Fill and Sign the Answer Defendants Complaint Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. NO.             ,       AND       DEFENDANTS DEFENDANTS' ANSWER AND DEFENSES TO PLAINTIFF'S COMPLAINT COME NOW the Defendants,       ,       and       , through counsel, and respond to the allegations of the Plaintiff's Complaint, paragraph by paragraph, as follows, to - wit: I. INTRODUCTION 1. The Defendants admit that the Plaintiff's Complaint is an action for damages incurred in an automobile accident but deny that the accident occurred due to their negligence. II. JURISDICTION 2. Admitted. III. PARTIES 3. Upon information and belief, admitted. 4. Admitted. 5. The first sentence of paragraph 5 of the Plaintiff's Complaint is admitted. As for the second sentence of paragraph 5 of the Plaintiff's Complaint, the Defendants admit that they signed the driver's license application for their minor son/daughter ,       , and admit that he/she was under the age of       at the time of the accident, but deny the remaining allegations contained in paragraph 5. The Defendants admit that a copy of       driver's license application is attached to the Complaint as Exhibit "A", the terms of which speak for themselves. IV. FACTS 6. Admitted. 7. Admitted. 8. The first sentence of paragraph 8 of the Plaintiff's Complaint is admitted. The second sentence of paragraph 8 is denied. Affirmatively, Defendants would show that       , having a green light, proceeded through the intersection. 9. Denied, except to admit that there was an accident at       involving a vehicle driven by       and a vehicle driven by the Plaintiff. 10. Denied, except to admit that there was an accident at       involving a vehicle driven by       and a vehicle driven by the Plaintiff. 11. The Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 11 of the Plaintiff's Complaint and, therefore, they deny same and demand proof thereof. 12. The Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 11 of the Plaintiff's Complaint and, therefore, they deny same and demand proof thereof. V. CAUSE OF ACTION 13. Denied. 14. Denied. 15. The Defendants deny the Plaintiff's allegations of breach of duty in paragraph 15 of the Plaintiff's Complaint. Defendants admit that the Plaintiff seeks recovery for the alleged injuries identified in paragraph 15 but Defendants deny each and every material allegation seeking to impose liability upon them for past, present and future damages, and deny any and all allegations of negligence. In response to the unnumbered ad damnum paragraph, the Defendants deny that the Plaintiff is entitled to a judgment in the amounts demanded or for any amount whatsoever from any of them, either jointly or severally, and the Defendants further demand to be dismissed with prejudice from this cause of action, with all costs being charged to the Plaintiff. AND NOW, responding affirmatively, the Defendants would show as follows, to - wit: FIRST AFFIRMATIVE DEFENSE Separate Defendant,       , at all times pertinent hereto, operated his/her vehicle in a reasonable and prudent manner and in conformity with all rules of the road and laws of the State of Mississippi. SECOND AFFIRMATIVE DEFENSE The Defendants affirmatively plead and allege that the sole proximate cause or a proximate contributing cause of the accident and the Plaintiff's alleged injuries and damages was the negligence of the Plaintiff who, inter alia, was operating his/her vehicle in a careless and unreasonable manner. Specifically, the Plaintiff's negligence included, but is not limited to, the following: (a) Failure to operate his/her vehicle in a reasonable and prudent manner; (b) Failure to maintain reasonable and proper control of his/her vehicle; (c) Failure to keep a reasonable and proper lookout for other traffic and observe that which should have been seen; (d) Operating his/her vehicle at an excessive rate of speed for the circumstances then and there existing; (e) Failure to exercise reasonable care for his/her own safety and the safety of others in the operation of his/her vehicle under the circumstances existing at the time; (f) Failure to yield the right of way; (g) Running a red light; and (h) Any other acts of negligence revealed in discovery and/or shown at trial. THIRD AFFIRMATIVE DEFENSE Affirmatively, the Defendants would show that on or about             ,       , at approximately       a.m./p.m ,       was driving       . Upon approaching       ,       , who was traveling in       , having a       light, proceeded through the intersection. As separate Defendant       entered the intersection, he/she was struck by a             driven by the Plaintiff. The Plaintiff's truck had been traveling       and failed to stop at the red light. At all times pertinent hereto, separate Defendant       had the right of way and when the Plaintiff failed to stop at his/her red light and entered       , he/she struck separate Defendant       's vehicle and caused the accident. FOURTH AFFIRMATIVE DEFENSE In the alternative, if it is found that separate Defendant       was negligent in some degree, and if it is also found that the Plaintiff was negligent thereby contributing to the proximate cause of his/her alleged damages, if any, then the damages assessed against the Defendants, if any, should be apportioned to the degree of negligence, if any, that the Plaintiff and separate Defendant       contributed to the Plaintiff's damages pursuant to the Mississippi Law of Comparative Negligence. FIFTH AFFIRMATIVE DEFENSE The Defendants deny each and every material allegation of the Complaint by which the Plaintiff seeks to impose liability upon them, either jointly or severally, and the Defendants deny any and all responsibility in the premises. AND NOW, having responded to the allegations of the Plaintiff's Complaint, the Defendants demand to be dismissed with prejudice, and also demand payment of all reasonable and necessary costs in defending this cause of action. RESPECTFULLY SUBMITTED this the       day of       ,       .       ,       and       __________________________________________ BY:             OF COUNSEL: ____________________________________________ CERTIFICATE OF SERVICE I,       , do hereby certify that I have this day mailed, by United States mail, postage prepaid, a true and correct copy of the above and foregoing Defendants' Answer and Defenses to Plaintiff's Complaint to:       This the       day of       ,       . _________________________________________