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HomeMy WebLinkAbout2023CV30276 - Higgins v. City of Fort Collins, et al. - 024 - Kodiak AnswerDISTRICT COURT, LARIMER COUNTY, COLORADO 201 La Porte Avenue Fort Collins, CO 80521  COURT USE ONLY  Plaintiff: CHRISTIAN HIGGINS, v. Defendants: CITY OF FORT COLLINS, C&L WATER SOLUTIONS, INC. SUNBELT RENTALS, INC., KODIAK FIELD SERVICES, LLC AND BCH SERVICES, LLC Case Number: 2023CV030276 Div.: 4C Attorneys for Defendant Kodiak Field Services, LLC Scott A. Neckers, #43956 Sean T. Conrecode, #52864 Overturf McGath & Hull, P.C. 625 E. 16th Avenue, Suite 100 Denver, Colorado 80203 Telephone: 303-860-2848 Facsimile: 303-860-2869 E-mail: san@omhlaw.com stc@omhlaw.com DEFENDANT KODIAK FIELD SERVICES, LLC‘S ANSWER AND JURY DEMAND TO PLAINTIFF’S COMPLAINT Defendant Kodiak Field Services, LLC (“Defendant”), by and through its attorneys, Overturf McGath & Hull, P.C., hereby answer Plaintiff’s Complaint as follows: I. PARTIES 1. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 1 of Plaintiff’s Complaint, and as a result, denies same. DATE FILED: May 25, 2023 5:09 PM FILING ID: B773CF121159A CASE NUMBER: 2023CV30276 2. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 2 of Plaintiff’s Complaint, and as a result, denies same. 3. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 3 of Plaintiff’s Complaint, and as a result, denies same. 4. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 4 of Plaintiff’s Complaint, and as a result, denies same. 5. Defendant admits the allegations of paragraph 5. 6. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 6 of Plaintiff’s Complaint, and as a result, denies same. II. JURISDICTION AND VENUE 4. Misnumbered Paragraph II. 4., calls for a legal conclusion to which no response is required. To the extent response is required, upon information and belief, Defendants admits Paragraph II., 4. 5. Misnumbered Paragraph II. 5., calls for a legal conclusion to which no response is required. To the extent response is required, Defendant does not contest venue in Larimer County, Colorado. 6. Misnumbered Paragraph II. 6, calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficie nt information to admit or deny and therefore denies Paragraph II., 6. III. GENERAL ALLEGATIONS 7. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 7 of P laintiff’s Complaint, and as a result, denies same. 8. Upon information and belief, Defendant admits the allegations of paragraph 8. 9. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 9 of Plaintiff’s Complaint, and as a result, denies same. 10. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 10 of Plaintiff’s Complaint, and as a result, denies same. 11. Upon information and belief, Defendant admits the allegations of Paragraph 11. 12. Upon information and belief, Defendant admits the allegations of Paragraph 12. 13. The allegations of paragraph 13 are admitted in part as it pertains to Defendant Kodiak, although there was no written contract. Defendant clarifies that Kodiak was hired by Sunbelt and not directly by the City or C&L. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the remaining allegations contained in Paragraph 13 of Plaintiff’s Complaint, and as a result, denies same. 14. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 14 of Plaintiff’s Complaint, and as a result, denies same. 15. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 15 of Plaintiff’s Complaint, and as a result, denies same. 16. Upon information and belief, Welch Street remained open and accessible to motorists, cyclists, and pedestrians on October 8, 2021, at 9:00PM. As it pertains to the other allegations of Paragraph 16, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the remaining allegations contained in Paragraph 16 of Plaintiff’s Complaint, and as a result, denies same. 17. Upon information and belief, Plaintiff rode a bicycle northbound in the 1700 block of Welch Street in Fort Collins, Colorado. As it pertains to the other allegations of Paragraph 17, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the remaining allegations contained in Paragraph 17 of Plaintiff’s Complaint, and as a result, denies same. 18. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 18 of Plaintiff’s Complaint, and as a result, denies same. 19. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 19 of Plaintiff’s Complaint, and as a result, denies same. 20. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 20 of Plaintiff’s Complaint, and as a result, denies same. 21. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 21 of Plaintiff’s Complaint, and as a result, denies same. 22. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 22 of Plaintiff’s Complaint, and as a result, denies same. 23. Paragraph 23 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 23 of Plaintiff’s Complaint, and as a result, denies same. 24. Paragraph 24 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 24 of Plaintiff’s Complaint, and as a result, denies same. 25. Paragraph 25 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 25 of Plaintiff’s Complaint, and as a result, denies same. 26. Paragraph 26 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 26 of Plaintiff’s Complaint, and as a result, denies same. 27. Paragraph 27 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 27 of Plaintiff’s Complaint, and as a result, denies same. 28. Paragraph 28 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 28 of Plaintiff’s Complaint, and as a result, denies same. 29. Paragraph 29 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 29 of Plaintiff’s Complaint, and as a result, denies same. 30. Paragraph 30, including subparts a) through g), contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 30, including subparts a) through g), and as a result, denies same. IV. FIRST CLAIM FOR RELIEF (Premises Liability – as against the CITY) 31. Defendant incorporates responses to Paragraphs 1 through 30 of Plaintiff’s Complaint as if fully restated herein. 32. Paragraph 32 contains legal averments to which no response is required. To the extent response is required, upon information and belief, Defendant admits the averments of Paragraph 32. 33. Paragraph 33 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 33 of Plaintiff’s Complaint, and as a result, denies same. 34. Paragraph 34 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 34 of Plaintiff’s Complaint, and as a result, denies same. 35. Paragraph 35 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 35 of Plaintiff’s Complaint, and as a result, denies same. 36. Paragraph 36 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 36 of Plaintiff’s Complaint, and as a result, denies same. 37. Paragraph 37 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 37 of Plaintiff’s Complaint, and as a result, denies same. 38. Paragraph 38 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 38 of Plaintiff’s Complaint, and as a result, denies same. 39. Paragraph 39 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 39 of Plaintiff’s Complaint, and as a result, denies same. 40. Paragraph 40 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 40 of Plaintiff’s Complaint, and as a result, denies same. 41. Paragraph 41 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 41 of Plaintiff’s Complaint, and as a result, denies same. 42. Paragraph 42, including subparts a) through g), contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 42, including subparts a) through g), and as a result, denies same. V. SECOND CLAIM FOR RELIEF (Premises Liability – as against the C&L) 43. Defendant incorporates responses to Paragraphs 1 through 42 of Plaintiff’s Complaint as if fully restated herein. 44. Paragraph 44 contains legal averments to which no response is required. To the extent response is required, upon information and belief, Defendant admits the averments of Paragraph 44. 45. Paragraph 45 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 45 of Plaintiff’s Complaint, and as a result, denies same. 46. Paragraph 46 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the alle gations contained in Paragraph 46 of Plaintiff’s Complaint, and as a result, denies same. 47. Paragraph 47 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 47 of Plaintiff’s Complaint, and as a result, denies same. 48. Paragraph 48 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 48 of Plaintiff’s Complaint, and as a result, denies same. 49. Paragraph 49 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 49 of Plaintiff’s Complaint, and as a result, denies same. 50. Paragraph 50 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the alle gations contained in Paragraph 50 of Plaintiff’s Complaint, and as a result, denies same. 51. Paragraph 51 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 51 of Plaintiff’s Complaint, and as a result, denies same. 52. Paragraph 52 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 52 of Plaintiff’s Complaint, and as a result, denies same. 53. Paragraph 53, including subparts a) through g), contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 53, including subparts a) through g), and as a result, denies same. VI. THIRD CLAIM FOR RELIEF (Premises Liability – as against SUNBELT) 54. Defendant incorporates responses to Paragraphs 1 through 53 of Plaintiff’s Complaint as if fully restated herein. 55. Paragraph 55 contains legal averments to which no response is required. To the extent response is required, upon information and belief, Defendant admits the averments of Paragraph 55. 56. Paragraph 56 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 56 of Plaintiff’s Complaint, and as a result, denies same. 57. Paragraph 57 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 57 of Plaintiff’s Complaint, and as a result, denies same. 58. Paragraph 58 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 58 of Plaintiff’s Complaint, and as a result, denies same. 59. Paragraph 59 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 59 of Plaintiff’s Complaint, and as a result, denies same. 60. Paragraph 60 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 60 of Plaintiff’s Complaint, and as a result, denies same. 61. Paragraph 61 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 61 of Plaintiff’s Complaint, and as a result, denies same. 62. Paragraph 62 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 62 of Plaintiff’s Complaint, and as a result, denies same. 63. Paragraph 63 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 63 of Plaintiff’s Complaint, and as a result, denies same. 64. Paragraph 64, including subparts a) through g), contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 64, including subparts a) through g), and as a result, denies same. VII. FOURTH CLAIM FOR RELIEF (Premises Liability – as against KODIAK) 65. Defendant incorporates responses to Paragraphs 1 through 64 of Plaintiff’s Complaint as if fully restated herein. 66. Paragraph 66 contains legal averments to which no response is required. To the extent response is required, upon information and belief, Defendant admits the averments of Paragraph 66. 67. Paragraph 67 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 67 of Plaintiff’s Complaint, and as a result, denies same. 68. Paragraph 68 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 68 of Plaintiff’s Complaint, and as a result, denies same. 69. Paragraph 69 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 69 of Plaintiff’s Complaint, and as a result, denies same. 70. Paragraph 70 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 70 of Plaintiff’s Complaint, and as a result, denies same. 71. Paragraph 71 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments in Paragraph 71. 72. Paragraph 72 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 72 of Plaintiff’s Complaint, and as a result, denies same. 73. Paragraph 73 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments in Paragraph 73. 74. Paragraph 74 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments in Paragraph 74. 75. Paragraph 75, including subparts a) through g), contains legal averments to which no response is required. To the extent response is required, Defendant denies the allegations contained in Paragraph 75, including subparts a) through g). VIII. FIFTH CLAIM FOR RELIEF (Premises Liability – as against BCH) 76. Defendant incorporates responses to Paragraphs 1 through 75 of Plaintiff’s Complaint as if fully restated herein. 77. Paragraph 77 contains legal averments to which no response is required. To the extent response is required, upon information and belief, Defendant admits the averments of Paragraph 77. 78. Paragraph 78 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 78 of Plaintiff’s Complaint, and as a result, denies same. 79. Paragraph 79 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 79 of Plaintiff’s Complaint, and as a result, denies same. 80. Paragraph 80 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 80 of Plaintiff’s Complaint, and as a result, denies same. 81. Paragraph 81 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 81 of Plaintiff’s Complaint, and as a result, denies same. 82. Paragraph 82 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 82 of Plaintiff’s Complaint, and as a result, denies same. 83. Paragraph 83 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 83 of Plaintiff’s Complaint, and as a result, denies same. 84. Paragraph 84 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 84 of Plaintiff’s Complaint, and as a result, denies same. 85. Paragraph 85 contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 85 of Plaintiff’s Complaint, and as a result, denies same. 86. Paragraph 86, including subparts a) through g), contains legal averments to which no response is required. To the extent response is required, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 86, including subparts a) through g), and as a result, denies same. IX. SIXTH CLAIM FOR RELIEF (Negligence – as against all Defendants) 87. Defendant incorporates responses to Paragraphs 1 through 86 of Plaintiff’s Complaint as if fully restated herein. 88. Paragraph 88 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 88 is directed at Defendant specifically, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 88 of Plaintiff’s Complaint, and as a result, denies same. To the extent that Paragraph 88 is directed to the other defendants named in this lawsuit, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 88 of Plaintiff’s Complaint, and as a result, denies same. 89. Paragraph 89 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 89 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 89. To the extent that Paragraph 89 is directed to the other defendants named in this lawsuit, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 89 of Plaintiff’s Complaint, and as a result, denies same. 90. Paragraph 90 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 90 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 90. To the extent that Paragraph 90 is directed to the other defendants named in this lawsuit, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 90 of Plaintiff’s Complaint, and as a result, denies same. 91. Paragraph 91 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 91 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 91 and denies that “it failed” to fulfill any legal duty it may have had to the Plaintiff. To the extent that Paragraph 91 is directed to the other defendants named in this lawsuit, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 91 of Plaintiff’s Complaint, and as a result, denies same. 92. Paragraph 92 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 92 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 92 and denies that “it failed” to fulfill any legal duty it may have had to the Plaintiff. To the extent that Paragraph 92 is directed to the other defendants named in this lawsuit, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 92 of Plaintiff’s Complaint, and as a result, denies same. 93. Paragraph 93 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments of Paragraph 93. 94. Paragraph 94, including subparts a) through g), contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 94 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 94, including subparts a) through g). To the extent that Paragraph 94 is directed to the other defendants named in this lawsuit, Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 94, including subparts a) through g), and as a result, denies same. GENERAL DENIAL 1. Defendant denies all remaining allegations found in the Complaint, not expressly admitted herein. 2. Defendant denies any and all allegations of any tortious or wrongful acts or omissions resulting in any damages or losses to Plaintiff. AFFIRMATIVE DEFENSES 1. Plaintiff’s Complaint fails to state a claim against Defendant upon which relief may be granted. 2. Plaintiff’s claims for alleged damages, if any, may be barred or limited and must be determined in accordance with C.R.S. Sections 13-21-101; 13-21-102.5; 13-21-111; 13-21-111.5; 13-21-111.6, 13-21.111.7, and 13-21-115 (the Colorado Premises Liability Act). 3. Plaintiff’s claims for alleged damages, if any, are barred or limited by the doctrine of comparative fault and C.R.S. Section 13-21-111 since Plaintiff’s comparative fault may have been equal or greater than the alleged negligence or liability of Defendant, and the comparative fault of the Plaintiff may have caused her alleged damages, if any. 4. Defendant may be entitled to a set-off for all amounts paid on behalf of the Plaintiff. 5. Plaintiff’s injuries and damages, if any, may have resulted from events occurring after the activities that are the subject of this action and recovery shall th erefore be precluded or diminished as required by law. 6. Plaintiff’s claims for alleged damages, if any, may be limited or barred by Plaintiff’s failure to mitigate her alleged damages. 7. Plaintiff’s damages, if any, were caused by the actions or inactions of third parties whom Defendant did not have the ability to control. 8. In the event a verdict is returned in favor of Plaintiff and against Defendant, Defendant is entitled to a reduction of the damage award, if any, to the extent of any payments made to Plaintiff from a collateral source in accordance with C.R.S. Section 13- 21-111.6. 9. Defendant reserves the right to amend this answer and add additional defenses as warranted by subsequent investigation and ongoing discovery in this lawsuit. 10. Defendant reserves the right to amend to add any additional affirmative defenses that may be supported by the course of discovery in this case. Jury Demand DEFENDANT HEREBY DEMANDS THAT ALL CLAIMS IN THIS ACTION SHALL BE HEARD BY A JURY OF SIX (6). PRAYER FOR RELIEF WHEREFORE, Defendant, having answered Plaintiff's Complaint, prays that the same be dismissed, with prejudice, and that it be awarded its costs of suit, attorney’s fees, and all further relief deemed appropriate by the Court. Respectfully submitted this 25th day of May 2023. OVERTURF McGATH & HULL, P.C. By s/ Scott A. Neckers Scott A. Neckers, #43956 Sean T. Conrecode, #52864 Attorney for Defendant Kodiak Field Services, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT KODIAK FIELD SERVICES, LLC‘S ANSWER AND JURY DEMAND TO PLAINTIFF’S COMPLAINT was electronically filed in Larimer County District Court via Colorado Courts E-Filing this 25th day of May 2023, with service to the following: Karl W. Hager VanMeveren Law Group, O.C. 123 N. College Avenue, Suite 112 Fort Collins, CO 80524 Attorney for Plaintiff Arthur J. Kutzer SGR, LLC 3900 East Mexico Avenue, Suite 700 Denver, CO 80210 Attorneys for Defendant BCH Services, LLC s/ Jessica Pringle In accordance with C.R.C.P. 121, §1-26(7), a printed or printable copy of this document with original, electronic, or scanned signatures is being maintained by the filing party and will be made available for inspection by other parties or the Court upon request.