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Case 1:05-cv-00495-T-DLM Document 6 Filed 01/11/2006 Page 1 of 4 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND THE NETHERLANDS INSURANCE COMPANY As subrogee of the Elemental Surf and Skate Shop 62 Maple Avenue Keene, NH 0343 1 Plaintiff VS.
ATLANTIC GRILLE, INC
91 Aquidneck Avenue Middletown, RI 02842 And ROBERT SANCHES, as Trustee of Alice Sanches 45 Hillside Avenue Newport, CT 02840 Defendants DEFEMDANT, ATLANTIC GRILLE, INC. 'S ANSWER TO PLAINTIFF'S COMPLAINT The Defendant, Atlantic Grille, Inc. hereby denies each and every allegation set forth herein except as stated below:
THE PARTIES
The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph one ( I ) , and calls upon the Plaintiff to prove the same.
1.
2.
The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph two (2), and calls upon the Plaintiff to prove the same.
3.
The allegations of paragraph three (3) are admitted.
4.
The allegations of paragraph four (4) are admitted.
JURISDICTION AND VENUE
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5.
The allegations of paragraph five ( 3 , can neither be admitted nor denied as they state conclusions of law rather than factual assertions. 6.
The allegations of paragraph six (6), can neither be admitted nor denied as they state conclusions of law rather than factual assertions.
FACTS
The Defendant is without knowledge or information sufficient to form a 7.
belief as to the truth of the averments of paragraph seven (7), and calls upon the Plaintiff to prove the same.
The Defendant is without knowledge or information sufficient to form a 8.
belief as to the truth of the averments of paragraph eight (a), and calls upon the Plaintiff to prove the same.
9.
The allegations of paragraph nine (9) are admitted.
The Defendant is without knowledge or information sufficient to form a 10.
belief as to the truth of the averments of paragraph ten (lo), and calls upon the Plaintiff to prove the same.
The Defendant is without knowledge or information sufficient to form a 11.
belief as to the truth of the averments of paragraph eleven (1 I), and calls upon the Plaintiff to prove the same.
The Defendant is without knowledge or information sufficient to form a 12.
belief as to the truth of the averments of paragraph twelve (12), and calls upon the Plaintiff to prove the same.
The Defendant is without knowledge or information sufficient to form a 13.
belief as to the truth of the averments of paragraph thirteen (13), and calls upon the Plaintiff to prove the same.
The Defendant is without knowledge or information sufficient to form a 14.
belief as to the truth of the averments of paragraph fourteen (14), and calls upon the Plaintiff to prove the same.
The Defendant is without knowledge or information sufficient to form a 15.
belief as to the truth of the averments of paragraph fifteen (15), and calls upon the Plaintiff to prove the same.
The allegations of paragraph sixteen (16), can neither be admitted nor 16.
denied as they state conclusions of law rather than factual assertions.
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Case 1:05-cv-00495-T-DLM Document 6 Filed 01/11/2006 Page 3 of 4 COUNT I; PLAINTIFF V. DEFENDANT, ATLANTIC GRILLE NEGLIGENCE
17. The Defendant realleges and incorporates its answers to paragraphs one
(1) through sixteen (16) of this Answer.
18.
The allegations of Count I, paragraph eighteen (18) are denied. 19.
The allegations of Count I, paragraph nineteen (19) are denied. WHEREFORE, the Defendant demands that the Plaintiff's Complaint be denied and dismissed and the Defendant be awarded its costs and attorneys' fees.
COUNT 11; PLAINTIFF V. DEFENDANT SANCHES
NEGLIGENCE
The Defendant realleges and incorporates its answers to paragraphs one 20.
(1) through nineteen (19) of this Answer.
21.
The Defendant Atlantic Grille, Inc. states that Count 11, paragraph twenty-one (21) of the plaintiff's complaint contains factual allegations against the defendant Robert Sanches, and therefore, no response to said paragraph is required. Insofar as Count I, paragraph twenty-one (21) may be construed to contain factual allegations against the defendant, Atlantic Grille, Inc., the same are denied. The Defendant Atlantic Grille, Inc. states that Count 11, paragraph 22.
twenty-two (22) of the plaintiff's complaint contains factual allegations against the defendant Robert Sanches, and therefore, no response to said paragraph is required. Insofar as Count I, paragraph twenty-two (22) may be construed to contain factual allegations against the defendant, Atlantic Grille, Inc., the same are denied. WHEREFORE, the Defendant demands that the Plaintiff's Complaint be denied and dismissed and the Defendant be awarded its costs and attorneys' fees.
AFFIRMATIVE DEFENSES
First Affirmative Defense The claims arising out of the subject matter of the transactions and occurrences alleged are barred by an absence of legal responsibility on the part of the Defendant.
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Second Affirmative Defense The claims arising out of the subject matter of the transactions and occurrences alleged were the result of the acts or omissions of a third party for whose conduct the Defendant is not legally responsible. Defendant, Atlantic Grille, Inc.
By its attorneys,
Smith @rink, P. C.
One State Street, Suite 400 Providence, RI 02908 Tel: (401) 35 1-9970 Fax: (401) 274-6218 CERTIFICATION Marco Uriati, Esquire Roberts, Carroll, Feldstein & Pierce, Inc. Ten Weybosset St, 8" Floor Providence, RI 02903 Daniel Luccaro, Esquire Cozen & O'Connor 1900 Market Street Philadelphia, PA 19103 I hereby certify that I mailed a true copy of the within to the above-listed day of January, 2006.
attomey(s) on the
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