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614203/2017
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK

JB, an infant under the age of fourteen (14) years by Index No. 614203/2017

her father and natural guardian, JASON BROWN;

SB, an infant under the age of fourteen (14) by her
father an natural guardian, JASON BROWN, and

JASON brown, Individually, VERIFIED ANSWER TO

PLAINTIFF'S AMENDED VERIFIED
Plaintiffs, COMPLAINT

-against-

MARK A.HELUPKA, LINDSEY M. BROWN,

TOWN OF BROOKHAVEN and EVENFLO
COMPANY, INC.

Defendants.

PLEASE TAKE NOTICE, that Defendant, Evenflo Company, Inc., (hereinafter,

"Evenflo") by its attorneys, LeClairRyan, upon information and belief, answers the Plaintiff's

Amended Verified Complaint as follows:

1. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 1 of the Amended Verified Complaint.

2. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 2 of the Amended Verified Complaint.

3. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 3 of the Amended Verified Complaint.

4. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 4 of the Amended Verified Complaint.

5. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 5 of the Amended Verified Complaint.

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6. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 6 of the Amended Verified Complaint.

7. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 7 of the Amended Verified Complaint.

8. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 8 of the Amended VerifiedComplaint.

9. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 9 of the Amended Verified Complaint.

10. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 10 of the Amended Verified Complaint.

11. Evenflo denies the allegations contained in Paragraph 11 of the Amended

Verified Complaint.

12. Evenflo denies the allegations contained in Paragraph 12 of the Amended

Verified Complaint, except admits that it was and still is a foreign corporation.

13. Evenflo denies the allegations contained in Paragraph 13 of the Amended

Verified Complaint.

14. Evenflo admits the allegations contained in Paragraph 14 of the Amended

Verified Complaint.

15. Evenflo admits the allegations contained in Paragraph 15 of the Amended

Verified Complaint.

16. Evenflo admits the allegations contained in Paragraph 16 of the Amended

Verified Complaint.

17. Evenflo admits the allegations contained in Paragraph 17 of the Amended

Verified Complaint.

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18. Evenflo admits the allegations contained in Paragraph 18 of the Amended

Verified Complaint.

19. Evenflo admits the allegations contained in Paragraph 19 of the Amended

Verified Complaint.

20. Evenflo admits the allegations contained in Paragraph 20 of the Amended

Verified Complaint.

21. Evenflo admits the allegations contained in Paragraph 21 of the Amended

Verified Complaint.

22. Evenflo admits the allegations contained in Paragraph 22 of the Amended

Verified Complaint.

AS AND FOR A FIRST CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST DEFENDANTS MARK HELUPKA AND LINDSEY M. BROWN

23. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

24. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 24 of the Amended Verified Complaint.

25. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 25 of the Amended Verified Complaint.

26. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 26 of the Amended Verified Complaint.

27. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 27 of the Amended Verified Complaint.

28. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 28 of the Amended Verified Complaint.

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29. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 29 of the Amended Verified Complaint.

30. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 30 of the Amended Verified Complaint.

31. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 31 of the Amended Verified Complaint.

32. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 32 of the Amended Verified Complaint.

33. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 33 of the Amended Verified Complaint.

34. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 34 of the Amended Verified Complaint.

35. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 35 of the Amended Verified Complaint.

36. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 36 of the Amended Verified Complaint.

37. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 37 of the Amended Verified Complaint.

38. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 38 of the Amended Verified Complaint.

39. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 39 of the Amended Verified Complaint.

40. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 41 of the Amended Verified Complaint.

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41. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 41 of the Amended Verified Complaint.

42. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 42 of the Amended Verified Complaint.

43. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 43 of the Amended Verified Complaint.

44. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 44 of the Amended Verified Complaint.

45. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 45 of the Amended Verified Complaint.

46. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 46 of the Amended Verified Complaint.

47. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 47 of the Amended Verified Complaint.

48. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 48 of the Amended Verified Complaint.

49. Evenflo denies the allegations contained in Paragraph 49 of the Amended

Verified Complaint.

50. The allegations contained in Paragraph 50 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

51. The allegations contained in Paragraph 51 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

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52. The allegations contained in Paragraph 52 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

53. Evenflo denies the allegations contained in Paragraph 53 of the Amended

Verified Complaint.

54. Evenflo avers that Paragraph 54 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

.

55. Evenflo avers that Paragraph 55 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

56. Evenflo avers that Paragraph 56 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

57. Evenflo avers that Paragraph 57 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

AS AND FOR A SECOND CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF SB
AS AGAINST DEFENDANTS MARK HELUPKA AND LINDSEY M. BROWN

58. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

59. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 59 of the Amended Verified Complaint.

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60. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 60 of the Amended Verified Complaint.

61. Evenflo denies the allegations contained in Paragraph 61 of the Amended

Verified Complaint.

62. The allegations contained in Paragraph 62 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

63. The allegations contained in Paragraph 63 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

64. The allegations contained in Paragraph 64 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

65. The allegations contained in Paragraph 65 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

66. The allegations contained in Paragraph 66 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

67. The allegations contained in Paragraph 67 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

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68. Evenflo avers that Paragraph 68 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

69. The allegations contained in Paragraph 69 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

AS AND FOR A THIRD CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST DEFENDANT TOWN OF BROOKHAVEN

70. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

71. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 71 of the Amended Verified Complaint.

72. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 72 of the Amended Verified Complaint.

73. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 73 of the Amended Verified Complaint.

74. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 74 of the Amended Verified Complaint.

75. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 75 of the Amended Verified Complaint.

76. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 76 of the Amended Verified Complaint.

77. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 77 of the Amended Verified Complaint.

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78. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 78 of the Amended Verified Complaint.

79. The allegations contained in Paragraph 79 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

80. The allegations contained in Paragraph 80 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

81. The allegations contained in Paragraph 81 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

82. The allegations contained in Paragraph 82 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

83. The allegations contained in Paragraph 83 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

84. Evenflo denies the allegations contained in Paragraph 84 of the Amended

Verified Complaint.

85. Evenflo avers that Paragraph 85 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

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AS AND FOR A FOURTH CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF SB
AS AGAINST DEFENDANT TOWN OF BROOKHAVEN

86. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

87. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 87 of the Amended Verified Complaint.

88. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 88 of the Amended Verified Complaint.

89. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 89 of the Amended Verified Complaint.

90. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 90 of the Amended Verified Complaint.

91. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 91 of the Amended Verified Complaint.

92. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 92 of the Amended Verified Complaint.

93. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 93 of the Amended Verified Complaint.

94. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 94 of the Amended Verified Complaint.

95. The allegations contained in Paragraph 95 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

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96. The allegations contained in Paragraph 96 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

97. The allegations contained in Paragraph 97 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

98. The allegations contained in Paragraph 98 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

99. The allegations contained in Paragraph 99 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

100. The allegations contained in Paragraph 100 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

101. The allegations contained in Paragraph 101 of the Amended Verified Complaint

are not directed to Evenflo and thus no response is interposed thereto. To the extent a response is

required, the allegations are denied.

AS AND FOR A FIFTH CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST DEFENDANT EVENFLO COMPANY, INC. - NEGLIGENCE

102. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

103. Evenflo admits the allegations contained in Paragraph 103 of the Amended

Verified Complaint.

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104. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 104 of the Amended Verified Complaint.

105. Evenflo denies the allegations contained in Paragraph 105 of the Amended

Verified Complaint.

106. Evenflo denies the allegations contained in Paragraph 106 of the Amended

Verified Complaint.

107. Evenflo denies the allegations contained in Paragraph 107 of the Amended

Verified Complaint.

108. Evenflo denies the allegations contained in Paragraph 108 of the Amended

Verified Complaint.

109. Evenflo denies the allegations contained in Paragraph 109 of the Amended

Verified Complaint.

110. Evenflo avers that Paragraph 110 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

111. Evenflo avers that Paragraph 111 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

AS AND FOR A SIXTH CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST EVENFLO INC -
DEFENDANT, COMPANY,
BREACH OF EXPRESS WARRANTY

112. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

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113. Evenflo avers that Paragraph 113 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

114. Evenflo denies the allegations contained in Paragraph 114 of the Amended

Verified Complaint.

115. Evenflo denies the allegations contained in Paragraph 115 of the Amended

Verified Complaint.

116. Evenflo denies the allegations contained in Paragraph 116 of the Amended

Verified Complaint.

117. Evenflo avers that Paragraph 117 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

118. Evenflo avers that Paragraph 118 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

AS AND FOR A SEVENTH CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST EVENFLO INC -
DEFENDANT, COMPANY,
BREACH OF IMPLED WARRANTY

119. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

120. Evenflo avers that Paragraph 120 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

121. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 121 of the Amended Verified Complaint.

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122. Evenflo denies the allegations contained in Paragraph 122 of the Amended

Verified Complaint.

123. Evenflo denies the allegations contained in Paragraph 123 of the Amended

Verified Complaint.

124. Evenflo denies the allegations contained in Paragraph 124 of the Amended

Verified Complaint.

125. Evenflo avers that Paragraph 125 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

126. Evenflo avers that Paragraph 126 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

AS AND FOR AN EIGHTH CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST DEFENDANT, EVENFLO INC - STRICT LIABILITY
COMPANY,

127. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

128. Evenflo admits the allegations contained in Paragraph 128 of the Amended

Verified Complaint.

129. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 129 of the Amended Verified Complaint.

130. Evenflo denies the allegations contained in Paragraph 130 of the Amended

Verified Complaint.

131. Evenflo denies the allegations contained in Paragraph 131 of the Amended

Verified Complaint.

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132. Evenflo denies the allegations contained in Paragraph 132 of the Amended

Verified Complaint.

133. Evenflo denies the allegations contained in Paragraph 133 of the Amended

Verified Complaint.

134. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in paragraph 134 ofthe Amended Verified Complaint.

135. Evenflo denies the allegations contained in Paragraph 135 of the Amended

Verified Complaint.

136. Evenflo denies the allegations contained in Paragraph 136 of the Amended

Verified Complaint.

137. Evenflo denies the allegations contained in Paragraph 137 of the Amended

Verified Complaint.

138. Evenflo denies the allegations contained in Paragraph 138 of the Amended

Verified Complaint.

139. Evenflo denies the allegations contained in Paragraph 139 of the Amended

Verified Complaint.

140. Evenflo denies the allegations contained in Paragraph 140 of the Amended

Verified Complaint.

141. Evenflo denies the allegations contained in Paragraph 141 of the Amended

Verified Complaint.

142. Evenflo denies the allegations contained in Paragraph 142 of the Amended

Verified Complaint.

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143. Evenflo avers that Paragraph 143 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

144. Evenflo avers that Paragraph 144 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

AS AND FOR A NINTH CAUSE OF ACTION

ON BEHALF OF INFANT PLAINTIFF JB
AS AGAINST EVENFLO INC - FAILURE TO WARN
DEFENDANT, COMPANY,

145. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

146. Evenflo avers that Paragraph 146 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

147. Evenflo denies the allegations contained in Paragraph 147 of the Amended

Verified Complaint.

148. Evenflo denies the allegations contained in Paragraph 148 of the Amended

Verified Complaint.

149. Evenflo denies the allegations contained in Paragraph 149 of the Amended

Verified Complaint.

150. Evenflo denies the allegations contained in Paragraph 150 of the Amended

Verified Complaint.

151. Evenflo avers that Paragraph 151 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

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152. Evenflo avers that Paragraph 152 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

AS AND FOR A TENTH CAUSE OF ACTION

ON BEHALF OF PLAINTIFFS JB AND JASON BROWN AS AGAINST DEFENDANT,
EVENFLO INC.- FRAUD-FRAUDULENT FRAUDULENT
COMPANY, INDUCEMENT,
MISREPRESENTATION AND FRAUDULENT CONCEALMENT

153. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

154. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 154 of the Amended Verified Complaint.

155. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 155 of the Amended Verified Complaint.

156. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 156 of the Amended Verified Complaint.

157. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 157 of the Amended Verified Complaint.

158. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 158 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

159. Evenflo denies the allegations contained in Paragraph 159 of the Amended

Verified Complaint.

160. Evenflo denies the allegations contained in Paragraph 160 of the Amended

Verified Complaint.

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161. Evenflo denies the allegations contained in Paragraph 161 of the Amended

Verified Complaint.

162. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 162 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

163. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 163 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

164. Evenflo admits that it began to manufacture and sell a Big Kid belt positioning

booster seat in or about 2003. All other allegations in Paragraph 164 of the Amended Verified

Complaint are denied.

165. Evenflo denies the allegations contained in Paragraph 165 of the Amended

Verified Complaint.

166. Evenflo denies the allegations contained in Paragraph 166 of the Amended

Verified Complaint.

167. Evenflo denies the allegations contained in Paragraph 167 of the Amended

Verified Complaint.

168. Evenflo denies the allegations contained in Paragraph 168 of the Amended

Verified Complaint.

169. Evenflo denies the allegations contained in Paragraph 169 of the Amended

Verified Complaint.

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170. Evenflo denies the allegations contained in Paragraph 170 of the Amended

Verified Complaint.

171. Evenflo denies the allegations contained in Paragraph 171 of the Amended

Verified Complaint.

172. Evenflo denies the allegations contained in Paragraph 172 of the Amended

Verified Complaint.

173. Evenflo denies the allegations contained in Paragraph 173 of the Amended

Verified Complaint.

174. Evenflo denies the allegations contained in Paragraph 174 of the Amended

Verified Complaint.

175. Evenflo denies the allegations contained in Paragraph 175 of the Amended

Verified Complaint.

176. Evenflo denies the allegations contained in Paragraph 176 of the Amended

Verified Complaint.

177. Evenflo denies the allegations contained in Paragraph 177 of the Amended

Verified Complaint.

178. Evenflo denies the allegations set forth in Paragraph 178 ofthe Amended Verified

Complaint.

179. Evenflo denies the allegations contained in Paragraph 179 of the Amended

Verified Complaint.

180. Evenflo denies the allegations contained in Paragraph 180 of the Amended

Verified Complaint.

181. Evenflo denies the allegations contained in Paragraph 181 of the Amended

Verified Complaint directed to Evenflo. Evenflo further avers that the allegations contained in

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Paragraph 181 that reference a study conducted by a third party and Evenflo lacks information to

admit or deny allegations referencing the study, as it was not provided to Evenflo.

182. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 182 of the Amended Verified Complaint, as the

allegations reference publications not provide to Evenflo and from which only an excerpt was

taken.

183. Evenflo denies the allegations contained in Paragraph 183 of the Amended

Verified Complaint directed to Evenflo. Evenflo lacks information to admit or deny the

remaining allegations in paragraph 183 as the allegations reference publications not provided to

Evenflo and from which only an excerpt was taken.

184. Evenflo denies the allegations contained in Paragraph 184 of the Amended

Verified Complaint.

185. Evenflo denies the allegations contained in Paragraph 185 of the Amended

Verified Complaint.

186. Evenflo denies the allegations contained in Paragraph 186 of the Amended

Verified Complaint.

187. Evenflo denies the allegations contained in Paragraph 187 of the Amended

Verified Complaint.

188. Evenflo denies the allegations contained in Paragraph 188 of the Amended

Verified Complaint.

189. Evenflo denies the allegations contained in Paragraph 189 of the Amended

Verified Complaint.

190. Evenflo denies the allegations contained in Paragraph 190 of the Amended

Verified Complaint.

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191. Evenflo denies the allegations contained in Paragraph 191 of the Amended

Verified Complaint.

192. Evenflo denies the allegations contained in Paragraph 192 of the Amended

Verified Complaint.

193. Evenflo denies the allegations contained in Paragraph 193 of the Amended

Verified Complaint.

194. Evenflo denies the allegations contained in Paragraph 194 of the Amended

Verified Complaint.

195. Evenflo admits that it sells Big Kid Booster Seats in Canada which comply with

Canadian Regulations. Evenflo denies all other allegations contained in Paragraph 195 of the

Amended Verified Complaint.

196. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 196 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

197. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 197 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

198. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 198 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

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199. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 199 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

200. Evenflo admits that it sold a shielded booster seat, not a belt positioning booster

like the Big Kid, called the Sightseer in the mid to late 1990's. Evenflo denies all other

allegations contained in Paragraph 200 of the Amended Verified Complaint.

201. Evenflo admits that it sold a shielded booster seat, not a belt positioning booster

like the Big Kid, called the Sightseer in the mid to late 1990's. Evenflo denies all other

allegations contained in Paragraph 201 of the Amended Verified Complaint.

202. Evenflo admits the first sentence contained in Paragraph 202 of the Amended

Verified Complaint. Evenflo denies all other allegations contained in Paragraph 202 of the

Amended Verified Complaint.

203. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 203 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

204. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 204 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

205. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 205 of the Amended Verified Complaint, as the

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allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

206. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 206 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

207. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 207 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

208. Evenflo admits the jury found for the Plaintiff in the Steele matter and the

judgment was affirmed. Evenflo denies all other allegations contained in Paragraph 208 of the

Amended Verified Complaint.

209. Evenflo admits that a small lot of Big Kid seats were mislabeled in Canada and

that details of the associated recall are available from public sources. Evenflo denies all other

allegations contained in Paragraph 209 of the Amended Verified Complaint.

210. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 210 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

211. Evenflo admits the first sentence contained in Paragraph 211 of the Amended

Verified Complaint. Evenflo denies all other allegations contained in Paragraph 211 of the

Amended Verified Complaint.

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212. Evenflo admits the first sentence contained in Paragraph 212 of the Amended

Verified Complaint. Evenflo denies all other allegations contained in Paragraph 212 of the

Amended Verified Complaint.

owners'
213. Evenflo admits that it has revised the Big Kid manual at various times

over the course of the product's lifetime since its introduction over a decade ago. Evenflo denies

all other allegations contained in Paragraph 213 of the Amended Verified Complaint.

214. Evenflo denies the allegations contained in Paragraph 214 of the Amended

Verified Complaint.

215. Evenflo admits it was sued in a case involving the Arias family and the Big Kid

booster as alleged in the first sentence of Paragraph 215 of the Amended Verified Complaint.

Evenflo denies all other allegations contained in Paragraph 215 of the Amended Verified

Complaint.

216. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 216 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

217. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 217 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

218. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 218 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

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219. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 219 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

220. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 220 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

221. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 221 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

222. Evenflo denies the allegations contained in Paragraph 222 of the Amended

Verified Complaint.

223. Evenflo denies the allegations contained in Paragraph 223 of the Amended

Verified Complaint.

224. Evenflo denies the allegations contained in Paragraph 224 of the Amended

Verified Complaint.

225. Evenflo denies the allegations contained in Paragraph 225 of the Amended

Verified Complaint.

226. Evenflo denies the allegations contained in Paragraph 226 of the Amended

Verified Complaint.

227. Evenflo denies the allegations contained in Paragraph 227 of the Amended

Verified Complaint.

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228. Evenflo denies the allegations contained in Paragraph 228 of the Amended

Verified Complaint.

229. Evenflo denies the allegations contained in Paragraph 229 of the Amended

Verified Complaint.

230. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 230 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

231. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 231 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

232. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 232 of the Amended Verified Complaint, as the

allegations reference publications not provided to Evenflo and from which only an excerpt was

taken.

233. Evenflo denies the allegations contained in Paragraph 233 of the Amended

Verified Complaint.

234. Evenflo denies the allegations contained in Paragraph 234 of the Amended

Verified Complaint.

235. Evenflo denies the allegations contained in Paragraph 235 of the Amended

Verified Complaint.

236. Evenflo denies the allegations contained in Paragraph 236 of the Amended

Verified Complaint.

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237. Evenflo denies the allegations contained in Paragraph 237 of the Amended

Verified Complaint.

238. Evenflo denies the allegations contained in Paragraph 238 of the Amended

Verified Complaint.

239. Evenflo denies the allegations contained in Paragraph 239 of the Amended

Verified Complaint.

240. Evenflo denies the allegations contained in Paragraph 240 of the Amended

Verified Complaint.

241. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 241 of the Amended Verified Complaint.

242. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 242 of the Amended Verified Complaint.

243. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 243 of the Amended Verified Complaint.

244. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 244 of the Amended Verified Complaint.

245. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 245 of the Amended Verified Complaint.

246. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 246 of the Amended Verified Complaint.

247. Evenflo denies knowledge or information sufficient to form a belief as to teach

and every allegation contained in Paragraph 247 of the Amended Verified Complaint.

248. Evenflo denies the allegations contained in Paragraph 248 of the Amended

Verified Complaint.

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249. Evenflo denies the allegations contained in Paragraph 249 of the Amended

Verified Complaint.

250. Evenflo denies the allegations contained in Paragraph 250 of the Amended

Verified Complaint.

251. Evenflo denies the allegations contained in Paragraph 251 of the Amended

Verified Complaint.

252. Evenflo denies the allegations contained in Paragraph 252 of the Amended

Verified Complaint.

253. Evenflo denies the allegations contained in Paragraph 253 of the Amended

Verified Complaint.

254. Evenflo denies the allegations contained in Paragraph 254 of the Amended

Verified Complaint.

255. Evenflo denies the allegations contained in Paragraph 255 of the Amended

Verified Complaint.

256. Evenflo denies the allegations contained in Paragraph 256 of the Amended

Verified Complaint.

257. Evenflo denies knowledge or information sufficient to form a belief as to the first

sentence contained in Paragraph 257 of the Amended Verified Complaint. Evenflo denies the

remaining allegations contained in Paragraph 257 ofthe Amended Verified Complaint.

258. Evenflo denies the allegations contained in Paragraph 258 of the Amended

Verified Complaint.

259. Evenflo denies the allegations contained in Paragraph 259 of the Amended

Verified Complaint.

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260. Evenflo denies the allegations contained in Paragraph 260 of the Amended

Verified Complaint.

261. Evenflo denies the allegations contained in Paragraph 261 of the Amended

Verified Complaint.

262. Evenflo denies the allegations contained in Paragraph 262 of the Verified

Amended Complaint.

263. Evenflo denies the allegations contained in Paragraph 263 of the Verified

Amended Complaint.

264. Evenflo denies the allegations contained in Paragraph 264 of the Verified

Amended Complaint.

265. Evenflo states that the Big Kid is a belt-positioning booster which complies with

the U.S. regulation for Child Restraints. It is designed to boost a child to the proper position in a

vehicle to use the vehicle's restraint system. All allegations in Paragraph 265 of the Verified

Amended Complaint contrary to this statement are denied

266. Evenflo denies the allegations contained in Paragraph 266 of the Verified

Amended Complaint.

267. Evenflo denies the allegations contained in Paragraph 267 of the Verified

Amended Complaint.

268. Evenflo denies the allegations contained in Paragraph 268 of the Verified

Amended Complaint.

269. Evenflo denies the allegations contained in Paragraph 269 of the Verified

Amended Complaint.

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270. Evenflo avers that Paragraph 270 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

271. Evenflo avers that Paragraph 271 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

272. Evenflo denies the allegations contained in Paragraph 272 of the Verified

Amended Complaint.

273. Evenflo denies the allegations contained in Paragraph 273 of the Verified

Amended Complaint.

274. Evenflo denies the allegations contained in Paragraph 274 of the Verified

Amended Complaint.

275. Evenflo admits that the recall involving a small lot of Big Kid seats in Canada

was not conducted in the United States because the labeling was noncompliant to Canadian

regulations only and did not impact any U.S. Big Kid seats. All allegations in Paragraph 275 of

the Amended Verified Complaint contrary to this admission are denied.

276. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 276 of the Amended Verified Complaint.

277. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 277 of the Amended Verified Complaint.

278. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 278 of the Amended Verified Complaint.

279. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 279 of the Amended Verified Complaint.

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280. Evenflo denies the allegations contained in Paragraph 280 of the Amended

Verified Complaint.

281. Evenflo denies the allegations contained in Paragraph 281 of the Amended

Verified Complaint.

282. Evenflo denies the allegations contained in Paragraph 282 of the Verified

Amended Complaint.

283. Evenflo avers that Paragraph 283 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

284. Evenflo denies the allegations contained in Paragraph 284 of the Verified

Amended Complaint.

285. Evenflo denies the allegations contained in Paragraph 285 of the Verified

Amended Complaint.

AS AND FOR AN ELEVENTH CAUSE OF ACTION

ON BEHALF OF PLAINTIFF JB AND JASON BROWN AS AGAISNT
EVENFLO INC.- DECEPTIVE BUSINESS PRACTICES
DEFENDANT, COMPANY,
IN VIOLATION OF GENERAL BUSINESS LAW $349

286. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

287. Evenflo denies the allegations contained in Paragraph 287 of the Verified

Amended Complaint.

288. Evenflo denies the allegations contained in Paragraph 288 of the Verified

Amended Complaint.

289. Evenflo avers that Paragraph 289 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

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290. Evenflo denies the allegations contained in Paragraph 290 of the Verified

Amended Complaint.

291. Evenflo denies the allegations contained in Paragraph 291 of the Verified

Amended Complaint.

292. Evenflo denies the allegations contained in Paragraph 292 of the Verified

Amended Complaint.

293. Evenflo denies the allegations contained in Paragraph 293 of the Verified

Amended Complaint.

294. Evenflo denies the allegations contained in Paragraph 294 of the Verified

Amended Complaint.

295. Evenflo avers that Paragraph 295 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

296. Evenflo avers that Paragraph 296 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

297. Evenflo avers that Paragraph 297 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

298. Evenflo denies the allegations contained in Paragraph 298 of the Verified

Amended Complaint.

299. Evenflo denies the allegations contained in Paragraph 299 of the Verified

Amended Complaint.

AS AND FOR A TWELFTH CAUSE OF ACTION

ON BEHALF OF PLAINTIFFS JB AND JASON BROWN AS AGAINST
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EVENFLO INC.- DECEPTIVE BUSINESS PRACTIES

DEFENDANT, COMPANY,
IN VIOLATION OF GENERAL BUSINESS LAW ¶350-

FALSE ADVERTISING

300. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

301. Evenflo denies the allegations contained in Paragraph 301 of the Verified

Amended Complaint.

302. Evenflo denies the allegations contained in Paragraph 302 of the Verified

Amended Complaint.

303. Evenflo denies the allegations contained in Paragraph 303 of the Verified

Amended Complaint.

304. Evenflo denies the allegations contained in Paragraph 304 of the Verified

Amended Complaint.

305. Evenflo denies the allegations contained in Paragraph 305 of the Verified

Amended Complaint.

306. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 306 of the Amended Verified Complaint.

307. Evenflo denies the allegations contained in Paragraph 307 of the Verified

Amended Complaint.

308. Evenflo denies the allegations contained in Paragraph 308 of the Verified

Amended Complaint.

309. Evenflo avers that Paragraph 309 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations aredenied.

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310. Evenflo denies the allegations contained in Paragraph 310 of the Amended

Verified Complaint.

311. Evenflo avers that Paragraph 311 of the Amended Verified Complaint contains

conclusions of law to which no response is required. To the extent a response is required, the

allegations are denied.

312. Evenflo denies the allegations contained in Paragraph 312 of the Amended

Verified Complaint.

313. Evenflo denies the allegations contained in Paragraph 313 of the Amended

Verified Complaint.

AS AND FOR A THIRTEENTH CAUSE OF ACTION

ON BEHALF OF PLAINTIFF JASON BROWN
AS AGAINST ALL DEFENDANTS

314. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

315. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 315 of the Amended Verified Complaint.

316. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 316 of the Amended Verified Complaint.

317. Evenflo denies the allegations contained in Paragraph 317 of the Amended

Verified Complaint.

AS AND FOR A FOURTEENTH CAUSE OF ACTION

ON BEHALF OF PLAINTIFF JASON BROWN
AS AGAINST ALL DEFENDANTS

318. Evenflo repeats and re-alleges each and every answer to the allegations in the

Amended Verified Complaint as if set forth at length herein.

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319. Evenflo denies knowledge or information sufficient to form a belief as to each

and every allegation contained in Paragraph 319 of the Amended Verified Complaint.

320. Evenflo denies the allegations contained in Paragraph 320 of the Amended

Verified Complaint.

321. Evenflo denies the allegations contained in Paragraph 321 of the Amended

Verified Complaint.

WHEREFORE, Evenflo demands judgment dismissing all Causes of Action in

Plaintiff's Amended Verified Complaint against Evenflo and for an award of costs, attorney's

fees and such relief that the Court deems just and equitable.

PLEASE TAKE FURTHER NOTICE, that the following affirmative defenses are set forth as

follows:

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

Notwithstanding that the defendant Evenflo, has denied liability herein, in the

event that liability of the defendant Evenflo, shall be fifty percent or less of the total

liability assigned to all persons liable and pursuant to CPLR § 1601 et sega the liability

party'
of the defendant Evenflo, for non-economic loss, shall not exceed this pleading party's

equitable share determined in accordance with the relative culpability of each person

causing or contributing to the total liability of non-economic loss.

SECOND AFFIRMATIVE DEFENSE

That to the extent plaintiffs recover any damages for the cost of medical care, dental care,

custodial care or rehabilitation services, loss of earnings and/or other economic loss, the amount

of the award shall be reduced by the sum total of all collateral reimbursements, from whether it

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Workers'
be insurance, social security payments, Compensation, employee benefits or other such

programs, in accordance with the provisions of the CPLR 4545.

THIRD AFFIRMATIVE DEFENSE

That upon information and belief, the injuries allegedly sustained by plaintiffs were the

result of superseding and/or intervening acts of negligence by persons over whom defendant had

neither direction nor control nor the right of control.

FOURTH AFFIRMATIVE DEFENSE

Plaintiffs Amended Verified Complaint fails to state a cause of action upon which relief

may be granted.

FIFTH AFFIRMATIVE DEFENSE

In the event that any person or entity liable or claimed to be liable for injuries or damages

in this action has been given or may hereafter be given a release or covenant not to sue, the

answering defendant shall be entitled to protection under General Obligations Law § 15-108

and the corresponding reduction of any damages, if any, which may be determined to have been

caused by another answering party.

SIXTH AFFIRMATIVE DEFENSE

The incident and the allegations do not meet the legal requirements under New York law

for a claim for punitive damages and punitive damages are inapplicable in this case.

SEVENTH AFFIRMATIVE DEFENSE

Upon information and belief, and in accordance with Article 14 of the CPLR, any

damages sustained by the plaintiffs herein were not caused by any negligence or carelessness

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on the part of this answering defendant, its servants, agents or employees, but were caused in

whole or in part by the negligence and carelessness of other parties and that such conduct

requires diminution of any award, verdict or judgment that plaintiff may recover against this

answering defendant.

EIGHTH AFFIRMATIVE DEFENSE

Plaintiffs are not entitled to recovery against answering defendant caused by a

modification or alteration of the product in issue.

NINTH AFFIRMATIVE DEFENSE

The injuries alleged were the result of the misuse of the product in issue, including but

not limited to a failure to follow warnings or instructions or a failure to use the vehicle's

restraint system properly.

TENTH AFFIRMATIVE DEFENSE

Upon information and belief, the product in issue was altered after it left the control

of the answering defendant.

ELEVENTH AFFIRMATIVE DEFENSE

Upon information and belief, the product in issue was not set up or assembled

properly after it left the control of the answering defendant.

TWELFTH AFFIRMATIVE DEFENSE

Plaintiffs may not recover all or part of the damages allegedly sustained by virtue of

their failure to mitigate the damages allegedly sustained.

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THIRTEENTH AFFIRMATIVE DEFENSE

Plaintiffs are estopped from recovery on the Amended Verified Complaint on file herein

by virtue of the conduct of plaintiffs.

FOURTEENTH AFFIRMATIVE DEFENSE

Plaintiffs'
Amended Verified Complaint is barred, in whole or in part, because plaintiffs

did not exercise ordinary care, caution or prudence to avoid the injuries alleged; and the resulting

damages, if any, sustained by plaintiffs were proximately caused and contributed to by the

negligence or intentional conduct of plaintiffs.

FIFTEENTH AFFIRMATIVE DEFENSE

Plaintiffs are barred from recovery on the Amended Verified Complaint on the grounds

that the acts of plaintiffs constitute a waiver of the right to recover damages.

SIXTEENTH AFFIRMATIVE DEFENSE

Plaintiffs are not entitled to recovery for any alleged damages suffered by plaintiffs

because plaintiffs assumed the risk in acting in the manner which purportedly caused the injury

to plaintiffs.

SEVENTEENTH AFFIRMATIVE DEFENSE

That all risks and dangers connected with this situation at the time and place mentioned

in the Amended Verified Complaint were open, obvious and apparent and were known to and

assumed by plaintiffs.

EIGHTEENTH AFFIRMATIVE DEFENSE

Evenflo asserts all other affirmative defenses to the allegations of the Amended Verified

Complaint on file herein which are available to it under the law and which may arise based upon

facts not known or not now recognized as operative respective of the legal issues raised by the

allegations of the Amended Verified Complaint on file herein.

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NINETEENTH AFFIRMATIVE DEFENSE

Evenflo fully complied with its warranty obligations to plaintiffs.

TWENTIETH AFFIRMATIVE DEFENSE

plaintiffs'
Upon information and belief, claims are barred by the limitations of the

applicable warranties.

TWENTY FIRST AFFIRMATIVE DEFENSE

Plaintiffs'
rights against Evenflo, if any, are limited to those set forth in the applicable

warranties.

TWENTY SECOND AFFIRMATIVE DEFENSE

Evenflo is not subject to the New York General Business Law ¶ 350.

TWENTY THIRD AFFIRMATIVE DEFENSE

Evenflo is not subject to the New York General Business Law ¶ 349.

TWENTY FOURTH AFFIRMATIVE DEFENSE

Evenflo will rely on any and all defenses available under the General Business Law.

TWENTY FIFTH AFFIRMATIVE DEFENSE

Plaintiffs have failed to state a claim upon which relief can be granted under the General

Business Law.

TWENTY SIXTH AFFIRMATIVE DEFENSE

Plaintiffs have failed to state or support a claim of Common Law Fraud.

TWENTY SEVENTH AFFIRMATIVE DEFENSE

Plaintiffs'
complaint is insufficient to state a claim for misrepresentation or fraud because

plaintiffs have failed to include the operative facts upon which they base these claims and have

failed to plead the circumstances constituting misrepresentation or fraud with particularity.

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TWENTY EIGTH AFFIRMATIVE DEFENSE

Plaintiff does not have standing to sue under Sections 349 and 350 of the New York

General Business Law.

TWENTY NINTH AFFIRMATIVE DEFENSE

Evenflo reserves the right to assert additional affirmative defenses.

CROSS-CLAIMS

CONTRIBUTION

While denying any liability to plaintiffs, should defendant, Evenflo be adjudged

liable to plaintiff, said defendant then demands contribution from co-defendants as joint

tort-feasors in accordance with CPLR Article 14.

WHEREFORE, defendant, Evenflo, demands contribution together with costs and

fees from and against co-defendants.

INDEMNIFICATION

The defendant, Evenflo, states that said defendant is free from fault, but if said defendant

is held liable to plaintiffs for the causes of action stated within the complaint, such liability

will be vicarious in that it is merely constructive, technical or imputed and under those

circumstances said defendant would be entitled to common law indemnification and

contractual indemnification from co-defendants.

WHEREFORE, defendant, Evenflo, demands indemnification together with costs

and fees fromand against co-defendants.

WHEREFORE, answering defendant, Evenflo, demands judgment dismissing

plaintiffs'
complaint and awarding answering defendant judgment against plaintiff and

attorneys fees, or in the alternative, in the event that plaintiff recover any verdict and/or

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judgment against the answering defendant, the answering defendant demand judgment over

and against codefendants in whole or in part, in accordance with the cross-claims asserted

herein and set forth above, together with costs, disbursements and counsel fees incurred in the

defense of this action and such other and further relief and different relief as this Court may

deem just and proper,

Dated: New York, New York

February 1, 2018

LECLAIRRYAN
Attorneys for Defendant,
Even Company I .

Matthew W. Bauer
1037 Raymond Boulevard
16th
FlOOr

Newark, New Jersey 07102

T: (973) 491-3600
F: (973) 491-3555

and

885 Third Avenue

16th
FlOOr
New York, New York 10022
T: (212) 697-6555
F: (212) 986-3509

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ATTORNEY VERIFICATION

STATE OF NEW YORK }

}ss.:
COUNTY OF NEW YORK }

Matthew W. Bauer, an attorney admitted to practice in the State of New York, affirms the

following under penalty of perjury:

I am a shareholder with the law firm of LeClairRyan, A Professional Corporation,

attorneys for Defendant Evenflo. I have read the foregoing Amended Verified Answer to

Plaintiff's Complaint and know the contents thereof, and the same is true to my knowledge,

except as to those matters stated to be alleged on information and belief, and as to those matters I

believe them to be true. The grounds for my beliefs as to those matters not stated upon my

knowledge are investigations conducted and information received as an attorney, as well as the

contents of our file on this matter.

The reason why this verification is made by your affirmant and not by the above-named

Defendant is that said Defendant does not maintain its principal place of business and/or reside

within Essex County, wherein your affirmant maintains his offices.

Matthew . Bauer

Affirmed before me this

1"
day of February, 2018

VERONICA SPEAKS
ID # 2111702
NOTARY PUBLIC
STATE OF NEW JERSEY

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