FRANKLIN PERRY VS REED GUY MELTON

Complaint Information

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2. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff fails to state facts sufficient to constitute a cause of action.

3. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that the injuries and damages complained of by Plaintiff, if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons or entities other than this answering Defendant.

4. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that the injunies and damages complamned of by Plaintff, if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons or enfities other than this answering Defendant and said conduct is either imputed to Plaintiff by reason of the relationship between Plaintiff and said persons or entities, or comparatively reduces the proportion of liability of this answering Defendant.

5. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff has failed to mitigate his damages, if any.

6. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that any and all alleged events, happenings, injuries and damages, if any, were proximately caused or contributed to by Plaintiff, who assumed all risks and hazards incident to the conduct alleged in the charging allegations.

7. As to each and every cause of action alleged in the Complaint herein, Defendant 1s informed and believes and thereon alleges that any injuries and damages which Plaintiff may have suffered were proximately caused by the several negligence of named Defendant or the fictitiously named Doe Defendants, or any of them, or others and accordingly, liability for non-economic damages, if any, must be apportioned, reduced, or allocated in direct proportion to that Defendant/person(s) percentage of fault. C.C. §1431.1 et seq.

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that if the Plaintiff was damaged as alleged in the Complaint herein, or at all, said Plamtiff was fully aware of the conditions existing and any risks inherent therein, and knowingly, willingly, intentionally and voluntarily exposed himself to an open, obvious, and apparent

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that if the Plaintiff was damaged as alleged in the Complaint herein, or at all, said Plamtiff was fully aware of the conditions existing and any risks inherent therein, and knowingly, willingly, intentionally and voluntarily exposed himself to an open, obvious, and apparent danger, which was known to and recognized by the Plaintiff, thereby assuming a risk of damage; there- fore, the damages, if any, sustained by Plaintiff, were a result of such risks, which nisks were voluntarily assumed by Plaintiff and bars his recovery in this action.

danger, which was known to and recognized by the Plaintiff, thereby assuming a risk of damage; there- fore, the damages, if any, sustained by Plaintiff, were a result of such risks, which nisks were voluntarily assumed by Plaintiff and bars his recovery in this action.

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff has failed to act reasonably to minimize any loss or harm that it suffered and could have avoided such harm by making reasonable efforts or expenditures.

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that the Complaint is barred by the applicable statutes of limitations, including, but not limited to, any and/or all of the provisions of Code of Civil Procedure Sections 335.1, 337, 337.1, 337.15, 338(a), 338(b), 338(c), 338(d), 339, 340 and/or 343.

WHEREFORE, this answering Defendant prays that Plaintiff take nothing by reason of the Complaint and that this answering Defendant be given judgment for its costs of suit incurred herein, to be incurred, and for such other and further relief as the Court deems just and proper.

Dated: March 6, 2013