Fill and Sign the Answer and Defenses to Amended Complaint Form

- 1 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________ ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) ANSWER AND DEFENSES TO PLAINTIFFS' AMENDED COMPLAINT COMES NOW the Defendant, _______________, ("_______________"), by and through its attorneys of record herein, and files this its answer and defenses to the Amended Complaint and for answer says as follows: FIRST DEFENSE Answering the allegations of the Amended Complaint, paragraph by paragraph, this Defendants says as follows: I.1 Admitted based upon information and belief. I.2 Admitted. I.3 Admitted. I.4 This Defendant specifically denies that _______________ acted as the agent of _______________ in the installation of the _____________ home. _______________ affirmatively asserts that _______________ is a distinct corporation and was, in fact, an - 2 - independent contractor retained for the purpose of delivering and installing the _____________________ home. All other allegations contained in this paragraph are admitted.I.5 Admitted based upon information and belief I.6 Admitted. II.7 This Defendant specifically denies that _______________ acted as the agent of _______________ in the installation of the _____________________ home. _______________ affirmatively asserts that _______________ is a distinct corporation and was, in fact, an independent contractor retained for the purpose of delivering and installing the _____________________ home. All other allegations contained in this paragraph are admitted. II.8 _______________ admits that the installation included the setting up of the stairs, but denies that the construction of the stairs was included in the "installation" of the home. II.9 _______________ admits that the stairs were installed parallel to the home. _____________________ objects to the legal conclusion that _____________________ was an agent of _____________________, denies the same, and denies the remaining allegations contained in this paragraph. II.10 Denied. III.11 Denied. III.12 Denied. III.13 Denied. III.14 Denied. IV.15 Denied. V.16 Denied. - 3 - VI.17 _____________________ denies that the stairs are a "necessary component of the overall 'good"', but admits the remaining allegations in the paragraph. VI.18 Denied. VI.19 Denied. VII.20 (a) - (c) Denied. SECOND DEFENSE Any award of punitive damages in this action as sought by the Plaintiff would violate the rights of this Defendant under the Constitution of the United States of America and the Constitution of the State of ____________, including but not limited to those provisions which provide for due process in the avoidance of excessive rules and penalties. Any award of punitive damages against this Defendant without guidelines which meet the minimal require ments of due process would violate the constitutional rights of this Defendant. THIRD DEFENSE The accident and injuries complained of in the Amended Complaint filed herein resulted solely from the negligence of the Plaintiff. FOURTH DEFENSE Alternatively, the Plaintiff's negligence contributed to the cause of accident and any damages should be reduced accordingly. THIS the_____ day of ____________, 20_____. Respectfully submitted, - 4 - Dated: Name: Title: Address: Address: City, State, Zip: Phone: Fax: E-Mail: Attorney No.: CERTIFICATE OF SERVICE I, ______________________________, do hereby certify that I have this day mailed, U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to __________________________________, at the following address; ___________________________________________________________________ THIS the ____ day of _____________, 20____. _________________________________