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

Case 1:04-cv-01391-JJF

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE TIMOTHY WARD, ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Plaintiff v. STANLEY TAYLOR, et al., Defendants. v. FIRST CORRECTIONAL MEDICAL DELAWARE, LLC.

C.A. No. 04-1391 KAJ

JURY OF TWELVE DEMANDED

FIRST CORRECTIONAL MEDICAL DELAWARE, LLC'S, ANSWER TO THIRDPARTY COMPLAINT 1. Denied. By way of further answer, admitted that First Correctional Medical

Delaware, LLC, had a contract with the State of Delaware for the provision and performance of medical services from the period of July 1, 2002 through June 30, 2005. 2. 3. 4. 5. 6. 7. 8. 9. Admitted. Admitted. Denied. By way of further answer, the contractual language speaks for itself. Denied. Denied. Denied. Denied. Wrongful conduct by answering defendant is denied and it is hereby denied that

any actions of the answering defendant caused any illnesses, injuries, or damages of any nature to

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the plaintiff. 10. 11. Denied. The answering defendants incorporate by reference paragraphs 1-10 of the Answer

to Cross-Claim {sic} as if more fully set forth herein. 12. 13. Denied. Denied.

WHEREFORE, defendant First Correctional Medical Delaware, LLC, demands that the action against it be dismissed and that it be awarded the cost of the defense of this action. FIRST AFFIRMATIVE DEFENSE This claim is barred by the doctrine of Accord and Satisfaction. SECOND AFFIRMATIVE DEFENSE This claim is barred by State Defendants' Assumption of Risk. THIRD AFFIRMATIVE DEFENSE This claim is barred by State Defendants' Comparative Negligence. FOURTH AFFIRMATIVE DEFENSE This claim is barred by the doctrine of Estoppel. FIFTH AFFIRMATIVE DEFENSE This claim is barred for Failure of Consideration. SIXTH AFFIRMATIVE DEFENSE This claim is barred by Laches. SEVENTH AFFIRMATIVE DEFENSES State Defendants failed to state a claim upon which relief may be granted.

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EIGHTH AFFIRMATIVE DEFENSE The indemnification clause cited by State Defendants does not indemnify the State for acts of negligence committed by State Employees.

McCULLOUGH & McKENTY, P.A.

/s/ Dana Spring Monzo Daniel L. McKenty, Del. Bar No. 2689 Dana Spring Monzo, Del. Bar No. 4605 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorneys for First Correctional Medical, LLC. Date: June 12, 2006

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE TIMOTHY WARD, ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Plaintiff v. STANLEY TAYLOR, et al., Defendants. v. FIRST CORRECTIONAL MEDICAL DELAWARE, LLC.

C.A. No. 04-1391 KAJ

JURY OF TWELVE DEMANDED

CERTIFICATE OF SERVICE I, Dana Spring Monzo, hereby certify that on this date a copy of the attached First Correctional Medical Delaware, LLC's, Answer to Third Party Complaint was e-filed and served via first class mail upon the following: Jeffrey K. Martin, Esquire Margolis Edelstein 1509 Gilpin Ave. Wilmington, DE 19806 Ms. Stephanie Ballard Delaware Department of Justice Carvel State Office Building, 6th Floor 820 N. French Street Wilmington, DE 19801

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McCULLOUGH & McKENTY, P.A.

/s/ Dana Spring Monzo Daniel L. McKenty, Del. Bar No. 2689 Dana Spring Monzo, Del. Bar No. 4605 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorneys for First Correctional Medical, LLC. Date: June 12, 2006