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MID-L-000365-23 04/11/2023 9:15:22 AM Pg 1 of 7 Trans ID: LCV20231231811
Kerri McDowell, Esq.
Attorney No. 023022007
FLANAGAN, BARONE & O’BRIEN, LLC
4 Essex Ave. Suite 200
P.O. Box 259
Bernardsville, NJ 07924
T: (908) 658-3800
F: (908) 658-4659
Attorneys for Defendant, Danielle Zelasko
Our File No: (637) 28403-KAM
ANTONIO CASTANEDA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO: MID-L-365-23
v. CIVIL ACTION
DANIELLE ZELASKO, JOHN DOE 1- ANSWER, SEPARATE DEFENSES,
10 and ABC CORPORATIONS 1-10 CERTIFICATIONS, DISCOVERY
DEMANDS, DESIGNATION OF TRIAL
COUNSEL AND FOR JURY DEMAND
Defendant.
Defendant, Danielle Zelasko, through her attorney and in answer to the complaint,
alleges and says:
FIRST COUNT
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 2 of 7 Trans ID: LCV20231231811
1. Defendant is without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraph one of the First Count of the
complaint.
2. Defendant denies the allegations contained in paragraph two of the First
Count of the complaint, except to admit place and time.
3. Defendant denies the allegations contained in paragraph three of the First
Count of the complaint.
4. Defendant denies the allegations contained in paragraph four of the First
Count of the complaint.
WHEREFORE defendant demands judgment dismissing the complaint and all
crossclaims and awarding counsel fees and costs.
SECOND COUNT
1. Defendant repeats her responses to the allegations of the First Count of the
Complaint and incorporates same herein as though set forth at length.
2. Defendant is without knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraph two of the Second Count of the
complaint.
3. Defendant denies the allegations contained in paragraph three of the
Second Count of the complaint.
WHEREFORE defendant demands judgment dismissing the complaint and all
crossclaims and awarding counsel fees and costs.
THIRD COUNT
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 3 of 7 Trans ID: LCV20231231811
1. Defendant repeats her responses to the allegations of the First and Second
Counts of the Complaint and incorporates same herein as though set forth at length.
3. Defendant denies the allegations contained in paragraph two of the Third
Count of the complaint.
WHEREFORE defendant demands judgment dismissing the complaint and all
crossclaims and awarding counsel fees and costs.
SEPARATE DEFENSES
1. The Complaint fails to state a claim upon which relief can be granted.
2. The Complaint is barred by virtue of insufficiency of the service of
process.
3. The Complaint is barred by the provisions of the applicable statute of
limitations.
4. The Complaint is barred by lack of jurisdiction over the person.
5. The Complaint is barred by lack of jurisdiction over the subject matter.
6. Plaintiff’s claims may be barred in whole or in part by the Entire
Controversy Doctrine.
7. Alleged damages complained of were due to unavoidable circumstances
and causes beyond the control or fault of defendant.
8. Plaintiff is guilty of comparative negligence which negligence is greater
than that of this defendant, and plaintiff is therefore barred from recovery.
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 4 of 7 Trans ID: LCV20231231811
9. The plaintiff is guilty of any negligence which was the proximate or
producing cause of any injuries, losses or damages alleged to have been sustained by the
plaintiffs.
10. The plaintiff’s claims may be barred in whole or in part to the extent that
the plaintiff has failed to exercise reasonable care and diligence to mitigate his alleged
damages and recover, if any, against this defendant must reflect a reduction for their
failure.
11. Plaintiff has already been paid the reasonable value of any purported
injuries or damages as a result of the subject accident and, therefore, the claims for such
sums asserted herein are barred.
12. The plaintiff is limited in recovery against this defendant to the
percentages permitted by law pursuant to N.J.S.A. 2A:15-5.3.
13. This defendant claims a credit against any judgment rendered herein with
regard to all amounts paid or payable to the plaintiffs by any other sources for the injuries
alleged herein pursuant to N.J.S.A. 2A:15-97 and as otherwise provided by law.
14. This defendant pleads the applicability of the New Jersey Automobile
Insurance Cost Reduction Act (AICRA) including the verbal threshold limitation,
N.J.S.A. 39:6A-8, by reason whereof the plaintiffs is barred from recovery.
15. Plaintiff has failed to meet the medical expense threshold for filing a
lawsuit for personal injuries.
16. The complaint is barred by virtue of the doctrine of estoppel, doctrine of
laches and doctrine of waiver.
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17. Any injuries, losses or damages alleged to have been sustained by the
plaintiff were the acts or omissions of a third person or persons, instrumentality or agency
over whom this defendant had no control.
18. Defendant hereby reserve his rights to assert additional affirmative
defenses that may be pertinent to the plaintiff’s claims when the precise nature of such
claims is ascertained through discovery and based upon facts developed as this matter
progresses. The foregoing responses and affirmative defenses have been set forth upon
information and belief, and this defendant’s present knowledge of the facts, and
reasonable expectations of the evidence that discovery will disclose. In the event that
discovery demonstrates that any of the foregoing defenses are not relevant, they will be
withdrawn.
JURY DEMAND
DEMAND is hereby made for a trial by jury on all issues.
FLANAGAN, BARONE & O’BRIEN, LLC
Attorneys for defendant, Danielle Zelasko
/s/ Kerri A. McDowell
By: ___________________________________
KERRI A. McDOWELL
Dated: April 10, 2023
CERTIFICATION
I hereby certify that the within pleading was served within the time period
provided by R. 4:6-1(a) or (c) as extended by Stipulation.
FLANAGAN, BARONE & O’BRIEN, LLC
Attorneys for defendant, Danielle Zelasko
/s/ Kerri A. McDowell
By: ___________________________________
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 6 of 7 Trans ID: LCV20231231811
KERRI A. McDOWELL
Dated: April 10, 2023
RULE 4:5-1 CERTIFICATION
I further certify, that to the best of my knowledge, in accordance with R. 4:5-1,
this matter is not the subject of any other action pending in any court nor is it the subject
matter of a pending arbitration proceeding.
FLANAGAN, BARONE & O’BRIEN, LLC
Attorneys for defendant, Danielle Zelasko
/s/ Kerri A. McDowell
By: ___________________________________
KERRI A. McDOWELL
Dated: April 10, 2023
ANSWERS TO UNIFORM FORM “A” INTERROGATORIES
DEMAND is hereby made, of Plaintiff for Answers to Uniform Form “A” and “B”
Interrogatories within the time and in the manner prescribed by the applicable Rules of Court.
DEMAND FOR EXPERT REPORTS
The answering defendant hereby demands, pursuant to Rule 4:10-2(d)(1), that
within thirty (30) days from the date hereof, plaintiff furnish written report(s) from his
expert stating the substance of the facts and opinions to which said experts are expected
to testify with regard to the allegations directed against the answering defendant.
Otherwise, the answering defendant will object to any expert at the time of trial.
FLANAGAN, BARONE & O’BRIEN, LLC
Attorneys for defendant, Danielle Zelasko
/s/ Kerri A. McDowell
By: ___________________________________
KERRI A. McDOWELL
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 7 of 7 Trans ID: LCV20231231811
Dated: April 10, 2023
RULE 1:38-7(b) CERTIFICATION
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).
DESIGNATION OF TRIAL COUNSEL
Pursuant to the provisions of Rule 4:25-4, the Court is hereby advised that KERRI
A. McDOWELL, ESQ. has been designated Trial Counsel in this matter.
FLANAGAN, BARONE & O’BRIEN, LLC
Attorneys for defendant, Danielle Zelasko
/s/ Kerri A. McDowell
By: ___________________________________
KERRI A. McDOWELL
Dated: April 10, 2023
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 1 of 1 Trans ID: LCV20231231811
/s/ Kerri A. McDowell
April 11, 2023
MID-L-000365-23 04/11/2023
MID-L-000365-23 04/11/20239:15:22
9:15:00AM
AM Pg 1 of 1 Trans
TransID:
ID:LCV20231231811
LCV20231231811
Civil Case Information Statement
Case Details: MIDDLESEX | Civil Part Docket# L-000365-23
Case Caption: CASTANEDA ANTONIO VS ZELASKO Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL
DANIELLE THRESHOLD)
Case Initiation Date: 01/20/2023 Document Type: Answer W/Jury Demand
Attorney Name: KERRI ANN MC DOWELL Jury Demand: YES - 6 JURORS
Firm Name: FLANAGAN, BARONE, & O'BRIEN, LLC Is this a professional malpractice case? NO
Address: 4 ESSEX AVE, STE 200 P.O. BOX 259 Related cases pending: NO
BERNARDSVILLE NJ 07924 If yes, list docket numbers:
Phone: 9086583800 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : ZELASKO, DANIELLE, E transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): NEW JERSEY MANUFACTURES INS CO
Are sexual abuse claims alleged by: ANTONIO CASTANEDA? 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)
04/11/2023 /s/ KERRI ANN MC DOWELL
Dated Signed
Preview
MID-L-000365-23 04/11/2023 9:15:22 AM Pg 1 of 7 Trans ID: LCV20231231811 Kerri McDowell, Esq. Attorney No. 023022007 FLANAGAN, BARONE & O’BRIEN, LLC 4 Essex Ave. Suite 200 P.O. Box 259 Bernardsville, NJ 07924 T: (908) 658-3800 F: (908) 658-4659 Attorneys for Defendant, Danielle Zelasko Our File No: (637) 28403-KAM ANTONIO CASTANEDA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, DOCKET NO: MID-L-365-23 v. CIVIL ACTION DANIELLE ZELASKO, JOHN DOE 1- ANSWER, SEPARATE DEFENSES, 10 and ABC CORPORATIONS 1-10 CERTIFICATIONS, DISCOVERY DEMANDS, DESIGNATION OF TRIAL COUNSEL AND FOR JURY DEMAND Defendant. Defendant, Danielle Zelasko, through her attorney and in answer to the complaint, alleges and says: FIRST COUNT MID-L-000365-23 04/11/2023 9:15:22 AM Pg 2 of 7 Trans ID: LCV20231231811 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph one of the First Count of the complaint. 2. Defendant denies the allegations contained in paragraph two of the First Count of the complaint, except to admit place and time. 3. Defendant denies the allegations contained in paragraph three of the First Count of the complaint. 4. Defendant denies the allegations contained in paragraph four of the First Count of the complaint. WHEREFORE defendant demands judgment dismissing the complaint and all crossclaims and awarding counsel fees and costs. SECOND COUNT 1. Defendant repeats her responses to the allegations of the First Count of the Complaint and incorporates same herein as though set forth at length. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph two of the Second Count of the complaint. 3. Defendant denies the allegations contained in paragraph three of the Second Count of the complaint. WHEREFORE defendant demands judgment dismissing the complaint and all crossclaims and awarding counsel fees and costs. THIRD COUNT MID-L-000365-23 04/11/2023 9:15:22 AM Pg 3 of 7 Trans ID: LCV20231231811 1. Defendant repeats her responses to the allegations of the First and Second Counts of the Complaint and incorporates same herein as though set forth at length. 3. Defendant denies the allegations contained in paragraph two of the Third Count of the complaint. WHEREFORE defendant demands judgment dismissing the complaint and all crossclaims and awarding counsel fees and costs. SEPARATE DEFENSES 1. The Complaint fails to state a claim upon which relief can be granted. 2. The Complaint is barred by virtue of insufficiency of the service of process. 3. The Complaint is barred by the provisions of the applicable statute of limitations. 4. The Complaint is barred by lack of jurisdiction over the person. 5. The Complaint is barred by lack of jurisdiction over the subject matter. 6. Plaintiff’s claims may be barred in whole or in part by the Entire Controversy Doctrine. 7. Alleged damages complained of were due to unavoidable circumstances and causes beyond the control or fault of defendant. 8. Plaintiff is guilty of comparative negligence which negligence is greater than that of this defendant, and plaintiff is therefore barred from recovery. MID-L-000365-23 04/11/2023 9:15:22 AM Pg 4 of 7 Trans ID: LCV20231231811 9. The plaintiff is guilty of any negligence which was the proximate or producing cause of any injuries, losses or damages alleged to have been sustained by the plaintiffs. 10. The plaintiff’s claims may be barred in whole or in part to the extent that the plaintiff has failed to exercise reasonable care and diligence to mitigate his alleged damages and recover, if any, against this defendant must reflect a reduction for their failure. 11. Plaintiff has already been paid the reasonable value of any purported injuries or damages as a result of the subject accident and, therefore, the claims for such sums asserted herein are barred. 12. The plaintiff is limited in recovery against this defendant to the percentages permitted by law pursuant to N.J.S.A. 2A:15-5.3. 13. This defendant claims a credit against any judgment rendered herein with regard to all amounts paid or payable to the plaintiffs by any other sources for the injuries alleged herein pursuant to N.J.S.A. 2A:15-97 and as otherwise provided by law. 14. This defendant pleads the applicability of the New Jersey Automobile Insurance Cost Reduction Act (AICRA) including the verbal threshold limitation, N.J.S.A. 39:6A-8, by reason whereof the plaintiffs is barred from recovery. 15. Plaintiff has failed to meet the medical expense threshold for filing a lawsuit for personal injuries. 16. The complaint is barred by virtue of the doctrine of estoppel, doctrine of laches and doctrine of waiver. MID-L-000365-23 04/11/2023 9:15:22 AM Pg 5 of 7 Trans ID: LCV20231231811 17. Any injuries, losses or damages alleged to have been sustained by the plaintiff were the acts or omissions of a third person or persons, instrumentality or agency over whom this defendant had no control. 18. Defendant hereby reserve his rights to assert additional affirmative defenses that may be pertinent to the plaintiff’s claims when the precise nature of such claims is ascertained through discovery and based upon facts developed as this matter progresses. The foregoing responses and affirmative defenses have been set forth upon information and belief, and this defendant’s present knowledge of the facts, and reasonable expectations of the evidence that discovery will disclose. In the event that discovery demonstrates that any of the foregoing defenses are not relevant, they will be withdrawn. JURY DEMAND DEMAND is hereby made for a trial by jury on all issues. FLANAGAN, BARONE & O’BRIEN, LLC Attorneys for defendant, Danielle Zelasko /s/ Kerri A. McDowell By: ___________________________________ KERRI A. McDOWELL Dated: April 10, 2023 CERTIFICATION I hereby certify that the within pleading was served within the time period provided by R. 4:6-1(a) or (c) as extended by Stipulation. FLANAGAN, BARONE & O’BRIEN, LLC Attorneys for defendant, Danielle Zelasko /s/ Kerri A. McDowell By: ___________________________________ MID-L-000365-23 04/11/2023 9:15:22 AM Pg 6 of 7 Trans ID: LCV20231231811 KERRI A. McDOWELL Dated: April 10, 2023 RULE 4:5-1 CERTIFICATION I further certify, that to the best of my knowledge, in accordance with R. 4:5-1, this matter is not the subject of any other action pending in any court nor is it the subject matter of a pending arbitration proceeding. FLANAGAN, BARONE & O’BRIEN, LLC Attorneys for defendant, Danielle Zelasko /s/ Kerri A. McDowell By: ___________________________________ KERRI A. McDOWELL Dated: April 10, 2023 ANSWERS TO UNIFORM FORM “A” INTERROGATORIES DEMAND is hereby made, of Plaintiff for Answers to Uniform Form “A” and “B” Interrogatories within the time and in the manner prescribed by the applicable Rules of Court. DEMAND FOR EXPERT REPORTS The answering defendant hereby demands, pursuant to Rule 4:10-2(d)(1), that within thirty (30) days from the date hereof, plaintiff furnish written report(s) from his expert stating the substance of the facts and opinions to which said experts are expected to testify with regard to the allegations directed against the answering defendant. Otherwise, the answering defendant will object to any expert at the time of trial. FLANAGAN, BARONE & O’BRIEN, LLC Attorneys for defendant, Danielle Zelasko /s/ Kerri A. McDowell By: ___________________________________ KERRI A. McDOWELL MID-L-000365-23 04/11/2023 9:15:22 AM Pg 7 of 7 Trans ID: LCV20231231811 Dated: April 10, 2023 RULE 1:38-7(b) CERTIFICATION 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). DESIGNATION OF TRIAL COUNSEL Pursuant to the provisions of Rule 4:25-4, the Court is hereby advised that KERRI A. McDOWELL, ESQ. has been designated Trial Counsel in this matter. FLANAGAN, BARONE & O’BRIEN, LLC Attorneys for defendant, Danielle Zelasko /s/ Kerri A. McDowell By: ___________________________________ KERRI A. McDOWELL Dated: April 10, 2023 MID-L-000365-23 04/11/2023 9:15:22 AM Pg 1 of 1 Trans ID: LCV20231231811 /s/ Kerri A. McDowell April 11, 2023 MID-L-000365-23 04/11/2023 MID-L-000365-23 04/11/20239:15:22 9:15:00AM AM Pg 1 of 1 Trans TransID: ID:LCV20231231811 LCV20231231811 Civil Case Information Statement Case Details: MIDDLESEX | Civil Part Docket# L-000365-23 Case Caption: CASTANEDA ANTONIO VS ZELASKO Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL DANIELLE THRESHOLD) Case Initiation Date: 01/20/2023 Document Type: Answer W/Jury Demand Attorney Name: KERRI ANN MC DOWELL Jury Demand: YES - 6 JURORS Firm Name: FLANAGAN, BARONE, & O'BRIEN, LLC Is this a professional malpractice case? NO Address: 4 ESSEX AVE, STE 200 P.O. BOX 259 Related cases pending: NO BERNARDSVILLE NJ 07924 If yes, list docket numbers: Phone: 9086583800 Do you anticipate adding any parties (arising out of same Name of Party: DEFENDANT : ZELASKO, DANIELLE, E transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): NEW JERSEY MANUFACTURES INS CO Are sexual abuse claims alleged by: ANTONIO CASTANEDA? 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) 04/11/2023 /s/ KERRI ANN MC DOWELL Dated Signed