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HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 032 - Kodiak Answer To Amended ComplaintDISTRICT 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 AMENDED COMPLAINT Defendant Kodiak Field Services, LLC (“Defendant”), by and through its attorneys, Overturf McGath & Hull, P.C., hereby answer Plaintiff’s Amended Complaint (“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: July 13, 2023 1:45 PM FILING ID: 8DD255501CD80 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 7. Paragraph 7 calls for a legal conclusion to which no response is required. To the extent response is required, upon information and belief, Defendants admits Paragraph 7. 8. Paragraph 8 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. 9. Paragraph 9 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 9. 10. Paragraph 10 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 10. 11. Paragraph 11 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 11. 12. Paragraph 12 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 12. 13. Paragraph 13 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 13. 14. Paragraph 14 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 14. 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. Paragraph 16 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 16. 17. Paragraph 17 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 17 of Plaintiff’s Complaint, and as a result, denies same. 18. Paragraph 18 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 18 of Plaintiff’s Complaint, and as a result, denies same. 19. Paragraph 19 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is wit hout sufficient information to admit or deny and therefore denies Paragraph 19. 20. Paragraph 20 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 20. 21. Paragraph 21 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 21. 22. Paragraph 22 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 22. 23. Paragraph 23 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 23. 24. Paragraph 24 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 24. 25. Paragraph 25 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 25. 26. Paragraph 26 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 26. 27. Paragraph 27 calls for a legal conclusion to which no response is required. To the extent response is required, the referenced statute speaks for itself. 28. Paragraph 28 calls for a legal conclusion to which no response is required. To the extent response is required, the referenced statute speaks for itself. 29. Paragraph 29 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 29. 30. Paragraph 30 calls for a legal conclusion to which no response is required. To the extent response is required, Defendant is without sufficient information to admit or deny and therefore denies Paragraph 30. III. GENERAL ALLEGATIONS 31. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 31 of Plaintiff’s Complaint, and as a result, denies same. 32. Upon information and belief, Defendant admits the allegations of paragraph 32. 33. 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. 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. 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. The allegations of paragraph 36 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 36 of Plaintiff’s Complaint, and as a result, denies same. 37. 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. 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. 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. 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 40, 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 40 of Plaintiff’s Complaint, and as a result, denies same. 41. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Par agraph 41 of Plaintiff’s Complaint, and as a result, denies same. 42. Paragraph 42 calls for legal averments to which no response is required. To the extent a 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 of Plaintiff’s Complaint, and as a result, denies same. 43. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 43 of Plaintiff’s Complaint, and as a result, denies same. 44. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 44 of Plaintiff’s Complaint, and as a result, denies same. 45. 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. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 46 of Plaintiff’s Complaint, and as a result, denies same. 47. 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 47, 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 47 of Plaintiff’s Complaint, and as a result, denies same. 48. 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. 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. Defendant is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 50 of Plaintiff’s Complaint, and as a result, denies same. 51. 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. 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 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 of Plaintiff’s Complaint, and as a result, denies same. 54. Paragraph 54 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 54 of Plaintiff’s Complaint, and as a result, denies same. 55. Paragraph 55 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 con tained in Paragraph 55 of Plaintiff’s Complaint, and as a result, denies same. 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. IV. FIRST CLAIM FOR RELIEF (Premises Liability – as against the CITY) 61. Defendant incorporates responses to Paragraphs 1 through 60 of Plaintiff’s Complaint as if fully restated herein. 62. Paragraph 62 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 62. 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 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 of Plaintiff’s Complaint, and as a result, denies same. 65. Paragraph 65 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 65 of Plaintiff’s Complaint, and as a result, denies same. 66. Paragraph 66 contains legal averments to which no response is required. To the extent response is required, Defendant denies 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 c ontained 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 is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 71 of Plaintiff’s Complaint, and as a result, denies same. 72. Paragraph 72, 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 72, including subparts a) through g), and as a result, denies same. V. SECOND CLAIM FOR RELIEF (Premises Liability – as against the C&L) 73. Defendant incorporates responses to Paragraphs 1 through 72 of Plaintiff’s Complaint as if fully restated herein. 74. Paragraph 74 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 74. 75. Paragraph 75 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 75 of Plaintiff’s Complaint, and as a result, denies same. 76. Paragraph 76 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 76 of Plaintiff’s Complaint, and as a result, denies same. 77. Paragraph 77 contains legal averments to which no response is required. To the extent response is required, Defendant denies 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, 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 83, including subparts a) through g), and as a result, denies same. VI. THIRD CLAIM FOR RELIEF (Premises Liability – as against SUNBELT) 84. Defendant incorporates responses to Paragraphs 1 through 83 of Plaintiff’s Complaint as if fully restated herein. 85. Paragraph 85 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 85. 86. Paragraph 86 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 of Plaintiff’s Complaint, and as a result, denies same. 87. Paragraph 87 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 87 of Plaintiff’s Complaint, and as a result, denies same. 88. Paragraph 88 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments of Paragraph 88. 89. Paragraph 89 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 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 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 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 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 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 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 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 is without sufficient information and knowledge to enable it to form a belief as to the veracity of the allegations contained in Paragraph 93 of Plaintiff’s Complaint, and as a result, denies same. 94. Paragraph 94, 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 94, including subparts a) through g), and as a result, denies same. VII. FOURTH CLAIM FOR RELIEF (Premises Liability – as against KODIAK) 95. Defendant incorporates responses to Paragraphs 1 through 94 of Plaintiff’s Complaint as if fully restated herein. 96. Paragraph 96 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 96. 97. Paragraph 97 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 97 of Plaintiff’s Complaint, and as a result, denies same. 98. Paragraph 98 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 98 of Plaintiff’s Complaint, and as a result, denies same. 99. Paragraph 99 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments of Paragraph 99. 100. Paragraph 100 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 100 of Plaintiff’s Complaint, and as a result, denies same. 101. Paragraph 101 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments in Paragraph 101. 102. Paragraph 102 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 102 of Plaintiff’s Complaint, and as a result, denies same. 103. Paragraph 103 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments in Paragraph 103. 104. Paragraph 104 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments in Paragraph 104. 105. Paragraph 105, 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 105, including subparts a) through g). VIII. FIFTH CLAIM FOR RELIEF (Premises Liability – as against BCH) 106. Defendant incorporates responses to Paragraphs 1 through 105 of Plaintiff’s Complaint as if fully restated herein. 107. Paragraph 107 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 107. 108. Paragraph 108 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 108 of Plaintiff’s Complaint, and as a result, denies same. 109. Paragraph 109 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 109 of Plaintiff’s Complaint, and as a result, denies same. 110. Paragraph 110 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments of Paragraph 110. 111. Paragraph 111 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 111 of Plaintiff’s Complaint, and as a result, denies same. 112. Paragraph 112 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 112 of Plaintiff’s Complaint, and as a result, denies same. 113. Paragraph 113 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 113 of Plaintiff’s Complaint, and as a result, denies same. 114. Paragraph 114 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 114 of Plaintiff’s Complaint, and as a result, denies same. 115. Paragraph 115 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 115 of Plaintiff’s Complaint, and as a result, denies same. 116. Paragraph 116, 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 116, including subparts a) through g), and as a result, denies same. IX. SIXTH CLAIM FOR RELIEF (Negligence – as against all Defendants) 117. Defendant incorporates responses to Paragraphs 1 through 116 of Plaintiff’s Complaint as if fully restated herein. 118. Paragraph 118 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 118 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 118 of Plaintiff’s Complaint, and as a result, denies same. To the extent that Paragraph 118 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 118 of Plaintiff’s Complaint, and as a result, denies same. 119. Paragraph 119 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 119 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 119. To the extent that Paragraph 119 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 119 of Plaintiff’s Complaint, and as a result, denies same. 120. Paragraph 120 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 120 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 120. To the extent that Paragraph 120 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 120 of Plaintiff’s Complaint, and as a result, denies same. 121. Paragraph 121 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 121 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 121 and denies that “it failed” to fulfill any legal duty it may have had to the Plaintiff. To the extent that Paragraph 121 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 121 of Plaintiff’s Complaint, and as a result, denies same. 122. Paragraph 122 contains legal averments to which no response is required. To the extent that response is required, and to the extent that Paragraph 122 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 122 and denies that it breached any legal duty it may have had to the Plaintiff. To the extent that Paragraph 122 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 122 of Plaintiff’s Complaint, and as a result, denies same. 123. Paragraph 123 contains legal averments to which no response is required. To the extent response is required, Defendant denies the averments of Paragraph 123. 124. Paragraph 124, 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 124 is directed at Defendant specifically, Defendant denies the allegations contained in Paragraph 124, including subparts a) through g). To the extent that Paragraph 124 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 124, 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 therefore 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 13th day of July 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 AMENDED COMPLAINT was electronically filed in Larimer County District Court via Colorado Courts E-Filing this 13th day of July 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 Andrew W. Callahan Cassie L. Williams Wick & Trautwein, LLC 323 South College Avenue, Suite 3 Fort Collins, CO 80522 Attorney for Defendant City of Fort Collins Jason H. Klein Tamara C. Jordan Susan E. Malcolm Wood, Smith, Henning & Berman LLP 1805 Shea Center Drive, Suite 200 Highlands Ranch, Colorado 80129 Attorneys for Defendant C&L Water Solutions, Inc. Jamey W. Jamison Randee L. Stapp Dino G. Moncecchi Harris, Karstaedt, Jamison & Powers, P.C. 10333 E. Dry Creek Road, Suite 300 Englewood, Colorado 80112 Attorneys for Defendant Sunbelt Rentals 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.