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STATE OF CONNECTICUT
DOCKET NO.: FBT-CV22-6113982-S SUPERIOR COURT
J.D. OF FAIRFIELD
THOMAS TOMKO and DEBORAH TOMKO AT BRIDGEPORT
Plaintiffs,
v. APRIL 6, 2022
UNION CARBIDE CORPORATION,
individually and as successor to Amchem
Corporation, Benjamin Foster Company and
the Bakelite Company, et al.,
Defendants.
ANSWER OF DEFENDANT CLEAVER-BROOKS, INC.
TO PLAINTIFFS’ COMPLAINT AND CROSS CLAIMS
Defendant Cleaver-Brooks, Inc., by its attorney, hereby responds to the Plaintiffs’ Complaint
(hereinafter “Complaint”) and each count therein, as follows:
COUNT I
1. Defendant Cleaver-Brooks, Inc. (hereinafter “Cleaver-Brooks”) lacks sufficient
information upon which to admit or deny the allegations contained in Paragraph 1 of the Plaintiffs’
Complaint. The defendant, Cleaver-Brooks, denies the remaining allegations contained in Paragraph 1
of the Plaintiffs’ Complaint to the extent that they pertain to Cleaver-Brooks.
2. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the
allegations contained in Paragraph 2 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks,
denies the remaining allegations contained in Paragraph 2 of the Plaintiffs’ Complaint to the extent that
they pertain to Cleaver-Brooks.
3. Defendant Cleaver-Brooks admits that it has conducted business in the state of
Connecticut. The defendant, Cleaver-Brooks, denies all other remaining allegations contained in
Paragraph 3 of the Plaintiffs’ Complaint.
3a. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the
allegations contained in Paragraph 3a of the Plaintiffs’ Complaint.
4. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the
allegations contained in Paragraph 4 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks,
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denies the remaining allegations contained in Paragraph 4 of the Plaintiffs’ Complaint to the extent that
they pertain to Cleaver-Brooks.
5. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the
allegations contained in Paragraph 5 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks,
denies the remaining allegations contained in Paragraph 5 of the Plaintiffs’ Complaint to the extent that
they pertain to Cleaver-Brooks.
6. Defendant Cleaver-Brooks denies the allegations in Paragraph 6 of the Plaintiffs’
Complaint.
7. Defendant Cleaver-Brooks denies the allegations in Paragraph 7 of the Plaintiffs’
Complaint.
7a. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the
allegations contained in Paragraph 7a of the Plaintiffs’ Complaint.
8. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the
allegations contained in Paragraph 8 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks,
denies the remaining allegations contained in Paragraph 8 of the Plaintiffs’ Complaint to the extent that
they pertain to Cleaver-Brooks.
9. Defendant Cleaver-Brooks denies the allegations in Paragraph 9 of the Plaintiffs’
Complaint.
10. Defendant Cleaver-Brooks denies the allegations in Paragraph 10 of the Plaintiffs’
Complaint.
11[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 11 of the
Plaintiffs’ Complaint.
12[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 12 of the
Plaintiffs’ Complaint.
13[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 13 of the
Plaintiffs’ Complaint.
14[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 14 of the
Plaintiffs’ Complaint.
15a-d[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraphs 15 of the
Plaintiffs’ Complaint.
16. Defendant Cleaver-Brooks denies the allegations in Paragraph 16 of the Plaintiffs’
Complaint.
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17[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 17 of the
Plaintiffs’ Complaint.
18[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 18 of the
Plaintiffs’ Complaint.
19[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 19 of the
Plaintiffs’ Complaint.
20[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 20 of the
Plaintiffs’ Complaint.
21[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 21 of the
Plaintiffs’ Complaint.
22[sic]. his paragraph contains conclusions of law to which no response is required.
In the event that a response is required, Defendant Cleaver-Brooks denies the allegations in
Paragraph 22[sic].
WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the
relief requested.
COUNT II
1-23[sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the
allegations contained in Paragraph 1 through Paragraph 23 of the Plaintiffs’ Complaint as if set forth
fully herein.
24[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 24 of the
Plaintiffs’ Complaint.
25[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 25 of the
Plaintiffs’ Complaint.
26[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 26 of the
Plaintiffs’ Complaint.
27[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 27 of the
Plaintiffs’ Complaint.
28[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 28 of the
Plaintiffs’ Complaint.
29[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 29 of the
Plaintiffs’ Complaint.
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WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief
requested.
COUNT III
1-28 [sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the
allegations contained in Paragraph 1 through Paragraph 28 of the Plaintiffs’ Complaint as if set forth
fully herein.
29 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 29 of the
Plaintiffs’ Complaint.
30 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 30 of the
Plaintiffs’ Complaint.
31 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 31 of the
Plaintiffs’ Complaint.
32 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 32 of the
Plaintiffs’ Complaint.
33 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 33 of the
Plaintiffs’ Complaint.
34 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 34 of the
Plaintiffs’ Complaint.
35 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 35 of the
Plaintiffs’ Complaint.
36 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 36 of the
Plaintiffs’ Complaint.
37 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 37 of the
Plaintiffs’ Complaint.
38 a-l [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 38 of the
Plaintiffs’ Complaint.
39 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 39 of the
Plaintiffs’ Complaint.
WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief
requested.
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COUNT IV
1-28 [sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the
allegations contained in Paragraph 1 through Paragraph 28 of the Plaintiffs’ Complaint as if set forth
fully herein.
29 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 29 of the
Plaintiffs’ Complaint.
30 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 30 of the
Plaintiffs’ Complaint.
31 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 31 of the
Plaintiffs’ Complaint.
32 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 32 of the
Plaintiffs’ Complaint.
33 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 33 of the
Plaintiffs’ Complaint.
34 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 34 of the
Plaintiffs’ Complaint.
35 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 35 of the
Plaintiffs’ Complaint.
36 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 36 of the
Plaintiffs’ Complaint.
37 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 37 of the
Plaintiffs’ Complaint.
38 a-l [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 38 of the
Plaintiffs’ Complaint.
39 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 39 of the
Plaintiffs’ Complaint.
WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief
requested.
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COUNT IV
1-39 [sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the
allegations contained in Paragraph 1 through Paragraph 39 of the Plaintiffs’ Complaint as if set forth
fully herein.
40. Defendant Cleaver-Brooks denies the allegations in Paragraph 40 of the Plaintiffs’
Complaint.
WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief
requested.
AFFIRMATIVE DEFENSES
FIRST DEFENSE
This defendant denies each and every material allegation of the complaint except as specifically
admitted.
SECOND DEFENSE
This defendant denies that the plaintiffs are entitled to the damages claimed or to the relief
demanded.
THIRD DEFENSE
This defendant states that the causes of action alleged in Plaintiffs’ Complaint did not accrue
nor were brought within the time limited by Statute for commencement of such actions.
FOURTH DEFENSE
This defendant states that the Court lacks personal jurisdiction over the defendant pursuant to
applicable statutes.
FIFTH DEFENSE
This defendant states that the Court lacks subject matter jurisdiction over the causes of action
alleged in Plaintiffs’ Complaint pursuant to applicable statutes.
SIXTH DEFENSE
This defendant states that the Plaintiffs’ Complaint fails to state causes of action for conspiracy,
sale by fraud or deceit, negligence, breach of warranty, strict tort liability, market share liability,
wrongful death, reckless conduct, loss of consortium, and exemplary or punitive damages upon which
relief could be granted.
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The defendant therefore moves, that this Court order that the Plaintiffs’ Complaint be
dismissed, with prejudice, and further that this Court order the plaintiffs to pay the defendants’ costs
and reasonable attorneys' fees.
SEVENTH DEFENSE
This defendant states the plaintiffs have failed to join a party or parties necessary for a just
adjudication of this matter and has further omitted to state any reasons for such failure.
EIGHTH DEFENSE
This defendant states that process and/or service of process is insufficient.
NINTH DEFENSE
This defendant denies the applicability of the doctrine of strict liability in tort to this litigation.
TENTH DEFENSE
This defendant states that the plaintiffs willingly, knowingly, and voluntarily assumed the risk
of the alleged illnesses and injuries for which relief is sought in this matter.
ELEVENTH DEFENSE
This defendant states that the Plaintiffs’ claims against this defendant are barred because
damages or losses experienced, if any, were not due to any act or failure to act of this defendant, but
were caused solely by the acts of a third-party or parties for whose acts or failure to act this defendant is
not responsible.
TWELFTH DEFENSE
This defendant states that the plaintiffs were not in the exercise of due care, but rather the
negligence of the plaintiffs contributed to or caused the injury or damage complained of, wherefore, the
recovery of the plaintiffs is barred in whole or in part, or is subject to diminution.
THIRTEENTH DEFENSE
This defendant states that the injuries and damage complained of were caused in whole or in
part by the negligence of the plaintiffs or their servants or agents, such that he is guilty of contributory
negligence.
FOURTEENTH DEFENSE
This defendant states that the plaintiffs were guilty of contributory negligence and that damages,
if any, recovered by the plaintiffs from the defendant should be reduced in proportion to the said
negligence of the plaintiffs.
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FIFTEENTH DEFENSE
This defendant states that the negligence of the plaintiffs was greater than the alleged
negligence of the defendant and that such negligence of the plaintiffs contributed to his alleged injury
and therefore, the plaintiffs are barred from recovery.
SIXTEENTH DEFENSE
This defendant gave no warranties, express or implied, to the plaintiffs or to anyone acting on
his behalf.
SEVENTEENTH DEFENSE
This defendant states that any claim the plaintiffs may have based on alleged breaches of
express or implied warranties (allegations which the defendant specifically denies) is barred because
the plaintiffs were not in privity of contract with the defendant.
EIGHTEENTH DEFENSE
This defendant states that if there were express or implied warranties as alleged in the
complaint, allegations which the defendant specifically denies, the plaintiffs was not within the scope
of any such alleged warranties because he was not a purchaser, and no sale to the plaintiffs ever
occurred of any product sold or distributed by the defendant.
NINETEENTH DEFENSE
This defendant states that if the defendant, its agents or servants made any warranties, express
or implied, (allegations which the defendant specifically denies) then the defendant denies that it
breached any of the warranties.
TWENTIETH DEFENSE
This defendant states that the plaintiffs were not a third party beneficiary with reference to any
alleged warranties, either express or implied, and therefore, the plaintiffs cannot recover in this action.
TWENTY-FIRST DEFENSE
This defendant states that if it were liable, negligent or in breach of any warranty, all of which it
expressly denies, the defendant's liability in any of all of those events has been terminated by the
intervening acts, omissions, or negligence of others for whose conduct the defendant is not legally
responsible.
TWENTY-SECOND DEFENSE
The defendant states that the plaintiffs’ employer or employers were negligent with respect to
the matters set forth in the complaint, that such negligence caused in whole or in part whatever disease,
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injury or disability, if any, which plaintiffs may have sustained, as set forth in the complaint, and that
plaintiffs received workmen's compensation benefits from their employer or employers.
Therefore, even if plaintiffs are entitled to recover against the defendant, which defendant
specifically denies, he is not entitled to recover in the amount set forth in the complaint because
defendant is entitled to set off any and allow the aforesaid workmen's compensation payments against
any judgment which might be rendered in the Plaintiffs’ favor.
TWENTY-THIRD DEFENSE
This defendant states that the Plaintiffs’ claims are barred by estoppel or waiver.
TWENTY-FOURTH DEFENSE
This defendant denies that any product manufactured or sold by this defendant caused any
injury to the plaintiffs.
TWENTY-FIFTH DEFENSE
The defendant states that at all times and places mentioned in the Complaint, the plaintiffs
and/or other persons used this answering defendant's products, if indeed any were used, in an
unreasonable manner, not reasonably foreseeable to this defendant, and for a purpose for which the
products were not intended, manufactured, or designed; Plaintiffs’ injuries and damages, if any, were
directly and proximately caused by said misuse and abuse, and Plaintiffs’ recovery herein, if any, is
barred or must be diminished in proportion to the fault attributable to the plaintiffs and/or such other
parties and persons.
TWENTY-SIXTH DEFENSE
The defendant states that if it supplied any asbestos product, either directly or indirectly, to the
plaintiffs’ employer, this product was supplied in accordance with specifications established and
promulgated by that employer, agencies or departments of the United States of America, other persons
and/or entities.
TWENTY-SEVENTH DEFENSE
This defendant states that at all relevant times hereto, the state of medical and scientific
knowledge and the state of the art or the design and manufacture of asbestos-containing products was
such that the defendant neither knew nor should have known that its products presented a significant
risk of harm to the plaintiffs.
TWENTY-EIGHTH DEFENSE
This defendant states that since the plaintiffs are unable to identify the supplier of the asbestos
which allegedly caused injury to the plaintiffs, he fails to state a cause of action upon which relief can
be granted, since, if such relief was granted, it would contravene this defendant's constitutional rights to
substantive and procedural due process of law as preserved by the 14th Amendment to the United
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States Constitution and by the applicable provision of the State Constitution and would contravene
defendant's constitutional rights to protection against the taking of property for public use without just
compensation as preserved by the aforesaid constitutional provisions.
TWENTY-NINTH DEFENSE
This defendant states that the plaintiffs have released, settled, entered into an accord and
satisfaction or otherwise compromised his claims herein, and accordingly, said claims are barred by
operation of law.
THIRTIETH DEFENSE
This defendant states that if the plaintiffs have heretofore settled or should hereafter settle for
any of their alleged injuries and damages with any parties, then the defendant is entitled to a credit in
the amount of said settlement.
THIRTY-FIRST DEFENSE
This defendant states that the complaint fails to state a claim upon which relief can be granted to
the extent that it seeks punitive or exemplary damages, which are not recoverable under applicable law.
THIRTY-SECOND DEFENSE
This defendant states that there was no negligence, gross negligence, willful, wanton, or
malicious misconduct, reckless indifference or reckless disregard of the rights of the plaintiffs, or
malice (actual, legal or otherwise) on the part of this defendant as to the plaintiffs herein.
THIRTY-THIRD DEFENSE
This defendant states that any exposure of the plaintiffs to this defendant's product or products,
which exposure the defendant vigorously denies, was so minimal as to be insufficient to establish a
reasonable degree of probability that the product or products caused his claimed injuries.
THIRTY-FOURTH DEFENSE
This defendant states that the plaintiffs are guilty of laches in bringing this action and is
therefore barred from recovery.
THIRTY-FIFTH DEFENSE
This defendant states that the end users of the product knew or reasonably should have known
of the product’s dangers and, therefore, the defendant cannot be liable for failure to warn.
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THIRTY-SIXTH DEFENSE
This defendant states that as a bulk supplier of the product it reasonably relied on purchasers or
intermediaries to warn of risk or hazards associated with the product, and, therefore, defendant cannot
be liable for failure to warn.
ANSWER TO CROSS-CLAIMS
Defendant Cleaver-Brooks, Inc. hereby denies each and every allegation contained in any cross-
claims or cross-complaints which may be asserted against it, refers all questions of law to the Court and
leaves cross-claim Plaintiffs to his proof.
Respectfully submitted,
Defendant,
Cleaver-Brooks, Inc.,
By its attorneys,
__________________________
Adam C. Martin, Juris # 428558
Cetrulo LLP
Two Seaport Lane, 10th Floor
Boston, MA 02110
(617) 217-5500
(617) 217-5200 (facsimile)
CERTIFICATION
This is to certify that a copy of the foregoing was e-mailed to all defense counsel of record and
mailed this 6th day of April, 2022, via U.S. Mail, postage prepaid, to the following:
Christopher Meisenkothen
Early, Lucarelli, Sweeney, & Meisenkothen, LLC
One Century Tower, 11th Fl
265 Church Street
New Haven, CT 06508-1866
________________________
Adam C. Martin
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STATE OF CONNECTICUT DOCKET NO.: FBT-CV22-6113982-S SUPERIOR COURT J.D. OF FAIRFIELD THOMAS TOMKO and DEBORAH TOMKO AT BRIDGEPORT Plaintiffs, v. APRIL 6, 2022 UNION CARBIDE CORPORATION, individually and as successor to Amchem Corporation, Benjamin Foster Company and the Bakelite Company, et al., Defendants. ANSWER OF DEFENDANT CLEAVER-BROOKS, INC. TO PLAINTIFFS’ COMPLAINT AND CROSS CLAIMS Defendant Cleaver-Brooks, Inc., by its attorney, hereby responds to the Plaintiffs’ Complaint (hereinafter “Complaint”) and each count therein, as follows: COUNT I 1. Defendant Cleaver-Brooks, Inc. (hereinafter “Cleaver-Brooks”) lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 1 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks, denies the remaining allegations contained in Paragraph 1 of the Plaintiffs’ Complaint to the extent that they pertain to Cleaver-Brooks. 2. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 2 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks, denies the remaining allegations contained in Paragraph 2 of the Plaintiffs’ Complaint to the extent that they pertain to Cleaver-Brooks. 3. Defendant Cleaver-Brooks admits that it has conducted business in the state of Connecticut. The defendant, Cleaver-Brooks, denies all other remaining allegations contained in Paragraph 3 of the Plaintiffs’ Complaint. 3a. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 3a of the Plaintiffs’ Complaint. 4. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 4 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks, 1 denies the remaining allegations contained in Paragraph 4 of the Plaintiffs’ Complaint to the extent that they pertain to Cleaver-Brooks. 5. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 5 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks, denies the remaining allegations contained in Paragraph 5 of the Plaintiffs’ Complaint to the extent that they pertain to Cleaver-Brooks. 6. Defendant Cleaver-Brooks denies the allegations in Paragraph 6 of the Plaintiffs’ Complaint. 7. Defendant Cleaver-Brooks denies the allegations in Paragraph 7 of the Plaintiffs’ Complaint. 7a. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 7a of the Plaintiffs’ Complaint. 8. Defendant Cleaver-Brooks lacks sufficient information upon which to admit or deny the allegations contained in Paragraph 8 of the Plaintiffs’ Complaint. The defendant, Cleaver-Brooks, denies the remaining allegations contained in Paragraph 8 of the Plaintiffs’ Complaint to the extent that they pertain to Cleaver-Brooks. 9. Defendant Cleaver-Brooks denies the allegations in Paragraph 9 of the Plaintiffs’ Complaint. 10. Defendant Cleaver-Brooks denies the allegations in Paragraph 10 of the Plaintiffs’ Complaint. 11[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 11 of the Plaintiffs’ Complaint. 12[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 12 of the Plaintiffs’ Complaint. 13[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 13 of the Plaintiffs’ Complaint. 14[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 14 of the Plaintiffs’ Complaint. 15a-d[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraphs 15 of the Plaintiffs’ Complaint. 16. Defendant Cleaver-Brooks denies the allegations in Paragraph 16 of the Plaintiffs’ Complaint. 2 17[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 17 of the Plaintiffs’ Complaint. 18[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 18 of the Plaintiffs’ Complaint. 19[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 19 of the Plaintiffs’ Complaint. 20[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 20 of the Plaintiffs’ Complaint. 21[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 21 of the Plaintiffs’ Complaint. 22[sic]. his paragraph contains conclusions of law to which no response is required. In the event that a response is required, Defendant Cleaver-Brooks denies the allegations in Paragraph 22[sic]. WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief requested. COUNT II 1-23[sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the allegations contained in Paragraph 1 through Paragraph 23 of the Plaintiffs’ Complaint as if set forth fully herein. 24[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 24 of the Plaintiffs’ Complaint. 25[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 25 of the Plaintiffs’ Complaint. 26[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 26 of the Plaintiffs’ Complaint. 27[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 27 of the Plaintiffs’ Complaint. 28[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 28 of the Plaintiffs’ Complaint. 29[sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 29 of the Plaintiffs’ Complaint. 3 WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief requested. COUNT III 1-28 [sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the allegations contained in Paragraph 1 through Paragraph 28 of the Plaintiffs’ Complaint as if set forth fully herein. 29 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 29 of the Plaintiffs’ Complaint. 30 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 30 of the Plaintiffs’ Complaint. 31 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 31 of the Plaintiffs’ Complaint. 32 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 32 of the Plaintiffs’ Complaint. 33 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 33 of the Plaintiffs’ Complaint. 34 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 34 of the Plaintiffs’ Complaint. 35 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 35 of the Plaintiffs’ Complaint. 36 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 36 of the Plaintiffs’ Complaint. 37 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 37 of the Plaintiffs’ Complaint. 38 a-l [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 38 of the Plaintiffs’ Complaint. 39 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 39 of the Plaintiffs’ Complaint. WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief requested. 4 COUNT IV 1-28 [sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the allegations contained in Paragraph 1 through Paragraph 28 of the Plaintiffs’ Complaint as if set forth fully herein. 29 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 29 of the Plaintiffs’ Complaint. 30 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 30 of the Plaintiffs’ Complaint. 31 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 31 of the Plaintiffs’ Complaint. 32 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 32 of the Plaintiffs’ Complaint. 33 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 33 of the Plaintiffs’ Complaint. 34 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 34 of the Plaintiffs’ Complaint. 35 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 35 of the Plaintiffs’ Complaint. 36 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 36 of the Plaintiffs’ Complaint. 37 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 37 of the Plaintiffs’ Complaint. 38 a-l [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 38 of the Plaintiffs’ Complaint. 39 [sic]. Defendant Cleaver-Brooks denies the allegations in Paragraph 39 of the Plaintiffs’ Complaint. WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief requested. 5 COUNT IV 1-39 [sic]. Defendant Cleaver-Brooks repeats and incorporates herein its responses to the allegations contained in Paragraph 1 through Paragraph 39 of the Plaintiffs’ Complaint as if set forth fully herein. 40. Defendant Cleaver-Brooks denies the allegations in Paragraph 40 of the Plaintiffs’ Complaint. WHEREFORE, Defendant Cleaver-Brooks denies that the Plaintiffs are entitled to the relief requested. AFFIRMATIVE DEFENSES FIRST DEFENSE This defendant denies each and every material allegation of the complaint except as specifically admitted. SECOND DEFENSE This defendant denies that the plaintiffs are entitled to the damages claimed or to the relief demanded. THIRD DEFENSE This defendant states that the causes of action alleged in Plaintiffs’ Complaint did not accrue nor were brought within the time limited by Statute for commencement of such actions. FOURTH DEFENSE This defendant states that the Court lacks personal jurisdiction over the defendant pursuant to applicable statutes. FIFTH DEFENSE This defendant states that the Court lacks subject matter jurisdiction over the causes of action alleged in Plaintiffs’ Complaint pursuant to applicable statutes. SIXTH DEFENSE This defendant states that the Plaintiffs’ Complaint fails to state causes of action for conspiracy, sale by fraud or deceit, negligence, breach of warranty, strict tort liability, market share liability, wrongful death, reckless conduct, loss of consortium, and exemplary or punitive damages upon which relief could be granted. 6 The defendant therefore moves, that this Court order that the Plaintiffs’ Complaint be dismissed, with prejudice, and further that this Court order the plaintiffs to pay the defendants’ costs and reasonable attorneys' fees. SEVENTH DEFENSE This defendant states the plaintiffs have failed to join a party or parties necessary for a just adjudication of this matter and has further omitted to state any reasons for such failure. EIGHTH DEFENSE This defendant states that process and/or service of process is insufficient. NINTH DEFENSE This defendant denies the applicability of the doctrine of strict liability in tort to this litigation. TENTH DEFENSE This defendant states that the plaintiffs willingly, knowingly, and voluntarily assumed the risk of the alleged illnesses and injuries for which relief is sought in this matter. ELEVENTH DEFENSE This defendant states that the Plaintiffs’ claims against this defendant are barred because damages or losses experienced, if any, were not due to any act or failure to act of this defendant, but were caused solely by the acts of a third-party or parties for whose acts or failure to act this defendant is not responsible. TWELFTH DEFENSE This defendant states that the plaintiffs were not in the exercise of due care, but rather the negligence of the plaintiffs contributed to or caused the injury or damage complained of, wherefore, the recovery of the plaintiffs is barred in whole or in part, or is subject to diminution. THIRTEENTH DEFENSE This defendant states that the injuries and damage complained of were caused in whole or in part by the negligence of the plaintiffs or their servants or agents, such that he is guilty of contributory negligence. FOURTEENTH DEFENSE This defendant states that the plaintiffs were guilty of contributory negligence and that damages, if any, recovered by the plaintiffs from the defendant should be reduced in proportion to the said negligence of the plaintiffs. 7 FIFTEENTH DEFENSE This defendant states that the negligence of the plaintiffs was greater than the alleged negligence of the defendant and that such negligence of the plaintiffs contributed to his alleged injury and therefore, the plaintiffs are barred from recovery. SIXTEENTH DEFENSE This defendant gave no warranties, express or implied, to the plaintiffs or to anyone acting on his behalf. SEVENTEENTH DEFENSE This defendant states that any claim the plaintiffs may have based on alleged breaches of express or implied warranties (allegations which the defendant specifically denies) is barred because the plaintiffs were not in privity of contract with the defendant. EIGHTEENTH DEFENSE This defendant states that if there were express or implied warranties as alleged in the complaint, allegations which the defendant specifically denies, the plaintiffs was not within the scope of any such alleged warranties because he was not a purchaser, and no sale to the plaintiffs ever occurred of any product sold or distributed by the defendant. NINETEENTH DEFENSE This defendant states that if the defendant, its agents or servants made any warranties, express or implied, (allegations which the defendant specifically denies) then the defendant denies that it breached any of the warranties. TWENTIETH DEFENSE This defendant states that the plaintiffs were not a third party beneficiary with reference to any alleged warranties, either express or implied, and therefore, the plaintiffs cannot recover in this action. TWENTY-FIRST DEFENSE This defendant states that if it were liable, negligent or in breach of any warranty, all of which it expressly denies, the defendant's liability in any of all of those events has been terminated by the intervening acts, omissions, or negligence of others for whose conduct the defendant is not legally responsible. TWENTY-SECOND DEFENSE The defendant states that the plaintiffs’ employer or employers were negligent with respect to the matters set forth in the complaint, that such negligence caused in whole or in part whatever disease, 8 injury or disability, if any, which plaintiffs may have sustained, as set forth in the complaint, and that plaintiffs received workmen's compensation benefits from their employer or employers. Therefore, even if plaintiffs are entitled to recover against the defendant, which defendant specifically denies, he is not entitled to recover in the amount set forth in the complaint because defendant is entitled to set off any and allow the aforesaid workmen's compensation payments against any judgment which might be rendered in the Plaintiffs’ favor. TWENTY-THIRD DEFENSE This defendant states that the Plaintiffs’ claims are barred by estoppel or waiver. TWENTY-FOURTH DEFENSE This defendant denies that any product manufactured or sold by this defendant caused any injury to the plaintiffs. TWENTY-FIFTH DEFENSE The defendant states that at all times and places mentioned in the Complaint, the plaintiffs and/or other persons used this answering defendant's products, if indeed any were used, in an unreasonable manner, not reasonably foreseeable to this defendant, and for a purpose for which the products were not intended, manufactured, or designed; Plaintiffs’ injuries and damages, if any, were directly and proximately caused by said misuse and abuse, and Plaintiffs’ recovery herein, if any, is barred or must be diminished in proportion to the fault attributable to the plaintiffs and/or such other parties and persons. TWENTY-SIXTH DEFENSE The defendant states that if it supplied any asbestos product, either directly or indirectly, to the plaintiffs’ employer, this product was supplied in accordance with specifications established and promulgated by that employer, agencies or departments of the United States of America, other persons and/or entities. TWENTY-SEVENTH DEFENSE This defendant states that at all relevant times hereto, the state of medical and scientific knowledge and the state of the art or the design and manufacture of asbestos-containing products was such that the defendant neither knew nor should have known that its products presented a significant risk of harm to the plaintiffs. TWENTY-EIGHTH DEFENSE This defendant states that since the plaintiffs are unable to identify the supplier of the asbestos which allegedly caused injury to the plaintiffs, he fails to state a cause of action upon which relief can be granted, since, if such relief was granted, it would contravene this defendant's constitutional rights to substantive and procedural due process of law as preserved by the 14th Amendment to the United 9 States Constitution and by the applicable provision of the State Constitution and would contravene defendant's constitutional rights to protection against the taking of property for public use without just compensation as preserved by the aforesaid constitutional provisions. TWENTY-NINTH DEFENSE This defendant states that the plaintiffs have released, settled, entered into an accord and satisfaction or otherwise compromised his claims herein, and accordingly, said claims are barred by operation of law. THIRTIETH DEFENSE This defendant states that if the plaintiffs have heretofore settled or should hereafter settle for any of their alleged injuries and damages with any parties, then the defendant is entitled to a credit in the amount of said settlement. THIRTY-FIRST DEFENSE This defendant states that the complaint fails to state a claim upon which relief can be granted to the extent that it seeks punitive or exemplary damages, which are not recoverable under applicable law. THIRTY-SECOND DEFENSE This defendant states that there was no negligence, gross negligence, willful, wanton, or malicious misconduct, reckless indifference or reckless disregard of the rights of the plaintiffs, or malice (actual, legal or otherwise) on the part of this defendant as to the plaintiffs herein. THIRTY-THIRD DEFENSE This defendant states that any exposure of the plaintiffs to this defendant's product or products, which exposure the defendant vigorously denies, was so minimal as to be insufficient to establish a reasonable degree of probability that the product or products caused his claimed injuries. THIRTY-FOURTH DEFENSE This defendant states that the plaintiffs are guilty of laches in bringing this action and is therefore barred from recovery. THIRTY-FIFTH DEFENSE This defendant states that the end users of the product knew or reasonably should have known of the product’s dangers and, therefore, the defendant cannot be liable for failure to warn. 10 THIRTY-SIXTH DEFENSE This defendant states that as a bulk supplier of the product it reasonably relied on purchasers or intermediaries to warn of risk or hazards associated with the product, and, therefore, defendant cannot be liable for failure to warn. ANSWER TO CROSS-CLAIMS Defendant Cleaver-Brooks, Inc. hereby denies each and every allegation contained in any cross- claims or cross-complaints which may be asserted against it, refers all questions of law to the Court and leaves cross-claim Plaintiffs to his proof. Respectfully submitted, Defendant, Cleaver-Brooks, Inc., By its attorneys, __________________________ Adam C. Martin, Juris # 428558 Cetrulo LLP Two Seaport Lane, 10th Floor Boston, MA 02110 (617) 217-5500 (617) 217-5200 (facsimile) CERTIFICATION This is to certify that a copy of the foregoing was e-mailed to all defense counsel of record and mailed this 6th day of April, 2022, via U.S. Mail, postage prepaid, to the following: Christopher Meisenkothen Early, Lucarelli, Sweeney, & Meisenkothen, LLC One Century Tower, 11th Fl 265 Church Street New Haven, CT 06508-1866 ________________________ Adam C. Martin 11