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32'CV'17'105
32-CV-17-105
Filed in Fifth Judicial District Court
6/22/2017 4:38 PM
Jackson County, MN
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF JACKSON FIFTH JUDICIAL DISTRICT
Court File Number:
Deng Chairakoun,
Plaintiff,
vs. ANSWER, CROSSCLAIM AND
COUNTERCLAIM 0F
David M. Sorensen, DEFENDANTS JOHNSON AND
Grant R. Sorensen, QUIRING TRUCKING, LLC
Scott D. Johnson and
Quiring Trucking, LLC
Defendants.
***********1r*********************'k**********************t******************************************'k
Comes now, defendants. Scott D. Johnson and Quiring Truck, LLC. and for their
answer to the Complaint of plaintiff. allege and state:
Deny each and every matter and thing alleged in plaintiff's Complaint except as
admitted herein.
Specifically deny they were guilty of any carelessness. negligence or other
unlawful conduct.
That any injuries or damages sustained by plaintiff were due to, caused by and
solely the result of plaintiff's own carelessness, negligence or other unlawful conduct.
IV
Allege that any injuries or damages sustained by the plaintiff were solely the
result of conduct on the part of the third persons over whom these answering
defendants had no control and for whose conduct these answering defendants are not
responsible or liable.
32'CV'17'105
32-CV-17-105
Filed in Fifth Judicial District Court
6/22/2017 4:38 PM
Jackson County, MN
V
Allege that any injury or damage sustained by plaintiff was the result of an
unavoidable incident.
V|
That even if these answering defendants are guilty of negligence. which is
specifically denied, their conduct did not cause any harm to plaintiff but rather plaintiff‘s
damages were the result of his own conduct which intervened between any conduct of
these answering defendants and plaintiff's injuries and superseded it;and plaintiff’s
injuries were solely and directly caused by his own conduct.
VII
Deny that plaintiff’s Complaint states a cause of action by reason of the fact that
plaintiff herein has failed to meet the prerequisites necessary to bring a negligence
action pursuant to the provisions of Minnesota Chapter 653, as amended.
VIII
That these answering defendants are without information sufficient to form a
belief as to the nature and extent of plaintiff's injuries and damages and therefore deny
plaintiffs allegations in respect thereto.
CROSSCLAIM
As and for itscrossclaim against defendants, Grant R. Sorensen and David M.
Sorensen, defendants Scott D. Johnson and Quiring Trucking, LLC allege and state:
That claim has been made and suit has been brought by the above-named
plaintiff against the above-named defendants, in which plaintiff claims that all
defendants were negligent in causing a motor vehicle accident on December 31, 2013
as more fully set forth in plaintiff’s Complaint which has been served on all parties.
That defendants Johnson and Quiring Trucking. LLC have denied liability to
plaintiff, all as more fully set forth in their Answer incorporated hereinabove.
That defendants Johnson and Quiring Trucking, LLC allege that they are not
liable to plaintiff but assert in the alternative that if they are found liable to plaintiff, their
liability would only be secondary, passive, vicarious, indirect or at most, concurrent.
2
32'CV'17'105
32-CV-17-105
Filed in Fifth Judicial District Court
6/22/2017 4:38 PM
Jackson
Jackson County,
County, MN
IV
Whereas defendants Grant R. Sorensen and David M. Sorensen are guilty of
negligence, all of which was the actual, direct, primary and sole cause of any damages
sustained by plaintiff.
V
That in the event that defendants Johnson and Quiring Trucking, LLC are found
liable to plaintiff, which liability is expressly denied, then and in that event, defendants
Johnson and Quiring Trucking, LLC would be entitled to indemnification and/or contribu-
tion or such other relief as is just and equitable under the laws of the State of Minnesota
against defendants Grant R. Sorensen and David M. Sorensen.
COUNTERCLAIM
As and for its counterclaim against plaintiff, defendants Johnson and Quiring
Trucking, LLC allege and state:
|
That a claim has been made and suit brought by plaintiff against defendants
Johnson and Quiring Trucking, LLC claiming negligence on their behalf all as more fully
set forth in the plaintiff's Complaint.
That defendants Johnson and Quiring Trucking, LLC have denied liability to
plaintiff all as more fully set forth in their Answer incorporated herein.
That defendants Johnson and Quiring Trucking, LLC allege that they are not
liable to pIaintiff in that plaintiff was negligent in the operation of his motor vehicle
resulting in damage to defendants Johnson and Quiring Trucking, LLC’s vehicle.
WHEREFORE defendants Johnson and Quiring Trucking, LLC deny liability to
plaintiff and pray that plaintiff take nothing against them by his pretended claim for relief
herein; and they further pray that in the event they are found liable to plaintiff, which
liability is expressly denied, then in that event they demand judgment against
defendants Grant R. Sorensen and David M. Sorensen for contribution, indemnity or
such other relief as is just and equitable under the laws of Minnesota; and defendants
Johnson and Quiring Trucking, LLC make a claim against defendants Grant R.
Sorensen and David M. Sorensen as well as plaintiff for damages in the amount of
$6,049.63 for damage to defendant Johnson and Quiring Trucking, LLC's vehicle due to
their negligence.
32-CV-17-105
32'CV'17'105
Filed in
in Fifth Judicial District Court
6/22/2017 4:38 PM
Jackson County, MN
The undersigned hereby acknowledges that sanctions may be imposed pursuant to
Minn. Stat. 549.211, to the party against whom the allegations in this pleading are
asserted.
Datedthis bfldayof IVA/d ,2017.
RUNCHEY, LOUWAGIE & WELLMAN, P.L.L.P.
Roberf
WKfiA
L. Gjorvad
Attorney for Defendants Scott D. Johnson
Quiring Trucking, LLC
533 West Main Street
Marshall. MN 56258
Phone: (507) 537—0515
Attorney Reg. No. 35282
Preview
32'CV'17'105 32-CV-17-105 Filed in Fifth Judicial District Court 6/22/2017 4:38 PM Jackson County, MN STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF JACKSON FIFTH JUDICIAL DISTRICT Court File Number: Deng Chairakoun, Plaintiff, vs. ANSWER, CROSSCLAIM AND COUNTERCLAIM 0F David M. Sorensen, DEFENDANTS JOHNSON AND Grant R. Sorensen, QUIRING TRUCKING, LLC Scott D. Johnson and Quiring Trucking, LLC Defendants. ***********1r*********************'k**********************t******************************************'k Comes now, defendants. Scott D. Johnson and Quiring Truck, LLC. and for their answer to the Complaint of plaintiff. allege and state: Deny each and every matter and thing alleged in plaintiff's Complaint except as admitted herein. Specifically deny they were guilty of any carelessness. negligence or other unlawful conduct. That any injuries or damages sustained by plaintiff were due to, caused by and solely the result of plaintiff's own carelessness, negligence or other unlawful conduct. IV Allege that any injuries or damages sustained by the plaintiff were solely the result of conduct on the part of the third persons over whom these answering defendants had no control and for whose conduct these answering defendants are not responsible or liable. 32'CV'17'105 32-CV-17-105 Filed in Fifth Judicial District Court 6/22/2017 4:38 PM Jackson County, MN V Allege that any injury or damage sustained by plaintiff was the result of an unavoidable incident. V| That even if these answering defendants are guilty of negligence. which is specifically denied, their conduct did not cause any harm to plaintiff but rather plaintiff‘s damages were the result of his own conduct which intervened between any conduct of these answering defendants and plaintiff's injuries and superseded it;and plaintiff’s injuries were solely and directly caused by his own conduct. VII Deny that plaintiff’s Complaint states a cause of action by reason of the fact that plaintiff herein has failed to meet the prerequisites necessary to bring a negligence action pursuant to the provisions of Minnesota Chapter 653, as amended. VIII That these answering defendants are without information sufficient to form a belief as to the nature and extent of plaintiff's injuries and damages and therefore deny plaintiffs allegations in respect thereto. CROSSCLAIM As and for itscrossclaim against defendants, Grant R. Sorensen and David M. Sorensen, defendants Scott D. Johnson and Quiring Trucking, LLC allege and state: That claim has been made and suit has been brought by the above-named plaintiff against the above-named defendants, in which plaintiff claims that all defendants were negligent in causing a motor vehicle accident on December 31, 2013 as more fully set forth in plaintiff’s Complaint which has been served on all parties. That defendants Johnson and Quiring Trucking. LLC have denied liability to plaintiff, all as more fully set forth in their Answer incorporated hereinabove. That defendants Johnson and Quiring Trucking, LLC allege that they are not liable to plaintiff but assert in the alternative that if they are found liable to plaintiff, their liability would only be secondary, passive, vicarious, indirect or at most, concurrent. 2 32'CV'17'105 32-CV-17-105 Filed in Fifth Judicial District Court 6/22/2017 4:38 PM Jackson Jackson County, County, MN IV Whereas defendants Grant R. Sorensen and David M. Sorensen are guilty of negligence, all of which was the actual, direct, primary and sole cause of any damages sustained by plaintiff. V That in the event that defendants Johnson and Quiring Trucking, LLC are found liable to plaintiff, which liability is expressly denied, then and in that event, defendants Johnson and Quiring Trucking, LLC would be entitled to indemnification and/or contribu- tion or such other relief as is just and equitable under the laws of the State of Minnesota against defendants Grant R. Sorensen and David M. Sorensen. COUNTERCLAIM As and for its counterclaim against plaintiff, defendants Johnson and Quiring Trucking, LLC allege and state: | That a claim has been made and suit brought by plaintiff against defendants Johnson and Quiring Trucking, LLC claiming negligence on their behalf all as more fully set forth in the plaintiff's Complaint. That defendants Johnson and Quiring Trucking, LLC have denied liability to plaintiff all as more fully set forth in their Answer incorporated herein. That defendants Johnson and Quiring Trucking, LLC allege that they are not liable to pIaintiff in that plaintiff was negligent in the operation of his motor vehicle resulting in damage to defendants Johnson and Quiring Trucking, LLC’s vehicle. WHEREFORE defendants Johnson and Quiring Trucking, LLC deny liability to plaintiff and pray that plaintiff take nothing against them by his pretended claim for relief herein; and they further pray that in the event they are found liable to plaintiff, which liability is expressly denied, then in that event they demand judgment against defendants Grant R. Sorensen and David M. Sorensen for contribution, indemnity or such other relief as is just and equitable under the laws of Minnesota; and defendants Johnson and Quiring Trucking, LLC make a claim against defendants Grant R. Sorensen and David M. Sorensen as well as plaintiff for damages in the amount of $6,049.63 for damage to defendant Johnson and Quiring Trucking, LLC's vehicle due to their negligence. 32-CV-17-105 32'CV'17'105 Filed in in Fifth Judicial District Court 6/22/2017 4:38 PM Jackson County, MN The undersigned hereby acknowledges that sanctions may be imposed pursuant to Minn. Stat. 549.211, to the party against whom the allegations in this pleading are asserted. Datedthis bfldayof IVA/d ,2017. RUNCHEY, LOUWAGIE & WELLMAN, P.L.L.P. Roberf WKfiA L. Gjorvad Attorney for Defendants Scott D. Johnson Quiring Trucking, LLC 533 West Main Street Marshall. MN 56258 Phone: (507) 537—0515 Attorney Reg. No. 35282