Preview
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 1 of 13 Trans ID: LCV20222334411
MATTHEW J. PLATKIN
ACTING ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
PO Box 116
Trenton, New Jersey 08625
Attorney f or Defendant ,
State of New Jersey
By: Shane Williams (266092018)
Deputy Attorney General
609-376-3253
Shane.Williams@law.njoag.gov
Miriam Kitrick SUPERIOR COURT OF NEW JERSEY
LAW DIVISION HUDSON COUNTY
Plaintiff, DOCKET NO. HUD-L-001603-22
v.
Angel Luis Gomez; Mirtha A.
Gomez; Donna McClure; Happy Time
Pre School & Day Care; Town of CIVIL ACTION
Kearny, Town of Kearny
Departmetn of Public Works;
County of Hudson, State of New ANSWER TO COMPLAINT AND
Jersey, John Doe or Jane Doe, CROSSCLAIMS, AFFIRMATIVE
ABC Corporation and XYZ DEFENSES, CROSS CLAIMS, JURY
Partnership (fictitious names) DEMAND AND DEMAND FOR DISCOVERY
Defendants.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 2 of 13 Trans ID: LCV20222334411
State of New Jersey, hereinafter referred to as State
Defendant, through its counsel, Matthew J. Platkin, Attorney
General of the State of New Jersey, Deputy Attorney General Shane
Williams appearing, hereby answers Plaintiff's Complaint as
follows:
FIRST COUNT
1. Defendant has insufficient information to form a belief
as to the truth of the allegations in this paragraph
and leaves Plaintiff to her proofs.
2. Defendant has insufficient information to form a belief
as to the truth of the allegations in this paragraph
and leaves Plaintiff to her proofs.
3. Defendant has insufficient information to form a belief
as to the truth of the allegations in this paragraph
and leaves Plaintiff to her proofs.
4. Defendant has insufficient information to form a belief
as to the truth of the allegations in this paragraph
and leaves Plaintiff to her proofs.
5. Defendant has insufficient information to form a belief
as to the truth of the allegations in this paragraph
and leaves Plaintiff to her proofs.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 3 of 13 Trans ID: LCV20222334411
WHEREFORE, Defendant demands judgment in its favor and
against Plaintiff dismissing Plaintiff's Complaint with prejudice,
plus costs.
SECOND COUNT
1. Defendant has insufficient information to form a belief as
to the truth of the allegations in this paragraph and
leaves Plaintiff to her proofs.
2. Defendant has insufficient information to form a belief as
to the truth of the allegations in this paragraph and
leaves Plaintiff to her proofs.
3. Defendant has insufficient information to form a belief as
to the truth of the allegations in this paragraph and
leaves Plaintiff to her proofs.
WHEREFORE, Defendant demands judgment in its favor and
against Plaintiff dismissing Plaintiff's Complaint with prejudice,
plus costs.
SEPARATE DEFENSES
FIRST SEPARATE DEFENSE
The service of the summons and complaint upon the State
Defendant was insufficient by reason of manner of service of
process and insufficiency of service of process.
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SECOND SEPARATE DEFENSE
The court lacks subject matter jurisdiction over the within
controversy.
THIRD SEPARATE DEFENSE
The court lacks in personam jurisdiction over this defendant.
FOURTH SEPARATE DEFENSE
Venue is improper, and this defendant reserves the right to
move for transfer.
FIFTH SEPARATE DEFENSE
Plaintiff lacks standing to assert the claims contained in
the complaint.
SIXTH SEPARATE DEFENSE
Plaintiff's cause of action is preempted or otherwise
precluded by federal law or regulations covering the subject matter
of Plaintiff's claim with which defendant has fully complied.
SEVENTH SEPARATE DEFENSE
Recovery is barred by the failure of Plaintiff to give timely
notice of claim or to present a claim in accordance with N.J.S.A.
59:8-1 et seq.
EIGHTH SEPARATE DEFENSE
Recovery is barred in this action by the failure of the
Plaintiff's Complaint to state a claim upon which relief can be
granted.
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NINTH SEPARATE DEFENSE
The Complaint and the proceedings resulting therefrom and any
recovery resulting therefrom is barred, limited and/or controlled
by all provisions of the New Jersey Tort Claims Act, N. J. S .A. 59 : 1-
1 through 59:12-3 inclusive, including the immunities provided
therein, as if each section, provision, defense, and immunity were
listed herein separately, particularly, and at length.
TENTH SEPARATE DEFENSE
Plaintiff's claims are barred for failure to meet the
applicable limitations period for filing a claim under the Statute
of Repose, N.J.S.A. 2A: 14-1.1.
ELEVENTH SEPARATE DEFENSE
Recovery is barred in this action by the provisions of the
New Jersey Automobile Reparation Reform Act N.J.S.A. 39:6A-1 et
seq.
TWELFTH SEPARATE DEFENSE
Plaintiff's claims are barred by the applicable Federal and
State statute of limitation.
THIRTEENTH SEPARATE DEFENSE
Plaintiff was contributorily and/or comparatively negligent.
FOURTEENTH SEPARATE DEFENSE
Plaintiff failed to wear a seatbelt and any damages owed must
be reduced by Plaintiff's comparative negligence in failing to
wear same.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 6 of 13 Trans ID: LCV20222334411
FIFTEENTH SEPARATE DEFENSE
Plaintif f failed to mitigate or minimize her alleged injuries
or damages.
SIXTEENTH SEPARATE DEFENSE
Plaintiff's alleged injuries and damages were caused, in
whole or in part, by pre-existing conditions, or other contributory
or concurrent conditions or factors, including events occurring
prior or subsequent to the occurrence made the basis of Plaintiff ' s
claim against defendant.
SEVENTEENTH SEPARATE DEFENSE
The injuries alleged in the complaint are not the foreseeable
consequences of any act or omission and/or commission or conduct
on behalf of this defendant and are too remote and/or speculative
to warrant a recovery against this defendant.
EIGHTEENTH SEPARATE DEFENSE
The injuries were due to the acts or omissions of third
persons over whom this defendant had no control.
NINETEENTH SEPARATE DEFENSE
Insofar as Plaintiff's complaint attempts to assert,
explicitly or implicitly, that this defendant is a successor -in-
interest to any other entity or entities, all said averments are
specifically denied in their entirety.
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TWENTIETH SEPARATE DEFENSE
This defendant is entitled to a set off against any claim
asserted by Plaintiff of all such sums which have been paid or
funded by this defendant on behalf of Plaintiff .
TWENTY-FIRST SEPARATE DEFENSE
Defendant was not negligent and violated no duty to Plaintiff .
TWENTY-SECOND SEPARATE DEFENSE
Recovery is barred in this action by reason of a prior
judgment or settlement arising out of the same transaction.
TWENTY-THIRD SEPARATE DEFENSE
Recovery is barred in this action by virtue of the entire
controversy doctrine.
TWENTY-FOURTH SEPARATE DEFENSE
Recovery is barred in this action by the principles of res
judicata and collateral estoppel.
TWENTY-FIFTH SEPARATE DEFENSE
Recovery is barred in this action by principles of waiver.
TWENTY-SIXTH SEPARATE DEFENSE
Recovery is barred pursuant to the immunity set forth in
N.J.S.A. 2A:53A-7 (charitable immunity).
TWENTY-SEVENTH SEPARATE DEFENSE
Recovery is barred by virtue of the Worker's Compensation Act
and N.J.S.A. 34:15-8.
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TWENTY-EIGHTH SEPARATE DEFENSE
Recovery in this action is barred by the New Jersey
Contractual Liability Act, N.J.S.A. 59:13-1, et seq.
TWENTY-NINTH SEPARATE DEFENSE
Recovery is barred in this action pursuant to Federal
Preemption, including but not limited to all regulations
promulgated under the FRA, United States Code and Code of Federal
Regulations.
THIRTIETH SEPARATE DEFENSE
Answering Defendant acted in good faith at all times.
THIRTY-FIRST SEPARATE DEFENSE
The conduct of Answering Defendant was reasonable, proper,
and within the scope of its authority.
THIRTY-SECOND SEPARATE DEFENSE
Plaintiff is barred from seeking punitive damages as
answering Defendants did not act with evil motive or intent, or
reckless or callous indifference to the federally protected rights
of others .
THIRTY-THIRD SEPARATE DEFENSE
Recovery is barred in this action as there is no custom,
policy or practice that creates liability under 42 U.S.C. § 1983
or the New Jersey Civil Rights Act.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 9 of 13 Trans ID: LCV20222334411
ANSWER TO CROSSCLAIMS
Defendant, by way of Answer to any and all Crossclaims which
may be made against it says:
Defendant denies all allegations of any crossclaim that
crossclaimants are entitled to relief sought.
WHEREFORE, State Defendant demands judgment dismissing any
crossclaim, plus costs.
CROSSCLAIM FOR
CONTRIBUTION AND INDEMNIFICATION
Without admitting any liability whatsoever, State Defendant
hereby demands from any/all other defendants currently named or to
be named to this action both contribution and indemnification
pursuant to any/all applicable provisions of common law and/or
contract and/or statute (including but not limited to the New
Jersey Joint Tortfeasors Contribution Act, N.J.S.A. 2:53A-1 et
seq.; the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq.;
the New Jersey Tort Claims Act, N.J.S.A. 59:9-3, 9-4), by way of
demand for complete indemnification against all other defendants
currently named or to be named, assert that any negligence on the
part of these answering defendants is only secondary, vicarious,
and imputed whereas the negligence of any/all such other defendants
was primary, direct, and active.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 10 of 13 Trans ID: LCV20222334411
REQUEST FOR ALLOCATION
Pursuant to Young v. Latta, 123 N.J. 584 (1991), State
Defendant hereby advises that if any co-Defendant settles the
within matter prior to conclusion of trial, the liability of any
settling co-Defendants shall remain an issue and State Defendant
shall seek an allocation of percentage of negligence by the finder
of fact against such a settling co-Defendant and/or a credit in
favor of State defendant consistent with such allocation.
Furthermore, Defendant hereby advises that it intends to seek
an allocation of the percentage of negligence by the finder of
fact against any and all persons and entities, whether public or
private, who may have caused and/or contributed to the happening
of the accident whether or not such tortfeasors have been joined
as parties to this action, and that this shall constitute
Defendant's "fair and timely" notice of such intention to all
parties, pursuant to the principles set forth in Young v. Latta,
123 N.J. 584 (1991) ; Bolz v. Bolz, 400 N.J. Super. 154 (App.Div
2008) ; Jones v. Morey's Pier, Inc. , 230 N.J. 142 (2017) ; Krzykalski
v. Tindal, 2018 N.J. LEXIS 484, and similar cases interpreting the
Comparative Negligence Act N.J.S.A. 2A:15-5.1 et seq. and the Joint
Tortfeasor Contribution Law N.J.S.A. 2A:53A-1 et seq.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 11 of 13 Trans ID: LCV20222334411
REQUEST FOR STATEMENT OF DAMAGES
A written statement of the amount of damages claimed is hereby
requested pursuant to R. 4:5-2 within five days of service.
JURY DEMAND
Defendant demands a trial by jury on all issues in the cause.
NOTICE PURSUANT TO RULES 1:5-1(a) AND 4:17-4
PLEASE TAKE NOTICE that the undersigned attorneys do hereby
demand, pursuant to the above -cited Rules of Court, that each party
herein serving pleadings and interrogatories and receiving answers
thereto, serve copies of all such pleadings and answered
interrogatories, and all documents, papers and other material
referred to therein, received from any party, upon the undersigned
attorneys, and TAKE NOTICE that this is a CONTINUING demand.
RESERVATION OF RIGHTS
Defendant reserves the right, at or before trial, to move to
dismiss the complaint and/or for summary judgment, on the ground
that the complaint fails to state a claim upon which relief can be
granted and/or the defendants are entitled to judgment as a matter
of law, based on any or all of the above defenses.
DEMAND FOR ANSWERS TO INTERROGATORIES
Pursuant to Rule 4:17-1(b)2, demand is hereby made that
Plaintiff answer the discovery demands listed below:
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 12 of 13 Trans ID: LCV20222334411
Form A Uniform Interrogatories to be answered by Plaintiff
in all Personal Injury cases (except medical malpractice
cases )
DEMAND FOR SIGNED AUTHORIZATIONS
Pursuant to Rule 4:17-4(f), demands is hereby made that
Plaintiff provide signed authorizations contemporaneous with
service of Plaintiff's answers to interrogatories.
DESIGNATION OF TRIAL COUNSEL
Pursuant to the provisions of R. 4:25-4, the Court is
advised that Shane Williams, Deputy Attorney General, is hereby
designated as trial counsel.
MATTHEW J. PLATKIN
ACTING ATTORNEY GENERAL OF NEW JERSEY
By: /s/ Shane Williams
Shane Williams
Deputy Attorney General
266092018
CERTIFICATION REGARDING OTHER
PROCEEDINGS AND PARTIES
I certify in accordance with Rule. 4:5-1 that to the best of
my knowledge as of the date herein there are no other proceedings
either pending or contemplated with respect to the matter in
controversy in this action and no other parties who should be
joined in the action.
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 13 of 13 Trans ID: LCV20222334411
MATTHEW J. PLATKIN
ACTING ATTORNEY GENERAL OF NEW JEP.SEY
/s/ Shane Williams
Shane Williams
Deputy Attorney General
266092018
CERTIFICATION REGARDING SERVICE
I certify that a copy of the within pleading was served on
the attorney for Plaintiff within the time period allowed by Rule.
4 : 6 -1 or within the extended time period pursuant to Consent Order .
MATTHEW J. PLATKIN
ACTING ATTORNEY GENERAL OF NEW JERSEY
/s/ Shane [nTilliams
Shane Williams
Deputy Attorney General
266092018
HUD-L-001603-22 06/22/2022
HUD-L-001603-22 06/22/20222:25:06
2:23:20PM
PM Pg 1 of 1 Trans
TransID:
ID:LCV20222334411
LCV20222334411
Civil Case Information Statement
Case Details: HUDSON | Civil Part Docket# L-001603-22
Case Caption: KITRICK MIRIAM VS GOMEZ ANGEL Case Type: PERSONAL INJURY
Case Initiation Date: 05/13/2022 Document Type: Answer W/Jury Demand
Attorney Name: SHANE A WILLIAMS Jury Demand: YES - 6 JURORS
Firm Name: ATTORNEY GENERAL LAW Is this a professional malpractice case? NO
Address: 25 MARKET ST PO BOX 112 Related cases pending: NO
TRENTON NJ 08625 If yes, list docket numbers:
Phone: 6099843900 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : STATE OF NEW JERSEY 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: MIRIAM KITRICK? 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)
06/22/2022 /s/ SHANE A WILLIAMS
Dated Signed
Preview
HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 1 of 13 Trans ID: LCV20222334411 MATTHEW J. PLATKIN ACTING ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex PO Box 116 Trenton, New Jersey 08625 Attorney f or Defendant , State of New Jersey By: Shane Williams (266092018) Deputy Attorney General 609-376-3253 Shane.Williams@law.njoag.gov Miriam Kitrick SUPERIOR COURT OF NEW JERSEY LAW DIVISION HUDSON COUNTY Plaintiff, DOCKET NO. HUD-L-001603-22 v. Angel Luis Gomez; Mirtha A. Gomez; Donna McClure; Happy Time Pre School & Day Care; Town of CIVIL ACTION Kearny, Town of Kearny Departmetn of Public Works; County of Hudson, State of New ANSWER TO COMPLAINT AND Jersey, John Doe or Jane Doe, CROSSCLAIMS, AFFIRMATIVE ABC Corporation and XYZ DEFENSES, CROSS CLAIMS, JURY Partnership (fictitious names) DEMAND AND DEMAND FOR DISCOVERY Defendants. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 2 of 13 Trans ID: LCV20222334411 State of New Jersey, hereinafter referred to as State Defendant, through its counsel, Matthew J. Platkin, Attorney General of the State of New Jersey, Deputy Attorney General Shane Williams appearing, hereby answers Plaintiff's Complaint as follows: FIRST COUNT 1. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. 2. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. 3. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. 4. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. 5. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 3 of 13 Trans ID: LCV20222334411 WHEREFORE, Defendant demands judgment in its favor and against Plaintiff dismissing Plaintiff's Complaint with prejudice, plus costs. SECOND COUNT 1. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. 2. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. 3. Defendant has insufficient information to form a belief as to the truth of the allegations in this paragraph and leaves Plaintiff to her proofs. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff dismissing Plaintiff's Complaint with prejudice, plus costs. SEPARATE DEFENSES FIRST SEPARATE DEFENSE The service of the summons and complaint upon the State Defendant was insufficient by reason of manner of service of process and insufficiency of service of process. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 4 of 13 Trans ID: LCV20222334411 SECOND SEPARATE DEFENSE The court lacks subject matter jurisdiction over the within controversy. THIRD SEPARATE DEFENSE The court lacks in personam jurisdiction over this defendant. FOURTH SEPARATE DEFENSE Venue is improper, and this defendant reserves the right to move for transfer. FIFTH SEPARATE DEFENSE Plaintiff lacks standing to assert the claims contained in the complaint. SIXTH SEPARATE DEFENSE Plaintiff's cause of action is preempted or otherwise precluded by federal law or regulations covering the subject matter of Plaintiff's claim with which defendant has fully complied. SEVENTH SEPARATE DEFENSE Recovery is barred by the failure of Plaintiff to give timely notice of claim or to present a claim in accordance with N.J.S.A. 59:8-1 et seq. EIGHTH SEPARATE DEFENSE Recovery is barred in this action by the failure of the Plaintiff's Complaint to state a claim upon which relief can be granted. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 5 of 13 Trans ID: LCV20222334411 NINTH SEPARATE DEFENSE The Complaint and the proceedings resulting therefrom and any recovery resulting therefrom is barred, limited and/or controlled by all provisions of the New Jersey Tort Claims Act, N. J. S .A. 59 : 1- 1 through 59:12-3 inclusive, including the immunities provided therein, as if each section, provision, defense, and immunity were listed herein separately, particularly, and at length. TENTH SEPARATE DEFENSE Plaintiff's claims are barred for failure to meet the applicable limitations period for filing a claim under the Statute of Repose, N.J.S.A. 2A: 14-1.1. ELEVENTH SEPARATE DEFENSE Recovery is barred in this action by the provisions of the New Jersey Automobile Reparation Reform Act N.J.S.A. 39:6A-1 et seq. TWELFTH SEPARATE DEFENSE Plaintiff's claims are barred by the applicable Federal and State statute of limitation. THIRTEENTH SEPARATE DEFENSE Plaintiff was contributorily and/or comparatively negligent. FOURTEENTH SEPARATE DEFENSE Plaintiff failed to wear a seatbelt and any damages owed must be reduced by Plaintiff's comparative negligence in failing to wear same. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 6 of 13 Trans ID: LCV20222334411 FIFTEENTH SEPARATE DEFENSE Plaintif f failed to mitigate or minimize her alleged injuries or damages. SIXTEENTH SEPARATE DEFENSE Plaintiff's alleged injuries and damages were caused, in whole or in part, by pre-existing conditions, or other contributory or concurrent conditions or factors, including events occurring prior or subsequent to the occurrence made the basis of Plaintiff ' s claim against defendant. SEVENTEENTH SEPARATE DEFENSE The injuries alleged in the complaint are not the foreseeable consequences of any act or omission and/or commission or conduct on behalf of this defendant and are too remote and/or speculative to warrant a recovery against this defendant. EIGHTEENTH SEPARATE DEFENSE The injuries were due to the acts or omissions of third persons over whom this defendant had no control. NINETEENTH SEPARATE DEFENSE Insofar as Plaintiff's complaint attempts to assert, explicitly or implicitly, that this defendant is a successor -in- interest to any other entity or entities, all said averments are specifically denied in their entirety. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 7 of 13 Trans ID: LCV20222334411 TWENTIETH SEPARATE DEFENSE This defendant is entitled to a set off against any claim asserted by Plaintiff of all such sums which have been paid or funded by this defendant on behalf of Plaintiff . TWENTY-FIRST SEPARATE DEFENSE Defendant was not negligent and violated no duty to Plaintiff . TWENTY-SECOND SEPARATE DEFENSE Recovery is barred in this action by reason of a prior judgment or settlement arising out of the same transaction. TWENTY-THIRD SEPARATE DEFENSE Recovery is barred in this action by virtue of the entire controversy doctrine. TWENTY-FOURTH SEPARATE DEFENSE Recovery is barred in this action by the principles of res judicata and collateral estoppel. TWENTY-FIFTH SEPARATE DEFENSE Recovery is barred in this action by principles of waiver. TWENTY-SIXTH SEPARATE DEFENSE Recovery is barred pursuant to the immunity set forth in N.J.S.A. 2A:53A-7 (charitable immunity). TWENTY-SEVENTH SEPARATE DEFENSE Recovery is barred by virtue of the Worker's Compensation Act and N.J.S.A. 34:15-8. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 8 of 13 Trans ID: LCV20222334411 TWENTY-EIGHTH SEPARATE DEFENSE Recovery in this action is barred by the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et seq. TWENTY-NINTH SEPARATE DEFENSE Recovery is barred in this action pursuant to Federal Preemption, including but not limited to all regulations promulgated under the FRA, United States Code and Code of Federal Regulations. THIRTIETH SEPARATE DEFENSE Answering Defendant acted in good faith at all times. THIRTY-FIRST SEPARATE DEFENSE The conduct of Answering Defendant was reasonable, proper, and within the scope of its authority. THIRTY-SECOND SEPARATE DEFENSE Plaintiff is barred from seeking punitive damages as answering Defendants did not act with evil motive or intent, or reckless or callous indifference to the federally protected rights of others . THIRTY-THIRD SEPARATE DEFENSE Recovery is barred in this action as there is no custom, policy or practice that creates liability under 42 U.S.C. § 1983 or the New Jersey Civil Rights Act. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 9 of 13 Trans ID: LCV20222334411 ANSWER TO CROSSCLAIMS Defendant, by way of Answer to any and all Crossclaims which may be made against it says: Defendant denies all allegations of any crossclaim that crossclaimants are entitled to relief sought. WHEREFORE, State Defendant demands judgment dismissing any crossclaim, plus costs. CROSSCLAIM FOR CONTRIBUTION AND INDEMNIFICATION Without admitting any liability whatsoever, State Defendant hereby demands from any/all other defendants currently named or to be named to this action both contribution and indemnification pursuant to any/all applicable provisions of common law and/or contract and/or statute (including but not limited to the New Jersey Joint Tortfeasors Contribution Act, N.J.S.A. 2:53A-1 et seq.; the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq.; the New Jersey Tort Claims Act, N.J.S.A. 59:9-3, 9-4), by way of demand for complete indemnification against all other defendants currently named or to be named, assert that any negligence on the part of these answering defendants is only secondary, vicarious, and imputed whereas the negligence of any/all such other defendants was primary, direct, and active. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 10 of 13 Trans ID: LCV20222334411 REQUEST FOR ALLOCATION Pursuant to Young v. Latta, 123 N.J. 584 (1991), State Defendant hereby advises that if any co-Defendant settles the within matter prior to conclusion of trial, the liability of any settling co-Defendants shall remain an issue and State Defendant shall seek an allocation of percentage of negligence by the finder of fact against such a settling co-Defendant and/or a credit in favor of State defendant consistent with such allocation. Furthermore, Defendant hereby advises that it intends to seek an allocation of the percentage of negligence by the finder of fact against any and all persons and entities, whether public or private, who may have caused and/or contributed to the happening of the accident whether or not such tortfeasors have been joined as parties to this action, and that this shall constitute Defendant's "fair and timely" notice of such intention to all parties, pursuant to the principles set forth in Young v. Latta, 123 N.J. 584 (1991) ; Bolz v. Bolz, 400 N.J. Super. 154 (App.Div 2008) ; Jones v. Morey's Pier, Inc. , 230 N.J. 142 (2017) ; Krzykalski v. Tindal, 2018 N.J. LEXIS 484, and similar cases interpreting the Comparative Negligence Act N.J.S.A. 2A:15-5.1 et seq. and the Joint Tortfeasor Contribution Law N.J.S.A. 2A:53A-1 et seq. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 11 of 13 Trans ID: LCV20222334411 REQUEST FOR STATEMENT OF DAMAGES A written statement of the amount of damages claimed is hereby requested pursuant to R. 4:5-2 within five days of service. JURY DEMAND Defendant demands a trial by jury on all issues in the cause. NOTICE PURSUANT TO RULES 1:5-1(a) AND 4:17-4 PLEASE TAKE NOTICE that the undersigned attorneys do hereby demand, pursuant to the above -cited Rules of Court, that each party herein serving pleadings and interrogatories and receiving answers thereto, serve copies of all such pleadings and answered interrogatories, and all documents, papers and other material referred to therein, received from any party, upon the undersigned attorneys, and TAKE NOTICE that this is a CONTINUING demand. RESERVATION OF RIGHTS Defendant reserves the right, at or before trial, to move to dismiss the complaint and/or for summary judgment, on the ground that the complaint fails to state a claim upon which relief can be granted and/or the defendants are entitled to judgment as a matter of law, based on any or all of the above defenses. DEMAND FOR ANSWERS TO INTERROGATORIES Pursuant to Rule 4:17-1(b)2, demand is hereby made that Plaintiff answer the discovery demands listed below: HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 12 of 13 Trans ID: LCV20222334411 Form A Uniform Interrogatories to be answered by Plaintiff in all Personal Injury cases (except medical malpractice cases ) DEMAND FOR SIGNED AUTHORIZATIONS Pursuant to Rule 4:17-4(f), demands is hereby made that Plaintiff provide signed authorizations contemporaneous with service of Plaintiff's answers to interrogatories. DESIGNATION OF TRIAL COUNSEL Pursuant to the provisions of R. 4:25-4, the Court is advised that Shane Williams, Deputy Attorney General, is hereby designated as trial counsel. MATTHEW J. PLATKIN ACTING ATTORNEY GENERAL OF NEW JERSEY By: /s/ Shane Williams Shane Williams Deputy Attorney General 266092018 CERTIFICATION REGARDING OTHER PROCEEDINGS AND PARTIES I certify in accordance with Rule. 4:5-1 that to the best of my knowledge as of the date herein there are no other proceedings either pending or contemplated with respect to the matter in controversy in this action and no other parties who should be joined in the action. HUD-L-001603-22 06/22/2022 2:25:06 PM Pg 13 of 13 Trans ID: LCV20222334411 MATTHEW J. PLATKIN ACTING ATTORNEY GENERAL OF NEW JEP.SEY /s/ Shane Williams Shane Williams Deputy Attorney General 266092018 CERTIFICATION REGARDING SERVICE I certify that a copy of the within pleading was served on the attorney for Plaintiff within the time period allowed by Rule. 4 : 6 -1 or within the extended time period pursuant to Consent Order . MATTHEW J. PLATKIN ACTING ATTORNEY GENERAL OF NEW JERSEY /s/ Shane [nTilliams Shane Williams Deputy Attorney General 266092018 HUD-L-001603-22 06/22/2022 HUD-L-001603-22 06/22/20222:25:06 2:23:20PM PM Pg 1 of 1 Trans TransID: ID:LCV20222334411 LCV20222334411 Civil Case Information Statement Case Details: HUDSON | Civil Part Docket# L-001603-22 Case Caption: KITRICK MIRIAM VS GOMEZ ANGEL Case Type: PERSONAL INJURY Case Initiation Date: 05/13/2022 Document Type: Answer W/Jury Demand Attorney Name: SHANE A WILLIAMS Jury Demand: YES - 6 JURORS Firm Name: ATTORNEY GENERAL LAW Is this a professional malpractice case? NO Address: 25 MARKET ST PO BOX 112 Related cases pending: NO TRENTON NJ 08625 If yes, list docket numbers: Phone: 6099843900 Do you anticipate adding any parties (arising out of same Name of Party: DEFENDANT : STATE OF NEW JERSEY 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: MIRIAM KITRICK? 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) 06/22/2022 /s/ SHANE A WILLIAMS Dated Signed