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Attorney For Defendant: First Defense

Defendant Owen Owner files an answer to the complaint submitted by Plaintiff Candace Customer. The answer asserts five defenses: 1) Plaintiff fails to state a claim, 2) Plaintiff's claims are barred by comparative negligence, 3) Plaintiff's claims are barred by lack of causation, 4) Plaintiff's claims are barred by justification. Defendant admits some allegations in the complaint but denies many others due to lack of information. Defendant reserves the right to assert additional defenses and requests the court dismiss the complaint, award attorney's fees and costs, and grant any other relief allowed by law.

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102 views4 pages

Attorney For Defendant: First Defense

Defendant Owen Owner files an answer to the complaint submitted by Plaintiff Candace Customer. The answer asserts five defenses: 1) Plaintiff fails to state a claim, 2) Plaintiff's claims are barred by comparative negligence, 3) Plaintiff's claims are barred by lack of causation, 4) Plaintiff's claims are barred by justification. Defendant admits some allegations in the complaint but denies many others due to lack of information. Defendant reserves the right to assert additional defenses and requests the court dismiss the complaint, award attorney's fees and costs, and grant any other relief allowed by law.

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© © All Rights Reserved
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Logan Reeve (0023224)

REEVE, PEARSON & SPECTRE


3820 Legal Lane
Stoneville, Caper 00026
(555)555-5555
[email protected]
Attorney for Defendant
IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
CANDACE CUSTOMER,

ANSWER

Plaintiff,
v.
OWEN OWNER,

Case no. 160749321


Judge Jeremy Landrick

Defendant.
Defendant, Owen Owner, by and through her counsel of record, hereby answers
the Complaint submitted by Plaintiff, Candace Customer, as follows:
FIRST DEFENSE
Plaintiff fails to state a claim upon which relief can be granted.
SECOND DEFENSE
Plaintiffs claims against Defendant are barred and/or limited pursuant to the
doctrine of comparative negligence.
THIRD DEFENSE

Plaintiffs claims against Defendant are barred under the doctrine of lack of
causation
FOURTH DEFENSE
Plaintiffs claims against Defendant are barred under the doctrine of justification
FIFTH DEFENSE
1. In response to the allegations contained in paragraph 5 of the Complaint,
Defendant admits that Defendant owns Speedy Donuts located at 300 W.
556 N. Salt Lake City, Utah
2. Defendant lacks information as to the allegations of paragraph 6 of the
Complaint and therefore denies the same
3. In response to the allegations contained in paragraph 7 of the Complaint,
Defendant admits that Plaintiff entered the shop and purchased a dozen donuts
on December 7th, 2000
4. Defendant lacks information as to the allegations of paragraph 8 of the
Complaint and therefore denies the same
5. Defendant lacks information as to the allegations of paragraph 9 of the
Complaint and therefore denies the same
6. Defendant lacks information as to the allegations of paragraph 10 of the
Complaint and therefore denies the same
7. Defendant lacks information as to the allegation of paragraph 11 of the
Complaint of the Plaintiff loosing consciousness, but in response to the second
allegation of paragraph 11 Defendant admits that paramedics took Plaintiff to
the hospital.

8. Defendant lacks information as to the allegations of paragraph 12 of the


Complaint and therefore denies the same
RESERVATION OF DEFENSES
Defendant reserves the right to assert additional affirmative defenses upon the
discovery of facts, which are presently unknown or developments in this
litigation.
PRAYER FOR RELIEF
WHEREFORE, having fully answered Plaintiffs Complaint, Defendants request
that the court:
1. Enter judgment in their favor and against Plaintiff on all causes of action
dismissing Plaintiffs Complaint;
2. Award Defendants their attorneys fees and costs of Court pursuant to the
Utah Code Ann. 16-10a-740, pursuant to Utah Code Ann. 78B-5-825, in
that the action brought by Plaintiff is without merit and not brought or
asserted in good faith, or as otherwise allowed by law; and,
3. Award costs pursuant to governing rules and statutes.

Dated this day of ________, 2016.


REEVE, PEARSON & SPECTRE
Logan Reeve
Attorney for Defendant

This Document prepared and submitted by:


Logan Reeve (0023224)
REEVE, PEARSON & SPECTRE
3820 Legal Lane
Stoneville, Caper 00026
(555)555-5555
[email protected]
Attorney for Defendant

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