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COMMONWEALTH OF MASSACHUSETTS
PLYMOUTH, SS SUPERIOR COURT DEPARTMENT
BRIAN WECKBACHER
Plaintiff
ERIOR NWEAL
COMMO OF MASSACHUSETTS,
COURTHDEPT. OF THE AT
Vv. Civil Action No. . 2283:
SUSAN LEIGH EGAN-TASKER
APR 2& 2022
Defendant
Gat
Cuore oe Court
DEFEND. °S AN! RT
PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL
The Defendant, Susan Leigh Egan-Tasker, by way of answer to the Plaintiff's Complaint
says:
1 The defendant is without sufficient information to form a belief as to the truth of
the allegations contained in Paragraph 1 of the Complaint and therefore denies same.
2. The defendant admits the allegations contained in Paragraph 2 of the Complaint.
3 The defendant admits the allegations contained in Paragraph 3 of the Complaint.
4 The defendant admits the allegations contained in Paragraph 4 of the Complaint.
5 The allegations contained in Paragraph 5 of the Complaint constitute argument for
which no response is required. To the extent a response is necessary, the defendant denies the
allegations and leaves the plaintiff to his proofs.
6. The allegations contairied in Paragraph 6 of the Complaint constitute argument or
which no response is required. To the extent a response is necessary, the defendant denies the
allegations and leaves the plaintiff to his proofs.
7 The allegations contained in Paragraph 7 of the Complaint constitute argument for
which no response is required. To the extent a response is necessary, the defendant denies the
allegations and leaves the plaintiff to his proofs.
8 The allegations contained in Paragraph 8 of the Complaint constitute argument for
which no response is required. To the extent a response is necessary, the defendant denies the
allegations and leaves the plaintiff to his proofs.
AFFIRMATIVE DEFENSES
1 And further answering, the defendant denies liability for the accident.
2. And further answering, the defendant says that the injuries and damages alleged
were not caused by the act or acts of any person for whose conduct the defendant was legally
responsible,
3. And further answering, the defendant says the Complaint fails to state a claim
against the defendant upon which relief can be granted.
4 And further answering, the defendant denies she was negligent in any manner.
5. And further answering, the defendant states the plaintiff failed to exercise due
care at the time of the accident.
6 And further answering, the defendant reserves the right to assert the plaintiff
voluntarily assumed the risk.
7 And further answering, to the extent that the plaintiff has unreasonably failed to
mitigate his damages he is barred from any recovery.
8 As discovery is just beginning, the defendant reserves the right to assert that the
plaintiff's claims are barred in whole or in part by the Statute of Limitations, or are otherwise
time barred.
9 And further answering, the defendant asserts the plaintiff contributed to the
cause of the action and, therefore, the damages, if any, should be diminished in accordance
with G.L.c. 231, §85, as amended.
10. And further answering, the defendant asserts the plaintiff is more than 50% at
fault of this cause of action and therefore is barred from recovery.
11. And further answering, the defendant reserves the right to assert that the injuries
and damages claimed were pre-existing.
12. And further answering, if this is a case that involves Section 111 of the
Medicare, Medicaid, and SCHIP Extension Act of 2007, then this law will control how any
Medicare liens are resolved should this matter resolve through negotiations, mediation or
proceed to trial. The defendant shall make no payments until provisions of Section 111 and
the attendant regulations are complied with, and the defendant will strictly adhere to Section
111 of the Medicare, Medicaid and SCHIP Extension Act relative to the payment of all
Medicare liens and payments regarding possible future Medicare set aside accounts, if
applicable.
13. And further answering, the defendant reserves the right to assert that the injuries
and damages alleged were caused by dangers, the risk of which the plaintiff assumed.
14, Defendant reserves the right to amend this answer and affirmative defenses as
discovery has just begun.
Respectfully submitted,
SUSAN LEIGH EGAN-TASKER
By her Attorneys,
GETMAN, SCHULTHESS,
STEERE & POULIN, P.A.
Dated: April 26, 2022 By_/s/ Debbie Lorusso Makris
Debbie Lorusso Makris, Esq.
BBO No. 567450
1838 Elm Street
Manchester, NH 03104
(603) 634-4300
dmakrisi la rers.com
CERTIFICATE OF SERVICE
>
I hereby certify that on April 26, 2022, a copy of the within Defendant’s Answer to
Plaintiff's Complaint and Demand for Jury Trial was forward to Ryan P. Brady, Esq. and
Claudine A. Cloutier, Esq., counsel for plaintiff via this court’s e-filing system and via electronic
mail at rbrady@kecheslaw.com.
4s/ Debbie Lorusso Makris
Debbie Lorusso Makris, Esq.
BBO No. 567450
Preview
6 Bece COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, SS SUPERIOR COURT DEPARTMENT BRIAN WECKBACHER Plaintiff ERIOR NWEAL COMMO OF MASSACHUSETTS, COURTHDEPT. OF THE AT Vv. Civil Action No. . 2283: SUSAN LEIGH EGAN-TASKER APR 2& 2022 Defendant Gat Cuore oe Court DEFEND. °S AN! RT PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL The Defendant, Susan Leigh Egan-Tasker, by way of answer to the Plaintiff's Complaint says: 1 The defendant is without sufficient information to form a belief as to the truth of the allegations contained in Paragraph 1 of the Complaint and therefore denies same. 2. The defendant admits the allegations contained in Paragraph 2 of the Complaint. 3 The defendant admits the allegations contained in Paragraph 3 of the Complaint. 4 The defendant admits the allegations contained in Paragraph 4 of the Complaint. 5 The allegations contained in Paragraph 5 of the Complaint constitute argument for which no response is required. To the extent a response is necessary, the defendant denies the allegations and leaves the plaintiff to his proofs. 6. The allegations contairied in Paragraph 6 of the Complaint constitute argument or which no response is required. To the extent a response is necessary, the defendant denies the allegations and leaves the plaintiff to his proofs. 7 The allegations contained in Paragraph 7 of the Complaint constitute argument for which no response is required. To the extent a response is necessary, the defendant denies the allegations and leaves the plaintiff to his proofs. 8 The allegations contained in Paragraph 8 of the Complaint constitute argument for which no response is required. To the extent a response is necessary, the defendant denies the allegations and leaves the plaintiff to his proofs. AFFIRMATIVE DEFENSES 1 And further answering, the defendant denies liability for the accident. 2. And further answering, the defendant says that the injuries and damages alleged were not caused by the act or acts of any person for whose conduct the defendant was legally responsible, 3. And further answering, the defendant says the Complaint fails to state a claim against the defendant upon which relief can be granted. 4 And further answering, the defendant denies she was negligent in any manner. 5. And further answering, the defendant states the plaintiff failed to exercise due care at the time of the accident. 6 And further answering, the defendant reserves the right to assert the plaintiff voluntarily assumed the risk. 7 And further answering, to the extent that the plaintiff has unreasonably failed to mitigate his damages he is barred from any recovery. 8 As discovery is just beginning, the defendant reserves the right to assert that the plaintiff's claims are barred in whole or in part by the Statute of Limitations, or are otherwise time barred. 9 And further answering, the defendant asserts the plaintiff contributed to the cause of the action and, therefore, the damages, if any, should be diminished in accordance with G.L.c. 231, §85, as amended. 10. And further answering, the defendant asserts the plaintiff is more than 50% at fault of this cause of action and therefore is barred from recovery. 11. And further answering, the defendant reserves the right to assert that the injuries and damages claimed were pre-existing. 12. And further answering, if this is a case that involves Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, then this law will control how any Medicare liens are resolved should this matter resolve through negotiations, mediation or proceed to trial. The defendant shall make no payments until provisions of Section 111 and the attendant regulations are complied with, and the defendant will strictly adhere to Section 111 of the Medicare, Medicaid and SCHIP Extension Act relative to the payment of all Medicare liens and payments regarding possible future Medicare set aside accounts, if applicable. 13. And further answering, the defendant reserves the right to assert that the injuries and damages alleged were caused by dangers, the risk of which the plaintiff assumed. 14, Defendant reserves the right to amend this answer and affirmative defenses as discovery has just begun. Respectfully submitted, SUSAN LEIGH EGAN-TASKER By her Attorneys, GETMAN, SCHULTHESS, STEERE & POULIN, P.A. Dated: April 26, 2022 By_/s/ Debbie Lorusso Makris Debbie Lorusso Makris, Esq. BBO No. 567450 1838 Elm Street Manchester, NH 03104 (603) 634-4300 dmakrisi la rers.com CERTIFICATE OF SERVICE > I hereby certify that on April 26, 2022, a copy of the within Defendant’s Answer to Plaintiff's Complaint and Demand for Jury Trial was forward to Ryan P. Brady, Esq. and Claudine A. Cloutier, Esq., counsel for plaintiff via this court’s e-filing system and via electronic mail at rbrady@kecheslaw.com. 4s/ Debbie Lorusso Makris Debbie Lorusso Makris, Esq. BBO No. 567450