Fill and Sign the Alabama Personal Injury Form

IN THE CIRCUIT COURT OF __________ COUNTY, ALABAMA _________________ * * Plaintif, * * VS. * CIVIL ACTION NO.: * _________________ * CV-_______________ * Defendant. * ANSWER COMES NOW the defendant, ___________________, in the above-styled case, by and through counsel, and answers plaintiffs complaint as follows: 1. Defendant denies paragraphs ____________ of the Complaint and demands strict proof thereof. 2. Defendant admits paragraphs ___________ of the Complaint. FIRST AFFIRMATIVE DEFENSE (Contributory Negligence) The Plaintiffs injuries and damages, if any, were proximately caused by the Plaintiffs own negligence. SECOND AFFIRMATIVE DEFENSE (Assumption of Risk) The Plaintif is barred from recovering for his/her injuries and damages, if any, because the Plaintif assumed the risk of the activity in which Plaintif was engaged when Plaintif was injured. THIRD AFFIRMATIVE DEFENSE (Unavoidable Accident) The Plaintiffs injuries and damages, if any, were proximately caused by an unavoidable accident, which was due tot he fault of neither the Plaintif nor the Defendant. FOURTH AFFIRMATIVE DEFENSE (Last Clear Chance) The Plaintif failed to take advantage of the last clear chance to avoid the collision of which the Plaintif complains, and Plaintif is therefore barred from recovering anything from Defendant. FIFTH AFFIRMATIVE DEFENSE (Collateral Estoppel) The issue of liability [or other specifed use] was previously decided adversely to the Plaintif [or to ________________, a person in privity with Plaintif], by the _____________ [Circuit, U.S. District, etc.] Court [of ________ County, State of ______________, or for the _____________ District of _____________, etc.], in a case styled ________________ v. _______________, Case number ______________. A certifed copy of the opinion and judgment [or verdict and judgment, or pleadings and judgment, etc.] is/are marked Exhibit “A” and is/are attached hereto and is/are incorporated herein by reference. SEVENTH AFFIRMATIVE DEFENSE (Res Judicata) The Plaintiffs cause of action as stated in the Complaint [or in Count(s) ____________ of the Complaint] is/are barred by the judgment of the _____________ [Circuit, U.S. District, etc.] Court [of ________ County, State of ______________, or for the _____________ District of _____________, etc.], in a case styled ________________ v. _______________, Case number ______________. A certifed copy of the opinion and judgment [or verdict and judgment, or pleadings and judgment, etc.] is/are marked Exhibit “A” and appended hereto and incorporated herein by reference. EIGHTH AFFIRMATIVE DEFENSE (Arbitration and Award) Plaintiffs cause of action is barred by an arbitration and award which Plaintif agreed to participate in and be bound by in the document appended hereto as Exhibit A, which is incorporated herein by reference, and pursuant to which an arbitration hearing was held on the ______ day of _______________, ______, by the Honorable _______________, as arbitrator, who on the ______ day of __________, ________, made an arbitration award in favor of Defendant. A copy of said arbitration award is appended hereto as Exhibit B and which is incorporated herein by reference. NINTH AFFIRMATIVE DEFENSE (Statute of Limitations) The Plaintiffs cause of action is barred by the Statute of Limitations set out in § _________ of the Code of Alabama, 1975 [or _______ U.S.C. § ___________]. TENTH AFFIRMATIVE DEFENSE (Statute of Frauds) The Plaintiffs cause of action as set out in the Complaint [or Count(s) ______ of the Complaint] is/are barred by the Statute of Frauds set out in § 8-9-2 [or § 7-2- 201] of the Code of Alabama, 1975, in that [specify how the Plaintiffs cause is barred under the applicable subsection of the Statute of Frauds]. ELEVENTH AFFIRMATIVE DEFENSE (Foreign Corporationfs Failure to Qualify to do Business in Alabama) The Plaintif is a corporation which is not qualifed to do business in the Sate of Alabama as shown by the attached certifcate from the Secretary of the State of Alabama. The Plaintif is therefore barred from bringing this action by virtue of § 40-14-4 of the Code of Alabama, 1975. TWELFTH AFFIRMATIVE DEFENSE (Illegality) The contract [or other instrument] upon which the Plaintif sues is illegal and unenforceable in that [state why it is illegal]. THIRTEENTH AFFIRMATIVE DEFENSE (Violation of Alabama or federal consumer credit statute) The Plaintif cause is barred in that the contract sued upon violates § 5-19-1 et seq., of the Code of Alabama, 1975 [and/or 15 U.S.C. § 1601 et seq.], in that [explain why the contract violates the statute]. [ Note: See § 1-16 supra, for a sample Complaint asserting a cause of action under these statutes, which by switching the terms “Plaintif” and “Defendant” can be used to plead a counterclaim. The Alabama statute is commonly called the “Mini-Code” and the federal statute is commonly called the “Truth in Lending Act.”] FOURTEENTH AFFIRMATIVE DEFENSE (Failure to give notice required by U.C.C.) The Plaintiffs cause of action, if any, and remedy, if any, are based upon the Alabama Uniform Commercial Code, § _____ of the Code of Alabama, 1975. The Plaintif has failed to give notice of the alleged breach of warranty [or contract] alleged in the Complaint [or in Count _______ of the Complaint]. Plaintiffs said cause of action is therefore barred by § 7-2-607(3) of the Code of Alabama, 1975. FIFTEENTH AFFIRMATIVE DEFENSE (Release) The Plaintiffs cause of action alleged in the Complaint [or in Count _____ of the Complaint] is barred by a release executed by Plaintif on the ____ day of ____________, __________, a copy of which is marked Exhibit A and which is appended hereto and made a part hereof by reference. SIXTEENTH AFFIRMATIVE DEFENSE (Accord and Satisfaction) 1. The Defendant avers that the Plaintiffs claim was compromised, settled, and adjusted by verbal [or written] agreement of the parties on or about the _____ day of ____________, _____, and that Defendant paid to the Plaintif the amount agreed upon. 2. The Defendant afrmatively [pleads an accord and satisfaction of the Plaintiffs claim against the Defendant. SEVENTEENTH AFFIRMATIVE DEFENSE (Payment) The Defendant avers that Defendant paid the Plaintif __________________ Dollars ($______________) as payment in full of Plaintiffs claim on or about ______________, ________. EIGHTEENTH AFFIRMATIVE DEFENSE (Discharge in Bankruptcy) 1. The Plaintiffs claim against Defendant was listed as a scheduled debt of Defendant or claim against the Defendant in Defendantfs petition fled in the United States Bankruptcy Court for the _____________ District of Alabama, in Case No. ___________. 2. Defendant was granted a discharge as to Plaintiffs claim in said Bankruptcy case by an Order dated ___________________ [a copy of which is attached hereto as Exhibit A.] NINETEENTH AFFIRMATIVE DEFENSE (Fraud) The contract [deed or other instrument] upon which the Plaintif sues was procured by fraud on the part of the Plaintif in that [here describe the fraud]. [ Note: Rule 9(b) of the Alabama Rules of Civil Procedure, states in part: “In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.” Thus, the practitioner should allege all facts upon which the contention of fraud is based.] TWENTIETH AFFIRMATIVE DEFENSE (Laches) The Plaintiffs cause of action as set forth in the Complaint [or in Count(s) __________ of the Complaint] is barred by doctrine of laches in that [here set out with particularity the reasons why the doctrine should be invoked by the Court, especially how the Defendant has ben prejudiced]. TWENTY-FIRST AFFIRMATIVE DEFENSE (Undue Infuence) The contract [deed or other instrument] upon which the Plaintif sues was procured by the Plaintif by undue infuence in that Plaintif took unfair advantage of the Defendant [or _____________, a person in privity with the Defendant], and unduly infuenced the Defendant [or _____________, a person in privity with the Defendant] in procuring the contract [deed or other instrument] sued upon in that [here describe the relationship and/or conduct constituting undue infuence]. TWENTY-SECOND AFFIRMATIVE DEFENSE (Duress or Coercion) The contract [deed or other instrument] upon which the Plaintif sues was procured by the Plaintif through duress [and/or coercion], in that [here describe with particularity the conduct which constitutes duress or coercion]. TWENTY-THIRD AFFIRMATIVE DEFENSE (Failure or lack of Consideration) The contract [deed or other instrument] upon which the Plaintif sues is unenforceable [because the consideration failed in that (state reason - e.g., “the check given by Plaintif was dishonored by the bank upon which it was drawn”); or because the Plaintif gave no consideration as contemplated by the said contract (deed or other instrument)] and there was therefore no mutuality of consideration. TWENTY-FOURTH AFFIRMATIVE DEFENSE (License) The Defendantfs use of the Plaintiffs ____________ [state item used - e.g., “patent,” “process,” etc.] was lawful and authorized by virtue of a license [or permit, etc.], a copy of which is appended hereto as Exhibit A and which is incorporated herein by reference. TWENTY-FIFTH AFFIRMATIVE DEFENSE (Unconscionability) The contract upon which the Plaintif sues is subject to the provisions of the Alabama Uniform Commercial Code. Said contract was unconscionable at the time it was made in that [describe why the contract is unconscionable]. Said contract is therefore unenforceable under § 7-2-302 of the Code of Alabama, 1975. _________________________________________ OF COUNSEL: ________________________ CERTIFICATE OF SERVICE I certify that I have on this _____ day of __________, ________, served a copy of the foregoing by mailing same by U. S. Mail, frst class postage prepaid and properly addressed, to the following: (List counsel for all parties) _________________________________________