Preview
BER-L-005730-22 06/30/2023 11:07:42 AM Pglof19 Trans ID: LCV20231980914
THE LAW OFFICK OF
LOUIS J. LAMATINA
South 105 Farview Avenue
Paramus, New Jersey 07652
(201) 291-1122
Attorney for Defendant
Julio Pena .
ID # 007081983
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
DOCKET NO. BER-L-5730-22
eee He eee
ESTATE OF MARKO GUBEROVIC
by his Administrator Ad
Prosequendum Nina Prall Civil Action
Plaintiff
ANSWER AND CROSSCLAIM,
Vv SEPARATE DEFENSES AND
JURY DEMAND
BRYAN WOOD, ABC BAR 1-10
(Fictitious bar and owners
of bar where Bryan Wood was
overserved), JOE BARKEEP
i-L0 (fictitious server of
alcohol), SATIN DOLLS,
XYZ BAR OWNERS 1-5
(Fictitious Entity owning
Satin Dolls), JANE
BARTENDER 1-10 (Fictitious :
server of alcohol at
Satin Dolls), FERO HOTI,
ARDIAN HOTI, JULIO PENA,
KEVIN AGUEDELO & CHRISTIAN
REYES, ALLSTATE INSURANCE
COMPANY (UM and/or UIM
Coverage/Purposes), ABC
Insurance Company 1-10
(Names being fictitious
companies)
Defendants
ee teen x
Defendant, Julio Pena, by way of Answer to the
Complaint, says:
FACTS AS TO ALL COUNTS
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1 The 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 Julio Pena, set forth in
Paragraph Two of the Facts Count.
3 This Defendant makes no response to the
allegations contained in Paragraph Two of the Facts Count
of the Complaint 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, Julio Pena, set forth in
Paragraph One of the First Count.
2 This Defendant makes no response to the
allegations contained in Paragraph Two of 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 Paragraph Three of the First
Count of the Complaint insofar as those allegations are
-2-
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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 Julio Pena, 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 Julio Pena, demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit,
SECOND COUNT
1 This Defendant repeats and reiterates his
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 Paragraph Two of the Second Count
of the Complaint insofar as those allegations are not
directed against this Defendant, In the event said
allegation re deemed to construe negligence against this
Defendant, then this Defendant denies same.
3 This Defendant makes no response to the
allegations contained in Paragraph Three of the Second
Count of the Complaint insofar as those allegations are
not directed against this Defendant. In the event said
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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 Paragraph Four of 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 Paragraph Five of 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 Julio Pena, demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
‘AIRD Col
1 This Defendant repeats and reiterates his
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 Paragraph Two of the Third Count
of the Complaint insofar as those allegations are not
du
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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 Paragraph Three of 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 Paragraph Four of the Third Count
of the Complaint insofar those allegations are not
directed against this Nefendant . 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 Paragraph Five of 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 Julio Pena, demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
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FOURTH COUNT
1 This Defendant repeats and reiterates his
answers to each and every allegation in the Third Count as
though fully set forth at length therein.
2 This Defendant makes no response to the
allegations contained in Paragraph Two of 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 Paragraph Three of 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 Julio Pena, demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
FIRTH COUNT
1 This Defendant repeats and reiterates his
answers to each and every allegation set forth in the
Fourth Count as though fully set forth at length therein.
~6-
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2 This Defendant makes no response to the
allegations contained in Paragraph Two of. 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 Paragraph Three of 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.
4 This hefendant makes no response to the
allegations contained in Paragraph Four of 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 Julio Pena demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
-7-
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SIXTH COUNT
1 This Defendant repeats and reiterates his
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 befendant makes no response to the
allegations contained in paragraph Three of the Sixth
Count of the Complaint insofar as those allegations are
not directed against this Defendant. in the event said
allegatio ms
allegatior are deemed to construe negligence against this
thi
Defendant, then this Defendant denies same.
4 This Defendant makes no response to the
allegations contained in Paragraph Four of 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 Paragraph Five of the Sixth Count
of the Complaint insofar as those allegations are not
directed against this Defendant. In the event said
-8~
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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 Paragraph Six of 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 Julio Pena, demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
SEVENTH COUNT
1 This Defendant repeats and reiterates his
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 Paragraph Two of 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 Paragraph Three of the Seventh
Count of the Complaint insofar as those allegations are
:
Qu
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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 Julio Pena in Paragraph
Four of the Seventh Count of the Complaint.
WHEREFORE, Defendant Julio Pena demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
EIGHTH COUNT
1 This Defendant repeats and reiterates his
answers to each and every allegation set forth in the
Seventh Count as though fully set forth at length therein.
9 Denicd ac to Defendant
Defenda Julio Pena set
set £forth
rth in
Paragraph Two of the Eighth Count of the Complaint.
3 This Defendant makes no response to the
allegations contained in Paragraph Three of 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 Paragraph Four of the Bighth
Count of the Complaint insofar as those allegations are
not directed against this Defendant. In the event said
-10-
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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 Paragraph Five of the Eighth
Count of the Complaint inscfar as those allegations are
deemed to construe negligence against this Defendant. In
the event said allegations are deemed to construe
negligence against this Defendant, then this Defendant
denies same.
WHEREFORE, Defendant Julio Pena, demands judgment
against the Plaintiff, dismissing the Complaint with costs
of suit.
NINTH COUNT
1 This Defendant repeats and reiterates his
answers to each and every allegations set forth in the
Eighth Count as though fully set forth at length therein.
2. Denied as to Defendant, Julio Pena, as set forth
in Paragraph Two of the Ninth Cqunt of the Complaint.
3 Denied as to Defendant Julio Pena, as set forth
in Paragraph Three of the Ninth Count of the Complaint.
4 Denied as to Defendant, Julio Pena, as set forth
in Paragraph Four of the Ninth Count of the Complaint.
-ll-
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WHEREFORE, Defendant Julio Pena, 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 the Defendant.
2 The accident and damages complained of were the
result of the negligence of third parties and/or persons
over whom this Defendant had no control.
3 The accident and damages complained of were the
result of the negligence of the Plaintiff which either
caused the same or contributed to the happening thereof,
and this Defendant is not liable, therefore
rhererore, to the
Plaintiff.
4 The accident and damages complained of were the
result of the negligence of the Plaintiff which was
greater than any negligence of this Defendant, and this
Defendant is, therefore, not liable to the Plaintlff 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 Plaintiff and
the Plaintiff is chargeable with its proportionate share
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cf negligence which contributed to the happening of the
accident pursuant to N.J.S.A. 2A:15-5.1, et seq.
6. Plaintiff is barred from recovery by reason of
the applicable provisions of the New Jersey Reparation
Reform Act, N.J.S.A. 39:6A-1, et seq.
4 The Doctrine of Avoidable Consequences bars some
or all of Plaintiff’s damages, as Plaintiff has failed to
avoid some or all of the consequences of the accident, or
to otherwise mitigate damages, by Plaintiff's 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.d.S.A, 2:15-97, i£ the
Plaintiff receives or in 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, Julio Pena, 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,
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9 The liability of Defendant, Julio Pena, if any,
to the Plaintiff 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 Plaintiff.
10. The liability of Defendant, Julio Pena, if any,
for Plaintiff's damages is limited by the provisions of
N.d.S.A. 2A:15-5.2 and 2A:15-5.3 based upon the percentage
of negligence assessed against Defendant, Julio Pena.
dl. Plaintiff fails to state a claim upon which
relief can be granted.
CROSSCLAIM FOR CONTRIBUTION AND INDEMNIFICATION
Defendant, Julio Pena, hereby demands 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:53-A-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 CROSSCLAIM!
The answering Defendant denies each and every
allegation of any Crossclaim which may be asserted against
him by any party in this litigation.
EMAND FOR ALL ALLOCATION PURSUANT TO R.4:7-5(c)
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4‘
1
If any Defendant settles with the Plaintiff prior to
trial, this Defendant will seek an allocation by 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{(¢) 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 g this pleading with true and complete copies of any
statements made by the client of this attorney pursuant to
Rule 4:10-2(¢). This demand is deemed te 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 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£).
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JURY _ DEMAND
Defendant, Julio Pena, hereby demands a trial by jury
as to all issues.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Louis J. Lamatina, Esq., is
designated as trial counsel.
CERTIFICATION
T 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
act pending in any er
other cour
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. IT am aware that if any of the foregoing
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statements made by me are wilfully false, I am subject to
punishment.
THE LAW OFFICK OF
LOUIS J. LAMATINA
oe
a
e
Preview
BER-L-005730-22 06/30/2023 11:07:42 AM Pglof19 Trans ID: LCV20231980914 THE LAW OFFICK OF LOUIS J. LAMATINA South 105 Farview Avenue Paramus, New Jersey 07652 (201) 291-1122 Attorney for Defendant Julio Pena . ID # 007081983 SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY DOCKET NO. BER-L-5730-22 eee He eee ESTATE OF MARKO GUBEROVIC by his Administrator Ad Prosequendum Nina Prall Civil Action Plaintiff ANSWER AND CROSSCLAIM, Vv SEPARATE DEFENSES AND JURY DEMAND BRYAN WOOD, ABC BAR 1-10 (Fictitious bar and owners of bar where Bryan Wood was overserved), JOE BARKEEP i-L0 (fictitious server of alcohol), SATIN DOLLS, XYZ BAR OWNERS 1-5 (Fictitious Entity owning Satin Dolls), JANE BARTENDER 1-10 (Fictitious : server of alcohol at Satin Dolls), FERO HOTI, ARDIAN HOTI, JULIO PENA, KEVIN AGUEDELO & CHRISTIAN REYES, ALLSTATE INSURANCE COMPANY (UM and/or UIM Coverage/Purposes), ABC Insurance Company 1-10 (Names being fictitious companies) Defendants ee teen x Defendant, Julio Pena, by way of Answer to the Complaint, says: FACTS AS TO ALL COUNTS BER-L-005730-22 06/30/2023 11:07:42 AM Pg2of19 Trans ID: LCV20231980914 1 The 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 Julio Pena, set forth in Paragraph Two of the Facts Count. 3 This Defendant makes no response to the allegations contained in Paragraph Two of the Facts Count of the Complaint 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, Julio Pena, set forth in Paragraph One of the First Count. 2 This Defendant makes no response to the allegations contained in Paragraph Two of 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 Paragraph Three of the First Count of the Complaint insofar as those allegations are -2- BER-L-005730-22 06/30/2023 11:07:42 AM Pg3of19 Trans ID: LCV20231980914 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 Julio Pena, 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 Julio Pena, demands judgment against the Plaintiff, dismissing the Complaint with costs of suit, SECOND COUNT 1 This Defendant repeats and reiterates his 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 Paragraph Two of the Second Count of the Complaint insofar as those allegations are not directed against this Defendant, In the event said allegation re deemed to construe negligence against this Defendant, then this Defendant denies same. 3 This Defendant makes no response to the allegations contained in Paragraph Three of the Second Count of the Complaint insofar as those allegations are not directed against this Defendant. In the event said 34 BER-L-005730-22 06/30/2023 11:07:42 AM Pg4of19 Trans ID: LCV20231980914 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 Paragraph Four of 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 Paragraph Five of 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 Julio Pena, demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. ‘AIRD Col 1 This Defendant repeats and reiterates his 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 Paragraph Two of the Third Count of the Complaint insofar as those allegations are not du BER-L-005730-22 06/30/2023 11:07:42 AM Pg5of19 Trans ID: LCV20231980914 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 Paragraph Three of 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 Paragraph Four of the Third Count of the Complaint insofar those allegations are not directed against this Nefendant . 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 Paragraph Five of 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 Julio Pena, demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. =5- BER-L-005730-22 06/30/2023 11:07:42 AM Pg6of19 Trans ID: LCV20231980914 FOURTH COUNT 1 This Defendant repeats and reiterates his answers to each and every allegation in the Third Count as though fully set forth at length therein. 2 This Defendant makes no response to the allegations contained in Paragraph Two of 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 Paragraph Three of 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 Julio Pena, demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. FIRTH COUNT 1 This Defendant repeats and reiterates his answers to each and every allegation set forth in the Fourth Count as though fully set forth at length therein. ~6- BER-L-005730-22 06/30/2023 11:07:42 AM Pg7of19 Trans ID: LCV20231980914 2 This Defendant makes no response to the allegations contained in Paragraph Two of. 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 Paragraph Three of 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. 4 This hefendant makes no response to the allegations contained in Paragraph Four of 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 Julio Pena demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. -7- BER-L-005730-22 06/30/2023 11:07:42 AM Pg 8of19 Trans ID: LCV20231980914 SIXTH COUNT 1 This Defendant repeats and reiterates his 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 befendant makes no response to the allegations contained in paragraph Three of the Sixth Count of the Complaint insofar as those allegations are not directed against this Defendant. in the event said allegatio ms allegatior are deemed to construe negligence against this thi Defendant, then this Defendant denies same. 4 This Defendant makes no response to the allegations contained in Paragraph Four of 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 Paragraph Five of the Sixth Count of the Complaint insofar as those allegations are not directed against this Defendant. In the event said -8~ BER-L-005730-22 06/30/2023 11:07:42 AM Pg9of19 Trans ID: LCV20231980914 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 Paragraph Six of 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 Julio Pena, demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. SEVENTH COUNT 1 This Defendant repeats and reiterates his 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 Paragraph Two of 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 Paragraph Three of the Seventh Count of the Complaint insofar as those allegations are : Qu BER-L-005730-22 06/30/2023 11:07:42 AM Pg10of19 Trans ID: LCV20231980914 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 Julio Pena in Paragraph Four of the Seventh Count of the Complaint. WHEREFORE, Defendant Julio Pena demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. EIGHTH COUNT 1 This Defendant repeats and reiterates his answers to each and every allegation set forth in the Seventh Count as though fully set forth at length therein. 9 Denicd ac to Defendant Defenda Julio Pena set set £forth rth in Paragraph Two of the Eighth Count of the Complaint. 3 This Defendant makes no response to the allegations contained in Paragraph Three of 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 Paragraph Four of the Bighth Count of the Complaint insofar as those allegations are not directed against this Defendant. In the event said -10- BER-L-005730-22 06/30/2023 11:07:42 AM Pg 1llof19 Trans ID: LCV20231980914 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 Paragraph Five of the Eighth Count of the Complaint inscfar as those allegations are deemed to construe negligence against this Defendant. In the event said allegations are deemed to construe negligence against this Defendant, then this Defendant denies same. WHEREFORE, Defendant Julio Pena, demands judgment against the Plaintiff, dismissing the Complaint with costs of suit. NINTH COUNT 1 This Defendant repeats and reiterates his answers to each and every allegations set forth in the Eighth Count as though fully set forth at length therein. 2. Denied as to Defendant, Julio Pena, as set forth in Paragraph Two of the Ninth Cqunt of the Complaint. 3 Denied as to Defendant Julio Pena, as set forth in Paragraph Three of the Ninth Count of the Complaint. 4 Denied as to Defendant, Julio Pena, as set forth in Paragraph Four of the Ninth Count of the Complaint. -ll- BER-L-005730-22 06/30/2023 11:07:42 AM Pg12of19 Trans ID: LCV20231980914 WHEREFORE, Defendant Julio Pena, 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 the Defendant. 2 The accident and damages complained of were the result of the negligence of third parties and/or persons over whom this Defendant had no control. 3 The accident and damages complained of were the result of the negligence of the Plaintiff which either caused the same or contributed to the happening thereof, and this Defendant is not liable, therefore rhererore, to the Plaintiff. 4 The accident and damages complained of were the result of the negligence of the Plaintiff which was greater than any negligence of this Defendant, and this Defendant is, therefore, not liable to the Plaintlff 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 Plaintiff and the Plaintiff is chargeable with its proportionate share -12- BER-L-005730-22 06/30/2023 11:07:42 AM Pg 13 0f19 Trans ID: LCV20231980914 cf negligence which contributed to the happening of the accident pursuant to N.J.S.A. 2A:15-5.1, et seq. 6. Plaintiff is barred from recovery by reason of the applicable provisions of the New Jersey Reparation Reform Act, N.J.S.A. 39:6A-1, et seq. 4 The Doctrine of Avoidable Consequences bars some or all of Plaintiff’s damages, as Plaintiff has failed to avoid some or all of the consequences of the accident, or to otherwise mitigate damages, by Plaintiff's 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.d.S.A, 2:15-97, i£ the Plaintiff receives or in 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, Julio Pena, 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, -13- BER-L-005730-22 06/30/2023 11:07:42 AM Pg14o0f19 Trans ID: LCV20231980914 9 The liability of Defendant, Julio Pena, if any, to the Plaintiff 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 Plaintiff. 10. The liability of Defendant, Julio Pena, if any, for Plaintiff's damages is limited by the provisions of N.d.S.A. 2A:15-5.2 and 2A:15-5.3 based upon the percentage of negligence assessed against Defendant, Julio Pena. dl. Plaintiff fails to state a claim upon which relief can be granted. CROSSCLAIM FOR CONTRIBUTION AND INDEMNIFICATION Defendant, Julio Pena, hereby demands 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:53-A-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 CROSSCLAIM! The answering Defendant denies each and every allegation of any Crossclaim which may be asserted against him by any party in this litigation. EMAND FOR ALL ALLOCATION PURSUANT TO R.4:7-5(c) -14- BER-L-005730-22 06/30/2023 11:07:42 AM Pg15of19 Trans ID: LCV20231980914 4‘ 1 If any Defendant settles with the Plaintiff prior to trial, this Defendant will seek an allocation by 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{(¢) 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 g this pleading with true and complete copies of any statements made by the client of this attorney pursuant to Rule 4:10-2(¢). This demand is deemed te 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 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£). -15- BER-L-005730-22 06/30/2023 11:07:42 AM Pg16o0f19 Trans ID: LCV20231980914 JURY _ DEMAND Defendant, Julio Pena, hereby demands a trial by jury as to all issues. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Louis J. Lamatina, Esq., is designated as trial counsel. CERTIFICATION T 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 act pending in any er other cour 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. IT am aware that if any of the foregoing “16- BER-L-005730-22 06/30/2023 11:07:42 AM Pg17of19 Trans ID: LCV20231980914 statements made by me are wilfully false, I am subject to punishment. THE LAW OFFICK OF LOUIS J. LAMATINA oe a e