Answering The Complaint

IN THE UNITED STATES territory COURT FOR THE EASTERN DISTRICT OF bit JUSTIN KING - plaintiff v wiener Cuellar - suspect ) ) ) ) ) CASE NO. ___________________ resolving power TO COMPLAINT COMES NOW, the suspect, Frank Cuellar, and hereby answers the Plaintiffs Complaint as follows: I. PARTIES: 1As to split up 1, it is hereby admitted in part. Defendant resides in said county. As for the other allegations, Defendant does non necessitate sufficient knowledge to condition a flavour as to the truth of the allegations, and on that basis, denies the allegations. 2. As to paragraph 2 and 3, it is hereby admitted in part. Defendants company transport was impelled in Ford County, Paxton, Illinois, which passed a motorcycle driven by the Plaintiff.3.As to paragraph 4, it is hereby admitted in part. The Defendant passed the motorcycle in Paxton, Illinois as follows: a. Defendant mustiness blast lights to indicate he wishes to pass. b. The Plaintiff is postulate to sack everyplace if contours allow. c. Part of Defendants shipment did illumine finish truck; however, Plaintiff, could have slowed down, or swerved a varied direction. d. Had the Plaintiff worn protective headgear as required by the State of Missouri, this accident may not have been as sever.

II: AFFIRMATIVE DEFENSES 4.The principle of assumption of assay applies where a person has actual knowledge of a hazardous condition and who, appreciating that danger, freely and voluntarily exposes himself thereto and suffers injury proximately resulting therefrom. (Saeter v. Harley Davidson travel Co., 186 Cal. App. 2d 248 (Cal. Ct. App. 1960) 5. The Plainti ff assumed the risk when he voluntarily res! olute not to wear protective headgear spell operate his motorcycle. 6.The Plaintiff was aware of the risks and chose to disregard it. 7.According to the State of Missouri, Mo. Rev. Stat. § 302.020.3 (2011), it is iniquitous to operate a motorcycle without proper headgear. 8.Plaintiffs winding use of...If you want to get a replete essay, grade it on our website: OrderEssay.net

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