Free Answer to Amended Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-01013-SRU

Document 67

Filed 11/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ___________________________________ MARSHALL AVIATION, LLC, : : Plaintiff, : : V. : : AIG AVIATION, INC., THE INSURANCE : COMPANY OF THE STATE OF : PENNSYLVANIA, MJ AVIATION, LLC, : LJ AVIATION, LLC, and : LOUIS PUGLIENSE : CIVIL ACTION NO. : 3:03-cv-1013 (SRU) Defendants, : : V. : : MJ AVIATION, LLC, LJ AVIATION, LLC : and LOUIS PUGLIESE, JR. : ----------------------------------NOVEMBER 24, 2004 ANSWER AND AFFIRMATIVE DEFENSES Defendants MJ Aviation, LLC ( MJ Aviation ) and Louis Pugliese, Jr. ( Pugliese ) hereby answer and respond to the allegations against them in the Third Amended Complaint dated November 10, 2004 as follows:

LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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ANSWER NINTH COUNT: 103. Denied as pled. However, MJ Aviation states that on

or about November 14, 2002, Marshall s aircraft was in the custody of MJ Aviation in Danbury, Connecticut for purposes of an annual inspection and maintenance. 104. Denied as pled. However, MJ Aviation states that or

around November 14, 2002, the aircraft s battery was improperly connected to the aircraft s electrical system, thereby creating a reverse polarity condition. 105. MJ Aviation denies the plaintiff s allegations that MJ Aviation was negligent. As to the remaining allegations, the

plaintiff is left to its proof. 106. MJ Aviation denies that it inflicted injury upon the plaintiff. As to the remaining allegations, the plaintiff is

left to its proof. ELEVENTH COUNT: 112. Denied as pled. However, Pugliese states that on or

about November 14, 2002, Marshall s aircraft was in the custody

LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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of MJ Aviation in Danbury, Connecticut for purposes of an annual inspection and maintenance. 113. Denied. However, Pugliese states that or around

November 14, 2002, the aircraft s battery was improperly connected to the aircraft s electrical system, thereby creating a reverse polarity condition. Pugliese also states that he

attempted to start the aircraft s engine(s) on that date without knowledge that the aircraft s battery was improperly connected to the aircraft s electrical system. 114. Pugliese denies the plaintiff s allegations that Pugliese was negligent. As to the remaining allegations, the

plaintiff is left to its proof. 115. Pugliese denies that he inflicted injury upon the plaintiff. As to the remaining allegations, the plaintiff is

left to its proof. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE: The Ninth Count of the Third Amended Complaint fails to state a claim upon which relief may be granted.

LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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SECOND AFFIRMATIVE DEFENSE: The Eleventh Count of the Third Amended Complaint fails to state a claim upon which relief may be granted. THIRD AFFIRMATIVE DEFENSE: The plaintiff has failed to mitigate his damages.

THE DEFENDANTS, MJ Aviation, LLC and Louis Pugliese, Jr.

BY: ______________________________ ERIC P. SMITH, ESQ. Federal Bar No. ct16141

LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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CERTIFICATION This shall certify that a copy of the foregoing was served via U.S. mail, postage prepaid, on November 24, 2004 as follows: Robert J. O Brien, Esq. Jonathan Snyder, Esq. Gordon, Muir & Foley, LLP 10 Columbus Blvd., #53 Hartford, CT 06106-5123 (860) 525-5361 (860) 525-4849 (fax) Counsel to Plaintiff Steven E. Arnold, Esq. Peter Van Dyke, Esq. Stanger & Arnold, LLP 29 South Main Street West Hartford, CT 06107 (860) 561-0650 (860) 561-0646 (fax) Counsel to Defendants/Third-Party Plaintiffs Richard J. Kenny, Esq. Kenny, O Keefe & Usseglio, P.C. 21 Oak Street, Suite 208 Hartford, CT 06016 (860) 246-2700 (860) 246-6480 (fax) Counsel to Third-Party Defendant LJ Aviation, LLC

_______________________ Eric P. Smith

LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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