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

Case 1:04-cv-01326-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

DANNY L. SALYER and VALERIE SALYER, h/w Plaintiffs vs.

ALLIED AUTOMOTIVE GROUP, INC. and ALLIED SYSTEMS a/k/a ALLIED SYSTEMS, INC., a/k/a ALLIED SYSTEMS LIMITED Defendants

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Civil Action No. 04-1326

TRIAL BY JURY OF TWELVE DEMANDED

ANSWER OF DEFENDANTS ALLIED AUTOMOTIVE GROUP, INC. AND ALLIED SYSTEMS a/k/a ALLIED SYSTEMS, INC. a/k/a ALLIED SYSTEMS LIMITED TO PLAINTIFF'S AMENDED COMPLAINT

Defendants Allied Automotive Group, Inc. and Allied Systems a/k/a Allied Systems, Inc. a/k/a Allied Systems Limited (hereinafter collectively referred to as "Allied") hereby answers Plaintiff's Amended Complaint as follows:

COUNT ONE DANNY L. SALYER vs. ALLIED AUTOMOTIVE GROUP, INC. and ALLIED SYSTEMS a/k/a ALLIED SYSTEMS, INC. a/k/a ALLIED SYSTEMS LIMITED 1. Defendants Allied are without sufficient knowledge or information to

either admit or deny the allegations in this paragraph. 2. 3. 4. Admitted. Admitted. Denied as a conclusion of law.

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5.

Admitted in part; denied in part. It is admitted that, on or about January

12, 2004, a tractor-trailer owned and/or operated by the Allied Defendants was proceeding northbound across a railroad crossing located at or near Sico Road, Port of Wilmington, Delaware. It is admitted that the driver of the tractor-trailer was an

employee of Defendants Allied. It is admitted that, at the aforementioned date and time, Plaintiff's train was proceeding eastbound at or near the aforementioned railroad crossing. The remaining averments in Paragraph 17 are denied. 6. 7. Denied. Denied.

WHEREFORE, Defendants Allied demand judgment in their favor and against Plaintiff together with costs and such other relief as the Court deems just and reasonable.

COUNT TWO VALERIE SALYER vs. ALLIED AUTOMOTIVE GROUP and ALLIED SYSTEMS a/k/a ALLIED SYSTEMS, INC. a/k/a/ALLIED SYSTEMS LIMITED 8. Defendants Allied are without sufficient knowledge or information to

either admit or deny the allegations in this paragraph. 9. 10. 11. Admitted. Denied as a conclusion of law. Denied.

WHEREFORE, Defendants Allied demand judgment in their favor and against Plaintiff together with costs and such other relief as the Court deems just and reasonable.

AFFIRMATIVE DEFENSES First Affirmative Defense 12. The Complaint fails to state a claim upon which relief can be granted. 2

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Second Affirmative Defense 13. conduct. Third Affirmative Defense 14. law. Fourth Affirmative Defense 15. Plaintiffs' claims are barred or reduced by the applicable workers' Plaintiffs' claims are barred or reduced by the applicable motor vehicle Plaintiffs' claims are barred or reduced by their own contributory causal

compensation statutes. Fifth Affirmative Defense 16. consequences. Sixth Affirmative Defense 17. Plaintiffs' claims are barred or reduced by the sudden emergency doctrine. Plaintiffs' claims are barred or reduced by the doctrine of unavoidable

Seventh Affirmative Defense 18. Plaintiffs have failed to mitigate damages. Eighth Affirmative Defense 19. Plaintiffs' claimed damages were caused by one or more superseding

intervening causes. Ninth Affirmative Defense 20. Plaintiffs' claimed damages were caused by the conduct or omissions of a

party not in the control of Defendants Allied. Tenth Affirmative Defense 3

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21.

Some or all of Plaintiffs' claimed injuries were the sole and proximate

result of one or more preexisting conditions. WHEREFORE, Defendants Allied demand judgment in their favor and against Plaintiff together with costs and such other relief as the Court deems just and reasonable.

McKENNA, WALKER & CAPRIOTTI, P.C. By:/s/_________________________________ JOANNE M. WALKER Counsel for Defendants Allied Automotive Group, Inc. and Allied Systems a/k/a Allied Systems, Inc. a/k/a Allied Systems Limited 10 Melrose Avenue, Suite 450 Cherry Hill, NJ 08003 (856) 429-6581 ROEBERG, MOORE & FRIEDMAN By:/s/__________________________________ E.J. FORNIAS Delaware Bar I.D. 3833 Local Counsel for Defendants Allied Automotive, Group, Inc. and Allied Systems a/k/a Allied Systems, Inc. a/k/a Allied Systems Limited 910 Gilpin Avenue Wilmington, DE 19806 (302) 658-8700 Dated:______________________

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CERTIFICATE OF SERVICE

I hereby certify that I caused a true and correct copy of the foregoing Answer to Complaint with Cross-Claim to be served upon all counsel by deposit in the U.S. Mail, First Class postage prepaid on the date set forth below, addressed as follows: Joseph A. Coffey, Jr., Esquire Coffey Kaye Myers & Olley Suite 718, Two Bala Plaza Bala Cynwyd, PA 19004 Robert A. Penza, Esquire Gordon, Fournaris & Mammarella 1925 Lovering Avenue Wilmington, DE 19806

___________________________________ E.J. FORNIAS, ESQUIRE Local Counsel for Defendants Allied Dated: ____________________

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