Answer & counterclaim for ms. geiger
Download as DOCX, PDF2 likes9,836 views
In a legal case in Wake County, the defendant, Cassie Geiger, denies several allegations made by the plaintiff, Molly Carney, and asserts counterclaims for negligence against her. Geiger alleges that Carney's actions caused damage to her vehicle and seeks the dismissal of Carney's claims based on contributory negligence and other defenses. Furthermore, Geiger requests monetary damages and costs related to the accident, as well as the dismissal of the plaintiff's complaint.
Answer & counterclaim for ms. geiger
- 1. STATE OF NORTH CAROLINA, IN THE GENERAL COURT OF JUSTICE COUNTY OF WAKE SUPERIOR COURT DIVISION FILE No. 58942 ANSWER AND COUNTER-CLAIMS NOW comes Defendant, by and through counsel, answering of the Plaintiff by alleging and saying: 1. Lacking sufficient information, the Defendant denies the allegations of Paragraph 1. 2. The Defendant denies the allegations of Paragraphs 2 - 4. 3. Lacking sufficient information, the Defendant denies the allegations of Paragraph 5. 4. The Defendant denies the allegations of Paragraphs 6. 5. The Defendant admits the allegations of Paragraph 7. 6. The Defendant denies the allegations of Paragraph 8 and 9. 7. Lacking sufficient information, the Defendant denies the allegations of Paragraphs 10 – 13. AFFIRMATIVE DEFENSES 8. Defendant realleges all paragraphs of her Answer. 9. Plaintiff’s claims are barred for failing to state a claim upon which relief can be granted. 10. Plaintiff’s claims are barred by Statute of Limitations. 11. Plaintiff’s claims are barred by contributory negligence. MOLLY CARNEY, ) ) Plaintiff/Counter-Defendant, ) ) vs. ) ) CASSIE GEIGER, ) ) Defendant/Counter-Plaintiff. )
- 2. COUNTER-CLAIM Now having answered the Complaint for negligence, the Defendant assumes the role of the Counter-Plaintiff and would state unto the Court as follows: 12. Counter-Plaintiff realleges all paragraphs of her Answer. 13. Counter-Plaintiff alleges that the Counter-Defendant had a duty to the Counter-Plaintiff to operate her vehicle in a safe and reasonable manner at all times to avoid damaging the Counter-Defendant’s vehicle. 14. Counter-Plaintiff alleges that pursuant to N.C. Gen. Stat. § 20-140, the Counter-Defendant negligently breached her duty of care by operating her vehicle in a manner that resulted in damages to the Counter-Plaintiff’s vehicle. 15. Counter-Plaintiff alleges that but for the Counter-Defendant coming to a sudden and unnecessary stop on the highway, that the Counter-Plaintiff’s vehicle would not have been damaged. 16. Counter-Plaintiff alleges that the proximate cause of the damages to her vehicle’s front bumper was the Counter-Defendant’s reckless and willful and wanton operation of her own vehicle. 17. Counter-Plaintiff alleges that the Counter-Defendant’s injuries are inconsistent with a rear- end collision and are pre-existing injuries aggravated by the deployment of the air bag. 18. Counter-Plaintiff alleges that the Complaint be dismissed for failing to state a claim upon which relief can be granted WHEREFORE, Defendant prays that the Court: 1. Dismiss the Counter-Defendant’s Complaint for failing to state a claim upon which relief can be granted.
- 3. 2. Deny the Counter-Defendant’s claims against Counter-Plaintiff due to contributory negligence. 3. Grant the Counter-Plaintiff costs, expenses, and reasonable attorney’s fees pursuant to N.C.G.S § 75-16.1. 4. Award the Counter-Plaintiff special damages of $1,000.00 for out-of-pocket insurance expenses and $100.00 for lost wages due to the accident. 5. Award the Counter-Plaintiff any further relief as the Court may deem proper. VERIFICATION STATEMENT I CASSIE GEIGER, verify that I understands the set forth facts to be true and correct to the best of my knowledge and I expect to be able to prove the same at hearing, if deemed necessary in this matter. I understand that the statements herein are made subject to the penalties relating to unsworn falsification to authorities. This the 23rd day of May 2013. ______________________________ CASSIE GEIGER 568 Newbern Avenue, Apartment 12B Raleigh, NC 27610
- 4. CERTIFICATE OF SERVICE I, ___________________, do hereby certify that a copy of the foregoing Answer and Counterclaim was served upon _____________________ by depositing a copy of it into a U.S. Mail depository, first-class postage prepaid, properly addressed as follows: ___________________________ Michelle Howe, Esq. Dewey, Cheatum, and Howe, LLC 2600 New Bern Avenue, Suite 212 Raleigh, NC 27220 ___________________________ ___________________________ This the 23th day of May, 2013 By: _________________________________ Theresa Schultz, Esq. Attorney for the Defendant 145 Hargett Street Suite 900 Raleigh, NC 27520 919-555-2210 State Bar No.: 1776 SWORN TO AND SUBSCRIBED BEFORE ME This the _____ day of ________, 2012 __________________________________ Notary Public My Commission Expires: ________________ 24th May Kimberly Delacroix 11-24-2015