Forklift Equipment Product Liability Answer 1

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Answer to Amended Complaint

Allied Industrial Equipment Corp., Gary S. Wolfe, #06206002, Landau, Omahana & Kopka P.C., 7912 Bonhomme Avenue, Suite 400, St. Louis, Missouri 63105-1912, (314) 726-2310 Phone, (314) 726-2360 Fax, Attorneys for Defendant.

JURY TRIAL DEMANDED
COUNT I

Defendant, ALLIED INDUSTRIAL EQUIPMENT CORPORATION [hereinafter: “ALLIED”], through its attorneys, Landau, Omahana & Kopka P.C. and Gary S. Wolfe, hereby files its Answer to Count I of the Plaintiff's Amended Complaint.

1. Defendant ALLIED is without sufficient knowledge to admit or deny allegations in this paragraph and, therefore, denies same.

2. Defendant ALLIED is without sufficient knowledge to admit or deny allegations in this paragraph and, therefore, denies same.

3. Defendant ALLIED admits it is a Missouri corporation with its principal place of business in the County of St. Louis and that it does business in the State of Illinois.

4. Defendant ALLIED is without sufficient knowledge to admit or deny allegations in this paragraph and, therefore, denies same.

5. Defendant ALLIED is without sufficient knowledge as to what particular forklift the plaintiff was operating and, therefore, is without sufficient knowledge to admit or deny allegations in this paragraph and must therefore, deny same.

6. Defendant ALLIED is without sufficient knowledge as to what particular forklift the plaintiff was operating and, therefore, is without sufficient knowledge to admit or deny allegations in this paragraph and must therefore, deny same.

7. Defendant ALLIED is without sufficient knowledge as to what particular forklift the plaintiff was operating and, therefore, is without sufficient knowledge to admit or deny allegations in this paragraph and must therefore, deny same.

8. Defendant ALLIED is without sufficient knowledge as to duties of the plaintiff with his employer and, therefore, must deny all allegations in this paragraph.

9. Defendant ALLIED denies all allegations of this paragraph, including subparagraphs (a) - (c).

10. Defendant ALLIED denies all allegations of this paragraph.

11. Defendant ALLIED denies all allegations of this paragraph.

12. Defendant ALLIED denies all allegations of this paragraph.

AFFIRMATIVE DEFENSE

1. Defendant ALLIED reserves its right to plead any affirmative defense supported by facts of this incident once this defendant conducts an investigation into the occurrence giving rise to this Amended Complaint.

WHEREFORE, defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION, having fully answered this Count, prays the Court dismiss Count I of plaintiff's Amended Complaint against defendant ALLIED, award ALLIED its costs and expenses in defending herein, and for such other and further relief as the Court deems just and proper.

COUNT II

Defendant, ALLIED INDUSTRIAL EQUIPMENT CORPORATION [hereinafter: “ALLIED”], through its attorneys, Landau, Omahana & Kopka P.C. and Gary S. Wolfe, hereby files its Answer to Count II of the plaintiff's Amended Complaint.

1. Defendant ALLIED repeats and reasserts its responses to paragraphs 1 through 8 and 10 through 11 of Count I of the plaintiff's Amended Complaint as if fully stated herein and incorporates them by this reference.

2. Defendant ALLIED denies all allegations of this paragraph, including subparagraphs (a) - (e).

3. Defendant ALLIED denies all allegations of this paragraph.

4. Defendant ALLIED denies all allegations of this paragraph.

AFFIRMATIVE DEFENSE

1. Defendant ALLIED reserves its right to plead any affirmative defense supported by facts of this incident once this defendant conducts an investigation into the occurrence giving rise to this Amended Complaint.

WHEREFORE, defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION, having fully answered this Count, prays the Court dismiss Count II of plaintiff's Amended Complaint against defendant ALLIED, award ALLIED its costs and expenses in defending herein, and for such other and further relief as the Court deems just and proper.

COUNT III

Defendant, ALLIED INDUSTRIAL EQUIPMENT CORPORATION [hereinafter: “ALLIED”], through its attorneys, Landau, Omahana & Kopka P.C. and Gary S. Wolfe, hereby files its Answer to Count III of the plaintiff's Complaint.

1. Defendant ALLIED repeats and reasserts its responses to paragraphs 1 through 8 and 10 through 11 of Count I of the plaintiff's Amended Complaint as if fully stated herein and incorporates them by this reference.

2. Defendant ALLIED admits 810 ILCS 5/2-314 is the implied warranty statue in the State of Illinois in regard to sale of goods. Except as expressly admitted, defendant denies all allegations of this paragraph.

3. Defendant ALLIED denies all allegations of this paragraph, including subparagraph (a) - (c).

4. Defendant ALLIED denies all allegations of this paragraph.

5. Defendant ALLIED denies all allegations of this paragraph.

AFFIRMATIVE DEFENSES

1. Count III of plaintiff's Amended Complaint is barred by the applicable Statute of Limitations, 810 ILCS 5/2-725, as the incident giving rise to the plaintiff's cause of action accrued more than four years after the sale and/or tender of delivery of the subject forklift.

2. Defendant ALLIED reserves its right to plead any affirmative defense supported by facts of this incident once this defendant conducts an investigation into the occurrence giving rise to this Amended Complaint.

WHEREFORE, defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION, having fully answered this Count, prays the Court dismiss Count III of plaintiff's Amended Complaint against defendant ALLIED, award ALLIED its costs and expenses in defending herein, and for such other and further relief as the Court deems just and proper.

COUNT IV

Defendant, ALLIED INDUSTRIAL EQUIPMENT CORPORATION [hereinafter: “ALLIED”], through its attorneys, Landau, Omahana & Kopka P.C. and Gary S. Wolfe, hereby files its Answer to Count IV of the plaintiff's Amended Complaint.

1. Defendant ALLIED repeats and reasserts its responses to paragraphs 1 through 8 and 10 through 11 of Count I of the plaintiff's Amended Complaint as if fully stated herein and incorporates them by this reference.

2. Defendant ALLIED is without sufficient knowledge in regard to the particular forklift in issue and, therefore, must deny all allegations of this paragraph.

3. Defendant ALLIED admits 810 ILCS 5/2-315 is a statute in regard to implied warranty for sale of goods in the State of Illinois. Defendant is without sufficient knowledge in regard to the forklift in issue and, therefore, must deny all allegations of this paragraph.

4. Defendant ALLIED denies all allegations of this paragraph including subparagraph (a) - (c).

5. Defendant ALLIED denies all allegations of this paragraph.

6. Defendant ALLIED denies all allegations of this paragraph.

6. (This is the second paragraph numbered 6 in this Complaint)

Defendant ALLIED denies all allegations of this paragraph.

AFFIRMATIVE DEFENSES

1. Count IV of plaintiff's Amended Complaint is barred by the applicable Statute of Limitations, 810 ILCS 5/2-725, as the incident giving rise to the plaintiff's cause of action accrued more than four years after the sale and/or tender of delivery of the subject forklift.

2. Defendant ALLIED reserves its right to plead any affirmative defense supported by facts of this incident once this defendant conducts an investigation into the occurrence giving rise to this Amended Complaint.

WHEREFORE, defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION, having fully answered this Count, prays the Court dismiss Count IV of plaintiff's Amended Complaint against defendant ALLIED, award ALLIED its costs and expenses in defending herein, and for such other and further relief as the Court deems just and proper.

COUNT V

Defendant, ALLIED INDUSTRIAL EQUIPMENT CORPORATION [hereinafter:”ALLIED”], through its attorneys, Landau, Omahana & Kopka P.C. and Gary S. Wolfe, hereby files its Answer to Count V of the plaintiff's Amended Complaint.

1. Defendant ALLIED repeats and reasserts its responses to paragraphs 1 through 8 and 10 through 11 of Count I of the plaintiff's Amended Complaint as if fully stated herein and incorporates them by this reference.

2. Defendant ALLIED is without sufficient knowledge in regard to the particular forklift in issue or literature as alleged in this paragraph and, therefore, must deny all allegations of this paragraph, including subparagraph (a).

3. Defendant ALLIED is without sufficient knowledge in regard to the particular forklift in issue and, therefore, must deny all allegations of this paragraph.

4. Defendant ALLIED denies all allegations of this paragraph.

5. Defendant ALLIED is without sufficient knowledge in regard to the type of use of the forklift in issue by the plaintiff and, therefore, must deny all allegations in this paragraph.

6. Defendant ALLIED denies all allegations in this paragraph.

7. Defendant ALLIED denies all allegations in this paragraph.

8. Defendant ALLIED denies all allegations in this paragraph.

AFFIRMATIVE DEFENSES

1. Count V of plaintiff's Amended Complaint is barred by the applicable Statute of Limitations, 810 ILCS 5/2-725, as the incident giving rise to the plaintiff's cause of action accrued more than four years after the sale and/or tender of delivery of the subject forklift.

2. Defendant ALLIED reserves its right to plead any affirmative defense supported by facts of this incident once this defendant conducts an investigation into the occurrence giving rise to this Amended Complaint.

WHEREFORE, defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION, having fully answered this Count, prays the Court dismiss Count V of plaintiff's Amended Complaint against defendant ALLIED, award ALLIED its costs and expenses in defending herein, and for such other and further relief as the Court deems just and proper.

COUNT VI

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count VI of the plaintiff's Amended Complaint as it is not directed to this defendant. To the extent any allegations in this Count can be construed against defendant ALLIED, they are hereby denied.

COUNT VII

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count VII of the plaintiff's Amended Complaint as it is not directed to this defendant. To the extent any allegations in this Count can be construed against defendant ALLIED, they are hereby denied.

COUNT VIII

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count VIII of the plaintiff's Amended Complaint as it is not directed to this defendant. To the extent any allegations in this Count can be construed against defendant ALLIED, they are hereby denied.

COUNT IX

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count IX of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

COUNT X

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count X of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

COUNT XI

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count XI of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

COUNT XII

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count XII of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

COUNT XIII

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to this Count as it is not directed to this defendant. Defendant ALLIED'S Motion to Dismiss directed to Counts IX through XII and XIV and XV applies to Count XIII, as well, to the extent any allegations of Count XIII are construed against defendant ALLIED.

COUNT XIV

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count XIV of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

COUNT XV

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count XV of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

COUNT XVI

Defendant ALLIED INDUSTRIAL EQUIPMENT CORPORATION makes no Answer to Count XVI of the plaintiff's Amended Complaint and in lieu of Answer, files its Motion to Dismiss directed to this count.

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