HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 037 - Bch Answer To First Amended ComplaintDISTRICT COURT, LARIMER COUNTY,
COLORADO
Larimer County Justice Center
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
____________________________________________
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
_____________________________________________
Attorneys for Defendant BCH Services, LLC
Attorney: Arthur J. Kutzer, #18878
Address: SGR, LLC
3900 East Mexico Avenue, Suite 700
Denver, CO 80210
Telephone: (303) 320-0509
Facsimile: (303) 320-0210
E-mail: akutzer@sgrllc.com
COURT USE ONLY
_____________________________
Case Number: 2023CV30276
Ctrm/Div: 4C
ANSWER TO FIRST AMENDED COMPLAINT AND JURY DEMAND
Defendant, BCH SERVICES, LLC, by and through attorneys, SGR, LLC, hereby answers
and responds to Plaintiff’s First Amended Complaint as follows:
1. Defendant admits the allegations contained in paragraph 6 of Plaintiff’s Amended
Complaint.
2. Defendant is without sufficient information and knowledge so as to form a belief as
to the truth and veracity of the allegations contained in paragraphs 1 through 5, 14, 15, 31 through
40, 43-45, and 47-53 of Plaintiff’s Amended Complaint, and therefore denies the same.
DATE FILED: August 3, 2023 1:27 PM
FILING ID: 92B2D25CEB0D0
CASE NUMBER: 2023CV30276
3. With respect to the allegations in the Plaintiff’s Amended Complaint in paragraphs
7 through 13, 16 through 30, 41, 42, 46, and 54 through 124, these allegations assert legal
conclusions for which no response is required.
4. Any allegation not specifically admitted is denied.
AFFIRMATIVE DEFENSES
The Rules of Civil Procedure require every defendant to plead potential Affirmative
Defenses at the time the Answer is filed, or risk a determination the potential Affirmative Defenses
are waived, even though no disclosures have been exchanged, and no right of discovery exists, at
the time the Answer is filed. Therefore, the following Affirmative Defenses are necessarily pled
based only on information and belief. Defendant reserves the right to seek leave to add, withdraw,
and/or modify Affirmative Defenses once disclosures are exchanged, discovery is received, or
other information is obtained. In identifying the following as “Affirmative Defenses”, Defendant
do not imply that the burden of proof or of going forward with evidence has shifted, as that is a
matter for Court determination.
1. Plaintiff may not be a real party in interest.
2. Plaintiff’s injuries, if any, may have been the result of and caused by the actions of
third parties over whom Defendant had no control, nor right of control and Defendant is entitled
to apportionment of fault among all parties and currently unknown non-parties responsible for the
alleged conditions.
3. Plaintiff’s claims against Defendant are barred and otherwise limited by the
Colorado Premises Liability Act, C.R.S. § 13-21-115, which provides the exclusive remedy for
injuries alleged due to conditions on real property.
4. Plaintiff’s claims may be subject to C.R.S. § 13-21-102.5, limitation on damages.
5. Based on the allegations in Plaintiff’s Complaint, Plaintiff’s claims may be subject
to C.R.S. § 13-21-111, comparative fault, C.R.S. § 13-21-111.7, and assumption of risk.
6. Plaintiff’s claims may be subject to C.R.S. § 13-21-111.6, reduction of damages for
payment from a collateral source.
7. Plaintiff may have failed to mitigate his alleged damages, if any.
8. Plaintiff’s claim against this defendant is groundless and frivolous entitled
defendant to an award of costs and attorneys fees.
9. Defendant reserves the right to amend the Answer and assert additional affirmative
defenses as this case progresses.
DEFENDANT HEREBY DEMANDS TRIAL TO A JURY OF SIX PERSONS ON
ALL ISSUES JOINED HEREIN.
Respectfully submitted,
SGR, LLC
By: /s/ Arthur J. Kutzer
Arthur J. Kutzer, #18878
Attorneys for Defendant
BCH Services, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 3rd day of August, 2023, a true and correct copy of
the above and foregoing was electronically filed and served via Colorado Courts E-Filing system
to:
Karl W. Hager
VanMeveren Law Group, P.C.
123 N. College Avenue, Suite 112
Fort Collins, CO 80524
Attorneys for Plaintiff
/s/ Tammy Stephenson
Legal Secretary
01532188.DOC