HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 031 - Sunbelt Answer To Amended Complaint
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. TO
PLAINTIFF’S FIRST AMENDED COMPLAINT
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 First Amended Complaint (hereinafter
“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.
DATE FILED: July 12, 2023 10:35 AM
FILING ID: A29F2F7462501
CASE NUMBER: 2023CV30276
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II. ANSWER TO JURISDICTION AND VENUE
3. This Defendant admits the allegations contained in paragraphs 7 and 8 of
Plaintiff’s Complaint.
4. This Defendant is without knowledge as to the truth of the allegations contained
in paragraph 9, 10, 11, and 29 of Plaintiff’s Complaint, and therefore at this time denies same.
5. Paragraphs 13, 22, 23, 26, 27, and 28 are legal conclusions to which no response
is required; to the extent a response is deemed required, these paragraphs are denied.
6. This Defendant denies the allegations contained in paragraph 12, 14, 15, 16, 17,
18, 19, 20, 21, 24, and 30.
7. The allegations contained in paragraph 25 of Plaintiff’s Complaint do not appear
to be directed toward this Defendant. However, to the extent that any of the allegations
contained in paragraph 25 are directed toward this Defendant, they are denied.
III. RESPONSE TO GENERAL ALLEGATIONS
8. This Defendant is without knowledge as to the truth of the allegations contained
in paragraphs 31, 32, 33, 34, 35, 37, 38, 39, 40, 41 (a)(b)(c)(d)(e)(f), 43, 44, 45, 47, 50, 51, 52, of
Plaintiff’s Complaint, and therefore at this time denies same.
9. This Defendant admits that C&L subcontracted with Sunbelt to assist with sewer
remediation work as partially alleged in Paragraph 36. This Defendant, however, is without
knowledge as to the truth of the balance of the allegations in Paragraph 36 and therefore denies
same.
9. Paragraph 42 of Plaintiff’s Complaint are legal conclusions to which no response
is required; to the extent a response to these paragraphs is deemed required, these paragraphs are
denied.
10. This Defendant denies the allegations in paragraphs 46, 48, 49, 53, 54, 55, 56, 57,
58, 59, and 60 of Plaintiff’s Complaint.
IV. ANSWER TO FIRST CLAIM FOR RELIEF
(Premises Liability – as against the CITY)
11. This Defendant incorporates herein by reference its responses to paragraphs 1-60,
in response to paragraph 61 of Plaintiff’s Complaint.
12. This Defendant admits the allegations contained in paragraph 62 of Plaintiff’s
Complaint.
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13. The allegations contained in paragraphs 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, and
72 a, 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 63
through 72 are directed toward this Defendant, they are denied.
V. ANSWER TO SECOND CLAIM FOR RELIEF
(Premises Liability – as against C&L)
14. This Defendant incorporates herein by reference its responses to paragraphs 1 -72,
in response to paragraph 73 of Plaintiff’s Complaint.
15. This Defendant admits the allegations contained in paragraph 74 of Plaintiff’s
Complaint.
16. The allegations contained in paragraphs 75, 76, 77, 78, 79, 80, 81, 82, 83, and
83a, 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 75
through 83 are directed towards this Defendant, they are denied.
VI. ANSWER TO THIRD CLAIM FOR RELIEF
(Premises Liability – as against SUNBELT)
17. This Defendant incorporates herein by reference its responses to paragraphs 1 -83,
in response to paragraph 84 of Plaintiff’s Complaint.
18. This Defendant admits the allegations contained in paragraph 85 of Plaintiff’s
Complaint.
19. This Defendant denies the allegations contained in paragraphs 86, 89, 90, 91, 92,
93, 94, and 94 a, b, c, d, e, f, and g of Plaintiff’s Complaint.
20. The allegations contained in paragraphs 87 and 88 of Plaintiff’s Complaint are
legal conclusions to which no response is required; to the extent a response to these paragraphs is
deemed required, these paragraphs are denied.
VII. ANSWER TO FOURTH CLAIM FOR RELIEF
(Premises Liability – as against KODIAK
21. This Defendant incorporates herein by reference its responses to paragraphs 1 -94,
in response to paragraph 95 of Plaintiff’s Complaint.
22. This Defendant admits the allegations contained in paragraph 96 of Plaintiff’s
Complaint.
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23. The allegations contained in paragraphs 97, 98, 99, 100, 101, 102, 103, 104, 105
and 105a, 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 97
through 105 are directed toward this Defendant, they are denied.
VIII. ANSWER TO FIFTH CLAIM FOR RELIEF
(Premises Liability – as against BCH)
24. This Defendant incorporates herein by reference its responses to paragraphs 1-
105, in response to paragraph 106 of Plaintiff’s Complaint.
25. This Defendant admits the allegations contained in paragraph 107 of Plaintiff’s
Complaint.
26. The allegations contained in paragraphs 108, 109, 110, 111, 112, 113, 114, 115,
116 and 116a, 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 108
through 116 are directed toward this Defendant, they are denied.
IX. ANSWER TO SIXTH CLAIM FOR RELIEF
(Negligence – as against all Defendants)
27. This Defendant incorporates herein by reference its responses to paragraphs 1-
116, in response to paragraph 117 of Plaintiff’s Complaint.
28. 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 118 of
Plaintiff’s Complaint. This Defendant denies the balance of the allegations contained in
paragraph 118 of Plaintiff’s Complaint.
29. This Defendant denies the allegations contained in paragraphs 119, 120, 122, 123,
124 and 124a, b, c, d, e, f, and g of Plaintiff’s Complaint.
30. This Defendant is without knowledge as to the truth of the allegations contained
in paragraph 121 of Plaintiff’s Complaint, and therefore at this time denies same.
V. ANSWER TO PRAYER FOR RELIEF
31. 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.
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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.
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 enters 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 12th day of July, 2023.
Defendant Sunbelt Original signature on file at office of
Rentals Address: Harris, Karstaedt, Jamison & Powers, P.C.
285 County Road 27
Brighton, CO 80603 /s/ Randee L. Stapp
____________________________________
Jamey W. Jamison, No. 10953
Randee L. Stapp, No. 26202
Dino G. Moncecchi, No. 45429
ATTORNEYS FOR SUNBELT RENTALS, INC.
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CERTIFICATE OF SERVICE
I certify that on this 12th day of July, 2023, a true and correct copy of the foregoing
ANSWER AND JURY DEMAND OF THE DEFENDANT SUNBELT RENTALS, INC.
TO PLAINTIFF’S FIRST AMENDED COMPLAINT was electronically filed 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
Attorneys for Plaintiff
Andrew W. Callahan, Esq.
Cassie L. Williams, Esq.
Wick & Trautwein, LLC
323 South College Ave., Suite 3
Fort Collins, CO 80522
Attorneys for City of Fort Collins
Arthur J. Kutzer, Esq.
SGR, LLC
3900 East Mexico Ave., Suite 700
Denver, CO 80210
Attorneys for BCH Services, LLC
Scott A. Neckers, #43956
Sean T. Conrecode, #52864
Overturf McGath & Hull, P.C.
625 E. 16th Ave., Suite 100
Denver, CO 80203
Attorneys for Kodiak Field
Services, LLC
Jason H. Klein, Esq.
Tamara C. Jordan, Esq.
Susan E. Malcom, Esq.
Wood, Smith, Henning & Berman LLP
1805 Shea Center Drive, Suite 200
Highlands Ranch, CO 80129
Attorneys for C&L Water Solutions, Inc.
Original signature on file at office of
Harris, Karstaedt, Jamison & Powers, P.C.
/s/ C. Kentner