Preview
BER-L-005730-22 02/07/2023 3:28:21 PM Pg 1 of 13 Trans ID: LCV2023476575
THOMAS A. MORRONE - 017151999
CHASAN LAMPARELLO MALLON & CAPPUZZO, PC
300 LIGHTING WAY, SUITE 200
SECAUCUS, NJ 07094
(201) 348-6000
ATTORNEYS FOR DEFENDANT, KEVIN AGUDELO
(03323-6377)
ESTATE OF MARKO GUBEROVIC BY DOCKET NO. BER-L-5730-22
HIS ADMINISTRATOR AD
PROSEQUENDUM NINA PRALL, Civil Action
Plaintiffs, ANSWER AND CROSSCLAIM,
SEPARATE DEFENSES AND JURY
vs. DEMAND
BRYAN WOOD, ABC BAR 1-10
(Fictitious bar and owners of bar where
Bryan Wood was overserved), JOE
BARKEEP 1-10 (Fictitious server of
alcohol), SATIN DOLLS, VYZ BAR
OWNERS 1-5 (Fictitious Entity owning
Satin Dolls); JANE BARTENDER 1-10
(Fictitiou server of alcohol at Satin
Dolls); FERO HOTI, ARDIAN HOTI,
JULIO PENA, KEVIN AGUEDELO &
CHRISTIAN REYES (I will get their
addresses); ALLSTATE INSURANCE
COMPANY (UM and/or UIM Coverage
/Purposes), ABC Insurance Company 1-
10 (Names being fictitious companies),
Defendants.
Defendant, Kevin Agudelo, by way of Answer to the Complaint, says:
FACTS AS TO ALL COUNTS
1. This defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations set forth in Paragraph One of the Facts Count.
2. Denied as to Defendant, Kevin Aguedelo, set forth in Paragraph Two of
the Facts Count.
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3. This defendant makes no response to the allegations contained in the
Facts Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same
FIRST COUNT
1. Denied as to Defendant, Kevin Aguedelo, set forth in Paragraph One of
the First Count.
2. This defendant makes no response to the allegations contained in the
First Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
3. This defendant makes no response to the allegations contained in the
First Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
4. Denied as to Defendant, Kevin Aguedelo, set forth in Paragraph Four of
the First Count.
5. This defendant denies the allegations set forth in Paragraph Five of the
First Count.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
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SECOND COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the First Count as though fully set forth at length therein.
2. This defendant makes no response to the allegations contained in the
Second Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
3. This defendant makes no response to the allegations contained in the
Second Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
4. This defendant makes no response to the allegations contained in the
Second Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
5. This defendant makes no response to the allegations contained in the
Second Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
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THIRD COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Second Count as though fully set forth at length therein.
2. This defendant makes no response to the allegations contained in the
Third Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
3. This defendant makes no response to the allegations contained in the
Third Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
4. This defendant makes no response to the allegations contained in the
Third Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
5. This defendant makes no response to the allegations contained in the
Third Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
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FOURTHCOUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Third Count as though fully set forth at length therein.
2. This defendant makes no response to the allegations contained in the
Fourth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
3. This defendant makes no response to the allegations contained in the
Fourth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
FIFTH COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Fourth Count as though fully set forth at length therein.
2. This defendant makes no response to the allegations contained in the
Fifth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
3. This defendant makes no response to the allegations contained in the
Fifth Count of the Complaint insofar as those allegations are not directed against this
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defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
4. This defendant makes no response to the allegations contained in the
Fifth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
SIXTH COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Fifth Count as though fully set forth at length therein.
2. This defendant is without knowledge or information sufficient to form a
belief as to the truth of the allegations set forth in Paragraph Two of the Sixth Count.
3. This defendant makes no response to the allegations contained in the
Sixth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
4. This defendant makes no response to the allegations contained in the
Sixth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
5. This defendant makes no response to the allegations contained in the
Sixth Count of the Complaint insofar as those allegations are not directed against this
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defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
6. This defendant makes no response to the allegations contained in the
Sixth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
SEVENTH COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Sixth Count as though fully set forth at length therein.
2. This defendant makes no response to the allegations contained in the
Seventh Count of the Complaint insofar as those allegations are not directed against
this defendant. In the event said allegations are deemed to construe negligence against
this defendant, then this defendant denies same.
3. This defendant makes no response to the allegations contained in the
Seventh Count of the Complaint insofar as those allegations are not directed against
this defendant. In the event said allegations are deemed to construe negligence against
this defendant, then this defendant denies same.
4. Denied as to Defendant, Kevin Aguedelo in Paragraph Six of the Seventh
Count of the Complaint.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
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EIGHTH COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Seveth Count as though fully set forth at length therein.
2. Denied as to Defendant, Kevin Aguedelo set forth in Paragraph Two of the
Eighth Count of the Complaint.
3. This defendant makes no response to the allegations contained in the
Eighth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
4. This defendant makes no response to the allegations contained in the
Eighth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
5. This defendant makes no response to the allegations contained in the
Eighth Count of the Complaint insofar as those allegations are not directed against this
defendant. In the event said allegations are deemed to construe negligence against this
defendant, then this defendant denies same.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
NINTH COUNT
1. This defendant repeats and reiterates his/her/its answers to each and
every allegation set forth in the Eighth Count as though fully set forth at length therein.
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2. Denied as to Defendant, Kevin Aguedelo, as set forth in Paragraph Two of
the Ninth Count.
3. Denied as to Defendant, Kevin Aguedelo, as set forth in Paragraph Three
of the Ninth Count.
4. Denied as to Defendant, Kevin Aguedelo, as set forth in Paragraph Four
of the Ninth Count.
Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff,
dismissing the Complaint with costs of suit.
SEPARATE DEFENSES
1. The accident and damages complained of were not the result of the
negligence of this defendant.
2. The accident and damagescomplainedof were theresultofthe
negligence of third parties and/or persons over whom thisdefendant hadno control.
3. The accident and damagescomplainedof were theresultofthe
negligence of the plaintiffs which either caused the same or contributed to the
happening thereof, and this defendant is not liable, therefore, to the plaintiffs.
4. The accident and damages complained of were the result of the
negligence of the plaintiffs which was greater than any negligence of this defendant,
and this defendant is, therefore, not liable to the plaintiffs under the provisions of the
State of New Jersey, generally known as the Comparative Negligence Law, N.J.S.A.
2A: 15-5.1, et seq.
5. The accident and damages complained of were the result of the
contributory negligence of the plaintiffs and the plaintiffs are chargeable with their
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proportionate share of negligence which contributed to the happening of the accident
pursuant to N.J.S.A. 2A:15-5.1, et seq.
6. Plaintiffs are barred from recovery by reasons of the applicable provisions
of the New Jersey Reparation Reform Act, N.J.S.A. 39:6A-1, et seq.
7. The Doctrine of Avoidable Consequences bars some or all of plaintiffs'
damages, as plaintiffs have failed to avoid some or all of the consequences of the
accident, or to otherwise mitigate damages, by plaintiffs' conduct including, but not
limited to, failure to wear a seat belt contrary to N.J.S.A. 39:3-76.2, et seq.
8. In accordance with N.J.S.A. 2:15-97, if the plaintiff receives or is entitled to
receive benefits for the injuries allegedly incurred from any other source besides a joint
tortfeasor, the amount of these benefits, except for workers’ compensation benefits or
the proceeds from a life insurance policy, which duplicates any benefit contained in an
award pursuant to a verdict or judgment against defendant, Kevin Agudelo, less any
premium paid to an insurer directly by the plaintiff or by any member of the plaintiff’s
family on behalf of the plaintiff for the policy period during which the benefits are
payable, shall be deducted from any such award recovered by the plaintiff.
9. The liability of defendant, Kevin Agudelo, if any, to the plaintiffs is limited
to its equitable share under the New Jersey Comparative Negligence and Joint
Tortfeasor Acts in accordance with the relative culpability of all persons or entities
contributing to the total liability for any loss sustained by the plaintiffs.
10. The liability of defendant, Kevin Agudelo, if any, for plaintiffs' damages is
limited by the provisions of N.J.S.A. 2A: 15-5.2 and 2A: 15-5.3 based upon the
percentage of negligence assessed against defendant, Kevin Agudelo.
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11. Plaintiff fails to state a claim upon which relief can be granted.
CROSSCLAIM FOR CONTRIBUTION AND INDEMNIFICATION
Defendant, Kevin Agudelo, hereby demand(s) judgment of contribution and
indemnification against all co-defendants, pursuant to the terms of the New Jersey Joint
Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1, et seq., as modified by the provision of
N.J.S.A. 2A:15-5.1, et seq., the Comparative Negligence Act.
ANSWER TO ALL CROSSCLAIMS
The answering defendant denies each and every allegation of any Crossclaim
which may be asserted against him by any party in this litigation.
DEMAND FOR ALLOCATION PURSUANT TO R. 4:7-5(c)
If any defendant settles with the plaintiffs prior to trial, this defendant will seek an
allocation by the jury of the percentage of negligence against the settling defendant.
This defendant will seek this allocation, whether or not they have formally filed a
crossclaim against the settling defendant. This defendant will rely upon the direct and
cross-examination of all witnesses at trial in support of this allocation. This demand is
made pursuant to R. 4:7-5(c) and the holding in Young v. Latta, 123 N.J. 584 (1991).
DEMAND FOR PRODUCTION OF STATEMENTS
Demand is hereby made that you provide the attorney filing this pleading with
true and complete copies of any statements made by the client of this attorney,
pursuant to Rule 4:10-2(c). This demand is deemed to be continuing.
DEMAND FOR INTERROGATORIES
Pursuant to Rule 4:17-1(b), demand is hereby made upon you to furnish answers
to the interrogatories set forth in Form A of Appendix II within the 60 day period allowed
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by the Rules of Court.
DEMAND FOR HIPAA AUTHORIZATIONS
PLEASE TAKE NOTICE that the defendant demands signed HIPAA
authorizations for all treating providers pursuant to Rule 4:17-4(f).
JURY DEMAND
Defendant, Kevin Agudelo, hereby demand(s) a trial by jury as to all issues.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Thomas A. Morrone, Esq. is designated as trial counsel.
CERTIFICATION
I hereby certify that a copy of the within Answer was served within the time
prescribed by Rule 4:6.
Pursuant to Rule 4:5-1, it is hereby stated that the matter in controversy is not
now the subject of any other action pending in any other court, or of a pending
arbitration proceeding, to the best of my knowledge and belief.
Also, to the best of my belief, no other action or arbitration proceeding is
contemplated.
Further, other than the parties set forth in this pleading and previous pleadings,
at the present time I know of no other parties that should be joined in the within action.
I hereby certify that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are willfully false, I am subject to
punishment.
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CHASAN LAMPARELLO MALLON & CAPPUZZO, PC
Attorneys for p„efendant-,Jfeyin Agudelo
By
THOMAS A. MORRONE
DATED: February 13, 2023
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Civil Case Information Statement
Case Details: BERGEN | Civil Part Docket# L-005730-22
Case Caption: GUBEROVIC MARKO VS WOOD BRYAN Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON-
Case Initiation Date: 10/25/2022 VERBAL THRESHOLD)
Attorney Name: THOMAS ANTHONY MORRONE Document Type: Answer W/CrossClaim W/Jury Demand
Firm Name: CHASAN LAMPARELLO MALLON & Jury Demand: YES - 12 JURORS
CAPPUZZO, PC Is this a professional malpractice case? NO
Address: 300 LIGHTING WAY STE 200 Related cases pending: NO
SECAUCUS NJ 07094 If yes, list docket numbers:
Phone: 2013486000 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : AGUEDELO, KEVIN transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): None
Are sexual abuse claims alleged by: MARKO GUBEROVIC? NO
Are sexual abuse claims alleged by: NINA PRALL? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
02/07/2023 /s/ THOMAS ANTHONY MORRONE
Dated Signed
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Preview
BER-L-005730-22 02/07/2023 3:28:21 PM Pg 1 of 13 Trans ID: LCV2023476575 THOMAS A. MORRONE - 017151999 CHASAN LAMPARELLO MALLON & CAPPUZZO, PC 300 LIGHTING WAY, SUITE 200 SECAUCUS, NJ 07094 (201) 348-6000 ATTORNEYS FOR DEFENDANT, KEVIN AGUDELO (03323-6377) ESTATE OF MARKO GUBEROVIC BY DOCKET NO. BER-L-5730-22 HIS ADMINISTRATOR AD PROSEQUENDUM NINA PRALL, Civil Action Plaintiffs, ANSWER AND CROSSCLAIM, SEPARATE DEFENSES AND JURY vs. DEMAND BRYAN WOOD, ABC BAR 1-10 (Fictitious bar and owners of bar where Bryan Wood was overserved), JOE BARKEEP 1-10 (Fictitious server of alcohol), SATIN DOLLS, VYZ BAR OWNERS 1-5 (Fictitious Entity owning Satin Dolls); JANE BARTENDER 1-10 (Fictitiou server of alcohol at Satin Dolls); FERO HOTI, ARDIAN HOTI, JULIO PENA, KEVIN AGUEDELO & CHRISTIAN REYES (I will get their addresses); ALLSTATE INSURANCE COMPANY (UM and/or UIM Coverage /Purposes), ABC Insurance Company 1- 10 (Names being fictitious companies), Defendants. Defendant, Kevin Agudelo, by way of Answer to the Complaint, says: FACTS AS TO ALL COUNTS 1. This defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph One of the Facts Count. 2. Denied as to Defendant, Kevin Aguedelo, set forth in Paragraph Two of the Facts Count. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 2 of 13 Trans ID: LCV2023476575 3. This defendant makes no response to the allegations contained in the Facts Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same FIRST COUNT 1. Denied as to Defendant, Kevin Aguedelo, set forth in Paragraph One of the First Count. 2. This defendant makes no response to the allegations contained in the First Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 3. This defendant makes no response to the allegations contained in the First Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. Denied as to Defendant, Kevin Aguedelo, set forth in Paragraph Four of the First Count. 5. This defendant denies the allegations set forth in Paragraph Five of the First Count. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 3 of 13 Trans ID: LCV2023476575 SECOND COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the First Count as though fully set forth at length therein. 2. This defendant makes no response to the allegations contained in the Second Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 3. This defendant makes no response to the allegations contained in the Second Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. This defendant makes no response to the allegations contained in the Second Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 5. This defendant makes no response to the allegations contained in the Second Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 4 of 13 Trans ID: LCV2023476575 THIRD COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Second Count as though fully set forth at length therein. 2. This defendant makes no response to the allegations contained in the Third Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 3. This defendant makes no response to the allegations contained in the Third Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. This defendant makes no response to the allegations contained in the Third Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 5. This defendant makes no response to the allegations contained in the Third Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 5 of 13 Trans ID: LCV2023476575 FOURTHCOUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Third Count as though fully set forth at length therein. 2. This defendant makes no response to the allegations contained in the Fourth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 3. This defendant makes no response to the allegations contained in the Fourth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. FIFTH COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Fourth Count as though fully set forth at length therein. 2. This defendant makes no response to the allegations contained in the Fifth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 3. This defendant makes no response to the allegations contained in the Fifth Count of the Complaint insofar as those allegations are not directed against this BER-L-005730-22 02/07/2023 3:28:21 PM Pg 6 of 13 Trans ID: LCV2023476575 defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. This defendant makes no response to the allegations contained in the Fifth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. SIXTH COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Fifth Count as though fully set forth at length therein. 2. This defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph Two of the Sixth Count. 3. This defendant makes no response to the allegations contained in the Sixth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. This defendant makes no response to the allegations contained in the Sixth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 5. This defendant makes no response to the allegations contained in the Sixth Count of the Complaint insofar as those allegations are not directed against this BER-L-005730-22 02/07/2023 3:28:21 PM Pg 7 of 13 Trans ID: LCV2023476575 defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 6. This defendant makes no response to the allegations contained in the Sixth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. SEVENTH COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Sixth Count as though fully set forth at length therein. 2. This defendant makes no response to the allegations contained in the Seventh Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 3. This defendant makes no response to the allegations contained in the Seventh Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. Denied as to Defendant, Kevin Aguedelo in Paragraph Six of the Seventh Count of the Complaint. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 8 of 13 Trans ID: LCV2023476575 EIGHTH COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Seveth Count as though fully set forth at length therein. 2. Denied as to Defendant, Kevin Aguedelo set forth in Paragraph Two of the Eighth Count of the Complaint. 3. This defendant makes no response to the allegations contained in the Eighth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 4. This defendant makes no response to the allegations contained in the Eighth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. 5. This defendant makes no response to the allegations contained in the Eighth Count of the Complaint insofar as those allegations are not directed against this defendant. In the event said allegations are deemed to construe negligence against this defendant, then this defendant denies same. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. NINTH COUNT 1. This defendant repeats and reiterates his/her/its answers to each and every allegation set forth in the Eighth Count as though fully set forth at length therein. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 9 of 13 Trans ID: LCV2023476575 2. Denied as to Defendant, Kevin Aguedelo, as set forth in Paragraph Two of the Ninth Count. 3. Denied as to Defendant, Kevin Aguedelo, as set forth in Paragraph Three of the Ninth Count. 4. Denied as to Defendant, Kevin Aguedelo, as set forth in Paragraph Four of the Ninth Count. Wherefore, Defendant, Kevin Aguedelo, demands judgment against the plaintiff, dismissing the Complaint with costs of suit. SEPARATE DEFENSES 1. The accident and damages complained of were not the result of the negligence of this defendant. 2. The accident and damagescomplainedof were theresultofthe negligence of third parties and/or persons over whom thisdefendant hadno control. 3. The accident and damagescomplainedof were theresultofthe negligence of the plaintiffs which either caused the same or contributed to the happening thereof, and this defendant is not liable, therefore, to the plaintiffs. 4. The accident and damages complained of were the result of the negligence of the plaintiffs which was greater than any negligence of this defendant, and this defendant is, therefore, not liable to the plaintiffs under the provisions of the State of New Jersey, generally known as the Comparative Negligence Law, N.J.S.A. 2A: 15-5.1, et seq. 5. The accident and damages complained of were the result of the contributory negligence of the plaintiffs and the plaintiffs are chargeable with their BER-L-005730-22 02/07/2023 3:28:21 PM Pg 10 of 13 Trans ID: LCV2023476575 proportionate share of negligence which contributed to the happening of the accident pursuant to N.J.S.A. 2A:15-5.1, et seq. 6. Plaintiffs are barred from recovery by reasons of the applicable provisions of the New Jersey Reparation Reform Act, N.J.S.A. 39:6A-1, et seq. 7. The Doctrine of Avoidable Consequences bars some or all of plaintiffs' damages, as plaintiffs have failed to avoid some or all of the consequences of the accident, or to otherwise mitigate damages, by plaintiffs' conduct including, but not limited to, failure to wear a seat belt contrary to N.J.S.A. 39:3-76.2, et seq. 8. In accordance with N.J.S.A. 2:15-97, if the plaintiff receives or is entitled to receive benefits for the injuries allegedly incurred from any other source besides a joint tortfeasor, the amount of these benefits, except for workers’ compensation benefits or the proceeds from a life insurance policy, which duplicates any benefit contained in an award pursuant to a verdict or judgment against defendant, Kevin Agudelo, less any premium paid to an insurer directly by the plaintiff or by any member of the plaintiff’s family on behalf of the plaintiff for the policy period during which the benefits are payable, shall be deducted from any such award recovered by the plaintiff. 9. The liability of defendant, Kevin Agudelo, if any, to the plaintiffs is limited to its equitable share under the New Jersey Comparative Negligence and Joint Tortfeasor Acts in accordance with the relative culpability of all persons or entities contributing to the total liability for any loss sustained by the plaintiffs. 10. The liability of defendant, Kevin Agudelo, if any, for plaintiffs' damages is limited by the provisions of N.J.S.A. 2A: 15-5.2 and 2A: 15-5.3 based upon the percentage of negligence assessed against defendant, Kevin Agudelo. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 11 of 13 Trans ID: LCV2023476575 11. Plaintiff fails to state a claim upon which relief can be granted. CROSSCLAIM FOR CONTRIBUTION AND INDEMNIFICATION Defendant, Kevin Agudelo, hereby demand(s) judgment of contribution and indemnification against all co-defendants, pursuant to the terms of the New Jersey Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1, et seq., as modified by the provision of N.J.S.A. 2A:15-5.1, et seq., the Comparative Negligence Act. ANSWER TO ALL CROSSCLAIMS The answering defendant denies each and every allegation of any Crossclaim which may be asserted against him by any party in this litigation. DEMAND FOR ALLOCATION PURSUANT TO R. 4:7-5(c) If any defendant settles with the plaintiffs prior to trial, this defendant will seek an allocation by the jury of the percentage of negligence against the settling defendant. This defendant will seek this allocation, whether or not they have formally filed a crossclaim against the settling defendant. This defendant will rely upon the direct and cross-examination of all witnesses at trial in support of this allocation. This demand is made pursuant to R. 4:7-5(c) and the holding in Young v. Latta, 123 N.J. 584 (1991). DEMAND FOR PRODUCTION OF STATEMENTS Demand is hereby made that you provide the attorney filing this pleading with true and complete copies of any statements made by the client of this attorney, pursuant to Rule 4:10-2(c). This demand is deemed to be continuing. DEMAND FOR INTERROGATORIES Pursuant to Rule 4:17-1(b), demand is hereby made upon you to furnish answers to the interrogatories set forth in Form A of Appendix II within the 60 day period allowed BER-L-005730-22 02/07/2023 3:28:21 PM Pg 12 of 13 Trans ID: LCV2023476575 by the Rules of Court. DEMAND FOR HIPAA AUTHORIZATIONS PLEASE TAKE NOTICE that the defendant demands signed HIPAA authorizations for all treating providers pursuant to Rule 4:17-4(f). JURY DEMAND Defendant, Kevin Agudelo, hereby demand(s) a trial by jury as to all issues. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Thomas A. Morrone, Esq. is designated as trial counsel. CERTIFICATION I hereby certify that a copy of the within Answer was served within the time prescribed by Rule 4:6. Pursuant to Rule 4:5-1, it is hereby stated that the matter in controversy is not now the subject of any other action pending in any other court, or of a pending arbitration proceeding, to the best of my knowledge and belief. Also, to the best of my belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading and previous pleadings, at the present time I know of no other parties that should be joined in the within action. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. BER-L-005730-22 02/07/2023 3:28:21 PM Pg 13 of 13 Trans ID: LCV2023476575 CHASAN LAMPARELLO MALLON & CAPPUZZO, PC Attorneys for p„efendant-,Jfeyin Agudelo By THOMAS A. MORRONE DATED: February 13, 2023 BER-L-005730-22 02/07/2023 BER-L-005730-22 02/07/20233:28:21 3:27:47PM PM Pg 1 of 2 Trans TransID: ID:LCV2023476575 LCV2023476575 Civil Case Information Statement Case Details: BERGEN | Civil Part Docket# L-005730-22 Case Caption: GUBEROVIC MARKO VS WOOD BRYAN Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON- Case Initiation Date: 10/25/2022 VERBAL THRESHOLD) Attorney Name: THOMAS ANTHONY MORRONE Document Type: Answer W/CrossClaim W/Jury Demand Firm Name: CHASAN LAMPARELLO MALLON & Jury Demand: YES - 12 JURORS CAPPUZZO, PC Is this a professional malpractice case? NO Address: 300 LIGHTING WAY STE 200 Related cases pending: NO SECAUCUS NJ 07094 If yes, list docket numbers: Phone: 2013486000 Do you anticipate adding any parties (arising out of same Name of Party: DEFENDANT : AGUEDELO, KEVIN transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): None Are sexual abuse claims alleged by: MARKO GUBEROVIC? NO Are sexual abuse claims alleged by: NINA PRALL? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 02/07/2023 /s/ THOMAS ANTHONY MORRONE Dated Signed BER-L-005730-22 02/07/2023 BER-L-005730-22 02/07/20233:28:21 3:27:47PM PM Pg 2 of 2 Trans TransID: ID:LCV2023476575 LCV2023476575