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Home My WebLink About2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 022 - Sunbelt Answer DISTRICT COURT, COUNTY OF LARIMER STATE OF COLORADO Court Address: 201 La Porte Avenue, #100 Fort Collins, CO 80521 COURT USE ONLY _______________________ Case No. 23CV30276 Ctrm./Div. 4C Plaintiff: CHRISTIAN HIGGINS Defendants: CITY OF FORT COLLINS, C&L WATER SOLUTIONS, INC., SUNBELT RENTALS, INC., KODIAK FIELD SERVICES, LLC, and BCH SERVICES, LLC ATTORNEYS FOR DEFENDANT SUNBELT RENTALS Jamey W. Jamison, #10953 Randee L. Stapp, #26202 Dino G. Moncecchi, #45429 Harris, Karstaedt, Jamison & Powers, P.C. 10333 E. Dry Creek Road, Suite 300 Englewood, Colorado 80112 Phone: 720-875-9140 Fax: 720-875-9141 E-mail: jjamison@hkjp.com rstapp@hkjp.com dmoncecchi@hkjp.com ANSWER AND JURY DEMAND OF THE DEFENDANT SUNBELT RENTALS, INC. COMES NOW the Defendant Sunbelt Rentals, Inc., appearing separate and apart from the other named Defendants herein, by and through their counsel, Harris, Karstaedt, Jamison & Powers, P.C., and for its Answer to Plaintiff’s Complaint states and avers as follows: I. ANSWER TO PARTIES 1. This Defendant is without knowledge as to the truth of the allegations contained in paragraphs 1, 3 and 6 of Plaintiff’s Complaint, and therefore at this time denies same. 2. This Defendant admits the allegations contained in paragraphs 2, 4 and 5 of Plaintiff’s Complaint. II. ANSWER TO JURISDICTION AND VENUE 3. This Defendant admits the allegations contained in paragraphs 4 and 5 of Plaintiff’s Complaint. DATE FILED: May 24, 2023 12:48 PM FILING ID: 3E0302B193CDC CASE NUMBER: 2023CV30276 2 4. This Defendant is without knowledge as to the truth of the allegations contained in paragraph 6 of Plaintiff’s Complaint, and therefore at this time denies same. III. ANSWER TO GENERAL ALLEGATIONS 5. This Defendant admits the allegations contained in paragraphs 7, 8, 9, 10, 11, 12 and 13 of Plaintiff’s Complaint. 6. This Defendant denies the allegations in paragraph 14 as directed to this Defendant. This Defendant is without knowledge as to the allegations contained in paragraph 14 directed to the other Defendants, and therefore denies the balance of the allegations contained in paragraph 14 of Plaintiff’s Complaint. 7. This Defendant is without knowledge as to the truth of the allegations contained in paragraphs 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30 and 30a, b, c, d, e, f and g of Plaintiff’s Complaint, and therefore at this time denies same. 8. This Defendant denies the allegations in paragraph 26 as directed to this Defendant. This Defendant is without knowledge as what the other Defendants sho uld have known, and therefore denies the balance of the allegations contained in paragraph 26 of Plaintiff’s Complaint. IV. ANSWER TO FIRST CLAIM FOR RELIEF (Premises Liability – as against the CITY) 9. This Defendant incorporates herein by reference its responses to paragraphs 1-30, in response to paragraph 31 of Plaintiff’s Complaint. 10. This Defendant admits the allegations contained in paragraph 32 of Plaintiff’s Complaint. 11. The allegations contained in paragraphs 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 42a, b, c, d, e, f, and g of Plaintiff’s Complaint do not appear to be directed toward this Defendant. However, to the extent that any of the allegations contained in paragraphs 33 through 42 are directed toward this Defendant, they are denied. V. ANSWER TO SECOND CLAIM FOR RELIEF (Premises Liability – as against C&L) 12. This Defendant incorporates herein by reference its responses to paragraphs 1 -42, in response to paragraph 43 of Plaintiff’s Complaint. 13. This Defendant admits the allegations contained in paragraph 44 of Plaintiff’s Complaint. 3 14. The allegations contained in paragraphs 45, 46, 47, 48, 49, 50, 51, 52, 53 and 53a, b, c, d, e, f, and g of Plaintiff’s Complaint do not appear to be directed toward this Defendant. However, to the extent that any of the allegations contained in paragraphs 45 through 53 are directed towards this Defendant, they are denied. VI. ANSWER TO THIRD CLAIM FOR RELIEF (Premises Liability – as against SUNBELT) 15. This Defendant incorporates herein by reference its responses to paragraphs 1-53, in response to paragraph 54 of Plaintiff’s Complaint. 16. This Defendant admits the allegations contained in paragraph 55 of Plaintiff’s Complaint. 17. This Defendant denies the allegations contained in paragraphs 56, 59, 60, 61, 62, 63, 64 and 64a, b, c, d, e, f, and of Plaintiff’s Complaint. 18. The allegations contained in paragraphs 57 and 58 of Plaintiff’s Complaint call for a legal conclusion to which this Defendant cannot respond. However, to the extent that any of the allegations contained in paragraphs 57 and 58 are directed towards this Defendant, they are denied. VII. ANSWER TO FOURTH CLAIM FOR RELIEF (Premises Liability – as against KODIAK 19. This Defendant incorporates herein by reference its responses to paragraphs 1 -64, in response to paragraph 65 of Plaintiff’s Complaint. 20. This Defendant admits the allegations contained in paragraph 66 of Plaintiff’s Complaint. 21. The allegations contained in paragraphs 67, 68, 69, 70, 71, 72, 73, 74, 75 and 75a, b, c, d, e, f, and g of Plaintiff’s Complaint do not appear to be directed toward this Defendant. However, to the extent that any of the allegations contained in paragraphs 67 through 75 are directed toward this Defendant, they are denied. VIII. ANSWER TO FIFTH CLAIM FOR RELIEF (Premises Liability – as against BCH) 22. This Defendant incorporates herein by reference its responses to paragraphs 1 -75, in response to paragraph 76 of Plaintiff’s Complaint. 4 23. This Defendant admits the allegations contained in paragraph 77 of Plaintiff’s Complaint. 24. The allegations contained in paragraphs 78, 79, 80, 81, 82, 83, 84, 85, 86 and 86a, b, c, d, e, f, and g of Plaintiff’s Complaint do not appear to be directed toward this Defendant. However, to the extent that any of the allegations contained in paragraphs 78 through 86 are directed toward this Defendant, they are denied. IX. ANSWER TO SIXTH CLAIM FOR RELIEF (Negligence – as against all Defendants) 25. This Defendant incorporates herein by reference its responses to paragraphs 1 -86, in response to paragraph 87 of Plaintiff’s Complaint. 26. This Defendant admits that it has a duty to exercise reasonable care to protect against dangers on its property for which it knew of as partially alleged in paragraph 88 of Plaintiff’s Complaint. This Defendant denies the balance of the allegations contained in paragraph 88 of Plaintiff’s Complaint. 27. This Defendant denies the allegations contained in paragraphs 89, 90, 92, 93, 94 and 94a, b, c, d, e, f, and g of Plaintiff’s Complaint. 28. This Defendant is without knowledge as to the truth of the allegations contained in paragraph 91 of Plaintiff’s Complaint, and therefore at this time denies same. V. ANSWER TO PRAYER FOR RELIEF 29. This Defendant denies the requests in the WHEREFORE Clause of Plaintiff’s Complaint. AFFIRMATIVE DEFENSES 1. The Defendant denies each and every allegation not specifically admitted herein. 2. Plaintiff’s Complaint fails to state a claim or cause of action against this Defendant. 3. Plaintiff’s claims and alleged damages, if any, are barred or limited by her comparative fault such that her negligence reduces or bars her recovery from this Defendant. 4. Plaintiff’s alleged damages, if any, are barred or limited by Plaintiff’s failure to mitigate her damages. 5. Plaintiff’s alleged damages, if any, may be the result of pre-existing conditions. 5 6. This Defendant’s fault, if any, is limited by its proportionate share of fault. 7. The injuries, damages and losses, if any, sustained by the Plaintiff may have been caused by the acts, omissions, and/or fault of third parties over whom this Defendant had no control or right of control. 8. Plaintiff’s claims are barred by her assumption of risk on October 8, 2021, the date of her alleged accident. 9. This Defendant reserves the right to assert additional affirmative defenses as appropriate pending discovery action and to withdraw affirmative defenses that cannot be supported after appropriate discovery is performed. WHEREFORE, this Defendant prays that this Court enter an order dismissing Plaintiff’s Complaint with prejudice and award this Defendant its costs, witness fees, attorneys’ fees, and such other and further relief as the court deems just and appropriate. DEFENDANT REQUESTS A TRIAL TO A JURY OF SIX (6) ON ALL ISSUES. Respectfully submitted this 24th day of May, 2023. Original signature on file at office of Harris, Karstaedt, Jamison & Powers, P.C. /s/ Jamey W. Jamison Jamey W. Jamison, #10953 Randee L. Stapp, #26202 Dino G. Moncecchi, #45429 HARRIS, KARSTAEDT, JAMISON & POWERS, P.C. ATTORNEYS FOR SUNBELT RENTALS Defendant Sunbelt Rentals Address: 285 County Road 27 Brighton, CO 80603 6 CERTIFICATE OF SERVICE I certify that on this 24th day of May, 2023, a true and correct copy of the foregoing ANSWER AND JURY DEMAND OF DEFENDANT SUNBELT RENTALS, INC. was served via Colorado Courts E-filing addressed to the following: Karl W. Hager, Esq. VanMeveren Law Group, P.C. 123 N. College Avenue, Suite 112 Fort Collins, CO 80524 Original signature on file at office of Harris, Karstaedt, Jamison & Powers, P.C. /s/ Lorie A. Gettman