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HomeMy WebLinkAbout2021CV30613 - JOSHUA HOLOWCZENKO v. LISA N. BUTLER, CITY OF FORT COLLINS, and LORI S. MARTIN - 010 - DEFENDANT'S ANSWER AND JURY DEMAND1 DISTRICT COURT, LARIMER COUNTY, COLORADO Court Address: 201 La Porte Ave. #100 Fort Collins, CO 80521 σ COURT USE ONLY σ Plaintiff(s): JOSHUA HOLOWCZENKO v. Defendant(s): LISA N. BUTLER, an individual, CITY OF FORT COLLINS, a municipal corporation, and LORI S. MARTIN, an individual Case Number: 2021CV30613 Division: 5A Attorney for Defendant Lori S. Martin: Cordia M. Perez, #52324 Stuart S. Jorgensen & Associates 11080 Circle Point Suite 400 Westminster, CO 80020 Telephone: (303) 657-2000 E-mail and FAX Number: Not Designated DEFENDANT LORI S. MARTIN'S ANSWER TO COMPLAINT AND JURY DEMAND Defendant, Lori S. Martin, by and through counsel, Stuart S. Jorgensen & Associates, hereby answers Plaintiff, Joshua Holowczenko’s Complaint as follows: GENERAL DEFENSES, ADMISSIONS AND DENIALS RESPONSE TO FIRST CLAIM FOR RELIEF 1. Defendant Martin admits that an accident occurred on the date and in the location stated, but the remaining allegations of paragraph 1, including all allegations of fault, are denied. 2. Defendant Martin lacks sufficient information as to the truth of the allegations contained in the following paragraphs of the Complaint, and, therefore, those allegations are denied: 2, 3, and 7. 3. The allegations contained in the following paragraphs of the Complaint are admitted: 4, 5, 6, and 9. 4. The allegations in paragraph 8 and 10, are not directed to Defendant Martin, therefore she neither admits nor denies them. To the extent that these allegations may be construed as to require a response from Defendant Martin, they are admitted. DATE FILED: September 14, 2021 2:38 PM FILING ID: A913A027F9EF2 CASE NUMBER: 2021CV30613 2 5. The allegations in paragraph 11 are not directed to Defendant Martin, therefore she neither admits nor denies them. To the extent that these allegations may be construed as to require a response from Defendant Martin, they are denied. RESPONSE TO SECOND CLAIM FOR RELIEF 1. In response to the allegations in paragraph 12, Defendant Martin incorporates her responses to the preceding paragraphs as if fully set forth herein. 2. The allegations in paragraph 13 and 14, are not directed to Defendant Martin, therefore she neither admits nor denies them. To the extent that these allegations may be construed as to require a response from Defendant Martin, they are admitted. 3. The allegations in paragraph 15, 16, and 17 are not directed to Defendant Martin, therefore she neither admits nor denies them. Additionally, Defendant Martin is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the above paragraphs. To the extent that these allegations may be construed as to require a response from Defendant Martin, they are denied. 4. The allegations in paragraph 18 are not directed to Defendant Martin, therefore she neither admits nor denies them. To the extent that these allegations may be construed as to require a response from Defendant Martin, they are denied. RESPONSE TO THIRD CLAIM FOR RELIEF 5. In response to the allegations in paragraph 19, Defendant Martin incorporates her responses to the preceding paragraphs as if fully set forth herein. 6. The allegations contained in the following paragraphs of the Complaint are denied: 20, 21, and 22. 7. Plaintiff bears the burden of establishing each claim and element, including negligence, causation and damages. All allegations and sub-allegations not expressly admitted herein are denied. 8. Defendant reserves the right to amend this Answer in the future to include additional defenses (objections) or admissions as discovery reveals are appropriate. AFFIRMATIVE DEFENSES, MITIGATING CIRCUMSTANCES AND OTHER MATTERS "CONSTITUTING AN AVOIDANCE" UNDER C.R.C.P. 8(c) 1. Plaintiff bears the burden of establishing each claim and element, including negligence, causation and damages. All allegations and sub-allegations not expressly admitted herein are denied. 3 2. The alleged injuries and damages, if any, were proximately caused by the negligence or comparative negligence of Plaintiff, co-defendants, and a non-party. 3. Plaintiffs failed to reasonably mitigate injuries, damages or losses, if any. 4. Defendant, pursuant to the provisions of C.R.S. § 13-21-111.5(3)(b), designates the following person as a nonparty who may be wholly or partially at fault concerning the subject accident and whose conduct should be considered in the above-captioned matter: unknown motorist who reversed from a parking space into Defendant Martin’s lane. It is believed that the evidence at trial, and particularly the testimony of the parties will show that this designated nonparty was at fault. Nothing contained in this notice may be construed as an admission by the defendant of any of the allegations contained in the Complaint. 5. The claims are barred or limited by the collateral source rule of C.R.S. § 13-21-111.6. 6. The Plaintiffs’ damages, if any, are barred or limited by the provisions of C.R.S. § 13-21- 102.5 (limitations on damages for non-economic loss or injury). 7. Defendant reserves the right to assert additional defenses in the future. WHEREFORE, having fully answered the Complaint and all claims for relief set forth therein, Defendant, Lori S. Martin prays for judgment against the Plaintiff and dismissal of all claims with prejudice. Further, Defendant, Lori S. Martin prays for such costs and expenses as may be incurred in this action, for expert witness fees, and for such other relief as the Court deems proper. A TRIAL TO A JURY OF SIX (6) PERSONS IS DEMANDED. Respectfully submitted, Stuart S. Jorgensen & Associates Cordia M. Perez, #52324 Defendant's address: Lori S. Martin 3402 S Eagle St. Unit 103 Aurora, CO 80014 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this 14th day of September 2021 served a true and correct copy of the foregoing DEFENDANT LORI S. MARTIN'S ANSWER TO COMPLAINT AND JURY DEMAND upon the following by Electronic Filing: Michael P. Fossenier, Esq. Law Office of Michael Fossenier, LLC 4100 E. Mississippi Ave. Suite 1900 Denver, CO 80246 Jeremy R. Rosenthal, Esq. The Law Firm of Jeremy Rosenthal 4100 E. Mississippi Avenue Suite 1900 Denver, CO 80246 Ryan Carter