Answer cross claim
- 1. Krista Port STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: WRD Carole Burns, trustee for the next of ) kin of Edmund Burns, decedent, and ) Carol Burns, individually, ) ) Plaintiffs, ) ) vs. ) ANSWER AND CROSS CLAIM ) Harry’s Cement Mix, Inc., a Minnesota ) Corporation, and Clifford Marcus, ) ) Court File No. 00-276 Defendants. ) Defendant Clifford Marcus, for his answer to the Complaint of the Plaintiffs herein, states as follows: I. He admits paragraphs I, II, III, V, and IX of Plaintiffs’ Complaint. II. He denies paragraph IV of Plaintiffs’ Complaint. III. He denies that he was negligent as alleged in paragraph VI of said Complaint. IV. He is without sufficient information to form a belief as to the truth or falsity of Plaintiffs’ allegation as to Plaintiff Edmund Burns being injured as found in paragraph VI, and puts Plaintiffs’ to their proof thereof.
- 2. V. He is without sufficient information to form a belief as to the truth or falsity of paragraphs VII, VIII, IX, and X and puts Plaintiffs to their proof thereof; and further states that in the event Plaintiffs suffered damages as alleged, such damages were the result of the negligence of Plaintiff Edmund Burns. VI. Except as admitted or otherwise qualified herein, Defendant Clifford Marcus denies each and every allegation in said Complaint contained. CROSS CLAIM Defendant Clifford Marcus, for his cross claim against Harry’s Cement Mix Inc., states and alleges as follows: I. That at the time and place referred to in Plaintiffs’ Complaint, this answering Defendant was in the course and scope of his employment with Defendant, Harry’s Cement Mix, Inc., and as a result of his employment, he is entitled to indemnity and/or contribution for the payment of any damages adjourned against him on behalf of Plaintiffs from Defendant, Harry’s Cement Mix Inc. WHEREFORE, Defendant Clifford Marcus prays for judgment as follows: 1. Dismissing the Complaint of the Plaintiffs against this answering defendant. 2 D:ConFacconversion16825506answercrossclaim-130228021223-phpapp01.docx
- 3. 2. In the event Plaintiffs are awarded judgment against this answering Defendant, he is entitled to judgment against Defendant, Harry’s Cement Mix, Inc., for indemnity and/or contribution thereof. 3. For such other and further relief as to the Court may deem just and equitable. STEPHENS, BOWEN & JANSEN ____________________________________ Mavis M. Pattee Attorney for Plaintiff 1601 Jefferson Street Alexandria, MN 56308 Tele: (320) 762-4516 Atty. Reg. No. 77-7777 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Clifford Marcus, being duly sworn, deposes and states that he is the defendant and the cross claimant in the above entitled action, that he has read the foregoing answer and cross claim, and that every statement contained therein is within his personal knowledge and is true and correct. ____________________________________ Clifford Marcus Subscribed and sworn to before me this 14th day of February 2012. ____________________________________ Notary Public The party(ies) upon whose behalf this pleading is submitted, by and through the undersigned, hereby acknowledge(s) that sanctions may be imposed for a violation of Minn. Stat. Section 549.211. ____________________________________ Mavis M. Pattee Attorney for Defendant Clifford Marcus 3 D:ConFacconversion16825506answercrossclaim-130228021223-phpapp01.docx