Answer: LORI BUSH -V- ST BERNADINE MEDICAL CENTER Print

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                                1   THOMPSON        COLEGATE LLP
     3610 Fourteenth Street
 2   P O Box 1299
     Riverside California 92502
                                                                      SUPERlORCouRT
 3   Tel   951    682 5550                                                CO 1NTY OF
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                                                                                     SAR Efii
     Fax   951    781 4012                                                 SAN BERNARp r
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 4

     DIANE MAR WIESMANN                SBN 124409                                FEB            r 2017
 5   dwiesmann@tclaw net
     MAXINE M MORISAKI SBN 134361                                     Y

 6   mmorisaki@tclaw   net                                                  AN
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                                                                                 M          v      o
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 7   Attorneys for Defendant DIGNITY HEALTH erroneously sued and served as
     ST BERNARDINE MEDICAL CENTER
 s



 9
                              SUPERIOR COURT OF THE STATE OF CALIFORNIA

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                 FOR THE COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT
11



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     LORI BUSH       an   individual                          CASE NO CIVDS 1613161
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                     Plaintiff                                Hon John M Pacheco
14                                                            Dept S31
     v

15

     ST BERNARDINE MEDICAL CENTER a                           ANSWER TO FIRST AMENDED
16   business entity form unknown DIGNITY                     COMPLAINT
     HEALTH a California Corporation and DOES 1
17   through 200 inclusive

18                   Defendants                               TRIAL DATE                    NONE
                                                              ACTION FILED                  08 10 2016
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20



21   TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN


22          COMES         NOW      defendant   DIGNITY       HEALTH       erroneously        sued        and          served   as




23   ST BERNARDINE MEDICAL CENTER appearing for itself and for no other defendant and

24   answers the unverified first amended complaint on file in the above entitled cause and admits


25   denies and alleges as follows

26           1    Answering the first amended complaint on file herein and each and every cause of action
27   contained therein this answering defendant under and pursuant to the provisions of Code of Civil
28   Procedure Section 431 30 denies generally and speci ically conj tnctively and disjunctively each

                                                         1
                                       ANSWER TO FIRST AMENDED COMPLAINT
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     and every allegation statement matter and thing set forth and alleged therein insofar as said
2    allegations refer to this answering defendant

3           This answering defendant asserts the following affirmative defenses

4                                      FIRST AFFIRMATIVE DEFENSE


5           2    This answering defendant denies that by reason of any alleged act or omission fault
6    negligence carelessness recklessness wantonness or unlawful conduct on the part of this answering

 7   defendant that plaintiff was injured in the manner or to the extent alleged or in any other manner or

 8   extent or was damaged in the sums alleged to be alleged or in any other sum or sums whatsoever

 9   This answering    defendant denies    that   it   was   negligent   careless   reckless   wanton   or   acted




1o
     unlawfully whether in the manner alleged or otherwise
11                                   SECOND AFFIRMATIVE DEFENSE

12           3      Plaintiffs first amended complaint and every cause of action contained therein fails

13   to state facts sufficient to constitute a cause of action against this answering defendant

14                                    THIRD AFFIRMATIVE DEFENSE

15           4      If plaintiff in fact sustained or will sustain any injuries or damages as a result of any
16   act or omission on the part of this answering defendant which supposition is denied but merely

17   stated for the purpose of this affirmative defense then plaintiff at the time and place alleged in the

18   first amended complaint is guilty of negligence in failing to exercise that degree of care and caution

19   for her own safety and protection that ordinarily prudent persons would exercise under the premises

20   and said negligence contributed in some degree as a proximate cause of the injuries and damages

21   being claimed by plaintiff herein thereby barring and or altering any damages that may be awarded
22   plaintiff herein if any

23                                   FOURTH AFFIRMATIVE DEFENSE

24           5      Plaintiff is barred from any recovery as to or against this answering defendant in that
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     any injuries or damages sustained by plaintiff if any were the direct and proximate result of the
26   negligence and unlawful conduct of third parties or their agents or employees and not the result of


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     any act or omission by this answering defendant and that said negligence and or unlawful conduct
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     was an intervening and or superseding cause of said injuries and damages if any

                                                             2
                                    ANSWER TO FIRST AMENDED COMPLAINT