : : :

C.A. No. 05-CV-00468-UNA TRIAL BY JURY DEMANDED

THIRD-PARTY DEFENDANT GAMING ENTERTAINMENT'S ANSWER TO PLAINTIFF'S COMPLAINT NOW COMES, Third-Party Defendant, Gaming Entertainment, L.L.C., which hereby answers the complaint as follows: 1. Answering Defendant is without knowledge or information sufficient to form a

belief as to the truth of the averments contained in this paragraph. 2. Answering Defendant is without knowledge or information sufficient to form a

belief as to the truth of the averments contained in this paragraph. 3. Answering Defendant is without knowledge or information sufficient to form a

belief as to the truth of the averments contained in this paragraph. 4. 5. Denied. Admitted.

Case 1:05-cv-00468-GMS

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6.

Answering Defendant is without knowledge or information sufficient to form a

belief as to the truth of the averments contained in this paragraph. 7. 8. 9. 10. Denied. Admitted. Denied as to Defendant Harrington Raceway. Answering Defendant is without knowledge or information sufficient to form a

belief as to the truth of the averments contained in this paragraph. 11. 12. 13. Denied. Denied. Denied. CAUSE OF ACTION NEGLIGENCE 14. 15. 16. 17. Paragraphs 1-13 of Defendant's answer are hereby restated. (a)- (i) Denied. Denied. Denied as directed to answering Defendant. RECKLESSNESS 18. 19. 20. 21. Paragraphs 1-17 of Defendant's answer are hereby restated. Denied. Denied. Denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE

Case 1:05-cv-00468-GMS

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Plaintiff failed to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE The damages as a whole, if any, were caused in whole or part by the acts or omissions of third parties, both named and unnamed, for whose conduct Defendants are not responsible. THIRD AFFIRMATIVE DEFENSE Plaintiff's claims may be barred, in whole or in part, by Plaintiff's own negligence. FOURTH AFFIRMATIVE DEFENSE Defendants hereby give notice that they intend to rely on such other affirmative defenses as may become available during the course of discovery and thus reserves the right to amend the answer to assert such defense.

WHEREFORE, Defendants demand that this Court dismiss the complaint and enter judgment in their favor.

TIGHE, COTTRELL & LOGAN, P.A. /s/ Matthew S. Lindaeur Michael K. Tighe (DE ID #29) Matthew Lindaeur (DE ID #4571) First Federal Plaza, Suite 500 P.O. Box 1031 Wilmington, DE 19899 (302) 658-6400 Dated: August 9, 2005