Fill and Sign the Third Party Answer Mississippi Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. NO.             ,       AND       DEFENDANTS THIRD PARTY DEFENDANT ANSWER AND DEFENSES OF       TO THIRD - PARTY COMPLAINT COMES NOW the Third Party Defendant,       , by and through counsel, and responds to the allegations of the Third - Party Complaint filed against his/her as follows, to - wit: FIRST DEFENSE The Third - Party Complaint fails to state a claim from which relief can be granted against       for negligence; therefore, this claim must be dismissed with prejudice. AND NOW, without waiving his/her previous defense,       , would respond to the allegations of the Third - Party Complaint, paragraph by paragraph, as follows, to - wit: 1. Admitted. 2. The first sentence of paragraph 2 is denied as stated. Affirmatively,       would show that his/her son,       was involved in an automobile accident with a vehicle driven by       , who was acting within the scope of his/her employment, on the date and at the place alleged. The remaining allegations of paragraph 2 are admitted. 3.       admits that he/she signed the driver's license application for his/her minor son,       , and admits that he/she was under the age of       at the time of the accident, but denies the remaining allegations contained in paragraph 3.       admits that a copy of       driver's license application is attached to the Complaint as Exhibit "C", the terms of which speak for themselves. 4. Denied. In response to the unnumbered ad damnum paragraph,       denies that       is entitled to a judgment in the amounts demanded or any amount whatsoever and further denies that he/she is entitled to court costs.       further demands to be dismissed with prejudice as to the allegations of the Third - Party Complaint, with all costs being charged to       d/b/a       . AND NOW responding affirmatively,       would show as follows, to - wit: FIRST AFFIRMATIVE DEFENSE       , 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       affirmatively pleads and alleges that the sole proximate cause or a proximate contributing cause of the accident and       alleged injuries and damages was the negligence of the Plaintiff's employee,       , who, inter alia, was operating his/her vehicle in a careless and unreasonable manner. Specifically,       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,       would show that on or about             ,       , at approximately       a.m/p.m. ,       was driving       . Upon approaching       and       ,       , who was traveling in the       lane of       , having a       light, proceeded through the intersection. As       entered the intersection, he/she was struck by a       truck driven by       .       truck had been traveling       and failed to       . At all times pertinent hereto,       had the       and when       failed to       and entered the       and       , he/she struck       vehicle and caused the accident. FOURTH AFFIRMATIVE DEFENSE In the alternative, if it is found that       was negligent in some degree, and if it is also found that       was negligent thereby contributing to the proximate cause of       alleged damages, if any, then the damages assessed against       , if any, should be apportioned to the degree of negligence, if any, that       and       contributed to       damages pursuant to the Mississippi Law of Comparative Negligence. FIFTH AFFIRMATIVE DEFENSE       denies each and every material allegation of the Complaint by which       seeks to impose liability upon him/her , and further denies any and all responsibility in the premises. SIXTH AFFIRMATIVE DEFENSE As to       , the accident in question was unavoidable due to the actions of       , who was driving a       truck. AND NOW, having responded to the allegations of the Third Party's Complaint,       demands to be dismissed with prejudice, and also demands payment of all reasonable and necessary costs in defending this cause of action. RESPECTFULLY SUBMITTED this the       day of       ,       . BY: _____________________________________       , His/Her Attorney 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 Answer and Defenses to Third - Party Complaint to:       This the       day of       ,       . _____________________________