Preview
MON-L-001524-22 12/19/2022 4:11:27 PM Pg 1 of 24 Trans ID: LCV20224276624
2170-53/jpl
Joshua P. Locke, Esquire (ID# 022372008)
TURNER, O’MARA, DONNELLY & PETRYCKI, P.C.
2201 Route 38, Suite 300
Cherry Hill, NJ 08002
Tele: 856-667-2600
Attorneys for Defendant, Helmet House, LLC
i/p/a Helmet House, Inc.
JAMES E. HAYNES, individually and SUPERIOR COURT OF NEW JERSEY
as Administrator Ad Prosequendum LAW DIVISION
and Administrator/Representative MONMOUTH COUNTY
on behalf of NEAL PATRICK Docket No. MON-L-1524-22
HAYNES
Plaintiff CIVIL ACTION
DEFENDANT HELMET HOUSE, LLC
v. I/P/A HELMET HOUSE, INC.’S
ANSWER TO PLAINTIFF’S
ZACHARY VENECK, MICHAEL R.
COMPLAINT, SEPARATE DEFENSES,
VENECK, MELLISSA VENECK,
SHOEI CORPORATION, HELMET CROSSCLAIMS, DESIGNATION OF
HOUSE, INC., SHOEI SAFETY TRIAL COUNSEL, CERTIFICATION
HELMET CORP., SHOEI HELMETS- AND JURY DEMAND
NORTH AMERICA, EXTREME
MACHINES, CYCLE GEAR,
MORORCYCLEID, JANE/JOHN
DOES 1-10, ABC CORPORATIONS
1-10 and ABC DEALERS,
DISTRIBUTORS MARKETERS 1-10.
Defendants
Defendant, Helmet House, LLC i/p/a Helmet House, Inc. (“Helmet House”),
by way of Answer to the Complaint filed herein, states:
FIRST COUNT
1. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
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2. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
3. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
4. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
5. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
6. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
7. To the extent this paragraph contains language that purports to
characterize New Jersey law, no answer is required. To the extent this paragraph
contains factual allegations as to this answering defendant, those allegations are
denied.
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WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
SECOND COUNT
1. The answers to the allegations of the First Count are hereby repeated
and made a part hereof.
2. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
3. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
4. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
THIRD COUNT
1. The answers to the allegations of the First Count and the Second
Count are hereby repeated and made a part hereof.
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2. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
3. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
FOURTH COUNT
1. The answers to the allegations of the First Count to the Third Count
are hereby repeated and made a part hereof.
2. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
3. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
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WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
FIFTH COUNT
1. The answers to the allegations of the First Count to the Fourth Count
are hereby repeated and made a part hereof.
2. The answering defendant is without information to form a belief as
to the truth of the allegations that James E. Haynes and Susan Haynes were
decedent’s parents. The remaining allegations contained in this paragraph of
the Complaint contain conclusions of law to which no responses are required.
To the extent that a response is deemed necessary, they are denied.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
SIXTH COUNT
1. The answers to the allegations of the First Count to the Fifth Count
are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
4. To the extent this paragraph contains language that purports to
characterize New Jersey law, no answer is required. To the extent this paragraph
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contains factual allegations as to the answering defendant, those allegations are
denied.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
SEVENTH COUNT
1. The answers to the allegations of the First Count to the Sixth Count
are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
5. Denied as to the answering defendant.
6. Denied as to the answering defendant.
7. Denied as to the answering defendant.
8. Denied as to the answering defendant.
9. Denied as to the answering defendant.
10. Denied as to the answering defendant.
11. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
12. Denied as to the answering defendant.
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WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
EIGHTH COUNT
1. The answers to the allegations of the First Count to the Seventh
Count are hereby repeated and made a part hereof.
2. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
3. Denied as to the answering defendant.
4. To the extent this paragraph contains language that purports to
characterize New Jersey law, no answer is required. To the extent this paragraph
contains factual allegations as to the answering defendant, those allegations are
denied.
5. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
NINTH COUNT
1. The answers to the allegations of the First Count to the Eighth Count
are hereby repeated and made a part hereof.
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2. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
3. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
4. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
5. To the extent this paragraph contains language that purports to
characterize New Jersey law, no answer is required. To the extent this paragraph
contains factual allegations as to the answering defendant, those allegations are
denied.
6. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
TENTH COUNT
1. The answers to the allegations of the First Count to the Ninth Count
are hereby repeated and made a part hereof.
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2. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
3. Denied as to the answering defendant.
4. To the extent this paragraph contains language that purports to
characterize New Jersey law, no answer is required. To the extent this paragraph
contains factual allegations as to the answering defendant, those allegations are
denied.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
ELEVENTH COUNT
1. The answers to the allegations of the First Count to the Tenth Count
are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
5. Denied as to the answering defendant.
6. Denied as to the answering defendant.
7. Denied as to the answering defendant.
8. Denied as to the answering defendant.
9. Denied as to the answering defendant.
10. Denied as to the answering defendant.
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WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
TWELFTH COUNT
1. The answers to the allegations of the First Count to the Eleventh
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
THIRTEENTH COUNT
1. The answers to the allegations of the First Count to the Twelfth Count
are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
4. Denied as to the answering defendant.
5. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
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be determined that the allegations are directed at the answering defendant, they
are denied.
6. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
be determined that the allegations are directed at the answering defendant, they
are denied.
7. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
FOURTEENTH COUNT
1. The answers to the allegations of the First Count to the Thirteenth
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
FIFTEENTH COUNT
1. The answers to the allegations of the First Count to the Fourteenth
Count are hereby repeated and made a part hereof.
2. The allegations contained in this paragraph of the Complaint are not
directed to answering defendant. Therefore, no answer is required. If it should
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be determined that the allegations are directed at the answering defendant, they
are denied.
3. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
SIXTEENTH COUNT
1. The answers to the allegations of the First Count to the Fifteenth
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
SEVENTEENTH COUNT
1. The answers to the allegations of the First Count to the Sixteenth
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
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WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
EIGHTTEENTH COUNT
1. The answers to the allegations of the First Count to the Seventeenth
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
NINETEENTH COUNT
1. The answers to the allegations of the First Count to the Eighteenth
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
TWENTITH COUNT
1. The answers to the allegations of the First Count to the Nineteenth
Count are hereby repeated and made a part hereof.
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2. To the extent this paragraph contains language that purports to
characterize New Jersey law, no answer is required. To the extent this paragraph
contains factual allegations as to the answering defendant, those allegations are
denied.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
TWENTY-FIRST COUNT
1. The answers to the allegations of the First Count to the Twentieth
Count are hereby repeated and made a part hereof.
2. Denied as to the answering defendant.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
5. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
6. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
TWENTY-SECOND COUNT
1. The answers to the allegations of the First Count to the Twenty-First
Count are hereby repeated and made a part hereof.
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2. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
3. Denied as to the answering defendant.
4. Denied as to the answering defendant.
5. Denied as to the answering defendant.
6. Admitted only that answering defendant sells motorcycle helmets to
the public.
7. The answering defendant is without knowledge and information
sufficient to form a belief as to the truth of the allegations of this paragraph of
the Complaint and leaves plaintiff to his proofs.
8. Denied as to the answering defendant.
9. Denied as to the answering defendant.
10. Denied as to the answering defendant.
11. Denied as to the answering defendant.
12. Denied as to the answering defendant.
13. Denied as to the answering defendant.
WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet
House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and
demands that judgment be entered against plaintiff and in favor of defendant.
SEPARATE DEFENSES
1. Answering defendant did not breach any duty owed to the plaintiff or
plaintiff’s decedent.
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2. Answering defendant was not guilty of negligence, carelessness or
recklessness as charged in the Complaint or otherwise..
3. Answering defendant performed each and every duty which it owed
to the plaintiff and/or plaintiff’s decedent, to the extent any duties were owed to
plaintiff and/or plaintiff’s decedent, under the circumstances alleged in the
Complaint or under any other circumstances.
4. The within matter is governed by the New Jersey Comparative
Negligence Act, N.J.S.A. 2A:15-5.1 et seq.
5. The accident, losses and injuries that plaintiff alleges he and his
decedent sustained, as set forth in the Complaint, were caused by the sole
negligence of the plaintiff and/or plaintiff’s decedent.
6. The accident, losses and injuries that plaintiff alleges he and his
decedent sustained, as set forth in the Complaint, were caused by the contributory
negligence of the plaintiff and/or plaintiff’s decedent.
7. The accident, losses and injuries that plaintiff alleges he and his
decedent sustained, as set forth in the Complaint, if any, were caused by the sole
negligence of third persons over whom this defendant had and has no control nor
right of control.
8. The accident, losses, and injuries that plaintiff alleges he and his
decedent sustained, as set forth in the Complaint, were caused by the sole
negligence of the co-defendants.
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9. The accident, losses, and injuries that plaintiff alleges he and his
decedent sustained, as set forth in the Complaint, were caused by the contributory
negligence of the co-defendants.
10. Answering defendant’s liability, if any, for damages is reduced by
monies paid to plaintiff by collateral sources.
11. The service of the Summons and Complaint was improper.
12. Answering defendant contends that plaintiff and plaintiff decedent’s
injuries and losses, if any, same being specifically denied, were caused by an
effective, independent and intervening cause.
13. The claims against answering defendant are barred or at the very
least, the damages to which plaintiff is entitled, if any, same being specifically
denied, are reduced by virtue of the Doctrine of Avoidable Consequences.
14. Answering defendant fulfilled all its duties and obligations whether
arising from common law, statute, contract, tort or otherwise.
15. Plaintiff’s Complaint fails to set forth facts which are sufficient to
support a claim of negligence as to answering defendant.
16. Upon information and belief, the injuries about which plaintiff
complains, the same being specifically denied, were not proximately caused by
any authorized actions by answering defendant and/or its employees, agents,
servants, or representatives.
17. Answering defendant did not have actual or constructive notice of the
condition plaintiff alleged caused the incident.
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18. This Court does not have jurisdiction over the subject matter of this
suit and answering defendant accordingly reserves the right to move to quash the
service of the Summons and Complaint upon it and further reserves the right to
move to dismiss the action for lack of jurisdiction of the Court over the subject
matter of this suit.
19. This Court does not have jurisdiction over the person of answering
defendant and answering defendant accordingly reserves the right to move to
quash the service of the Summons and Complaint upon it and further reserves
the right to move to dismiss the action for lack of jurisdiction of the Court over
this defendant.
20. Plaintiff’s claims are barred by the Statue of Repose.
21. Plaintiff’s claims are barred by the Statue of Limitations.
22. Answering defendant did not violate any duty owed to plaintiff and/or
plaintiff’s decedent under common law, statute, regulations, standards or
contractual undertaking.
23. The product in question was not defective at the time that it left the
possession of this answering defendant nor at the time of the accident set forth
in plaintiff's Complaint.
24. Answering defendant denies that there was any breach of warranty
either expressed or implied.
25. Answering defendant did not design, manufacture or sell any
product involved in plaintiff’s alleged accident. Consequently, plaintiff’s claims
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against answering defendant under the New Jersey Product Liability Act,
N.J.S.A. 2A:58C-1 et. seq. should be dismissed with prejudice.
26. Plaintiff's claims are barred by the Doctrine of Waiver.
27. The plaintiff’s Complaint is barred by the Doctrine of Laches.
28. Answering defendant cannot be proven liable for the losses and
injuries alleged to have been sustained by the plaintiff in the Complaint because
the product allegedly supplied and/or installed by answering defendant has been
spoliated by the plaintiff and/or the co-defendants in this matter.
29. Answering defendant reserves the right to amend this Answer to
assert additional defenses and to make further admissions upon completion of
further investigation and discovery.
CROSSCLAIM FOR CONTRIBUTION
Defendant, Helmet House, LLC i/p/a Helmet House, Inc., crossclaims for
contribution from co-defendants, Zachary Veneck, Michael R. Veneck, Mellissa
Veneck, Shoei Corporation, Shoei Safety Helmet Corp., Shoei Helmets-North
America, Extreme Machines, Cycle Gear, Motorcycleid, Jane/John Does 1-10,
ABC Corporations 1-10 and ABC Dealers, Distributors Marketers 1-10, pursuant
to the terms of the Joint Tortfeasor Act, N.J.S.A. 2A:53a, and the Comparative
Negligence Act of New Jersey, N.J.S.A. 2A:15-5.1.
CROSSCLAIM FOR COMMON LAW INDEMNIFICATION
Defendant, Helmet House, LLC i/p/a Helmet House, Inc., hereby
crossclaims for common law indemnification against co-defendants, Zachary
Veneck, Michael R. Veneck, Mellissa Veneck, Shoei Corporation, Shoei Safety
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Helmet Corp., Shoei Helmets-North America, Extreme Machines, Cycle Gear,
Motorcycleid, Jane/John Does 1-10, ABC Corporations 1-10 and ABC Dealers,
Distributors Marketers 1-10, for any judgment in favor of the plaintiff and
against the cross-claimant and for costs and interest upon the grounds that the
cross-claimant's liability to plaintiff, if any, is technical, vicarious, and arises out
of the sole moral culpability of the co-defendants.
CROSSCLAIM FOR CONTRACTUAL INDEMNIFICATION
(SHOEI CORPORATION, SHOEI SAFETY HELMET CORP. and SHOEI
HELMETS-NORTH AMERICA)
Defendant, Helmet House, LLC i/p/a Helmet House, Inc., by way of
crossclaim against co-defendants, Shoei Corporation, Shoei Safety Helmet Corp.,
Shoei Helmets-North America, says that:
1. On or about September 9, 2019, Helmet House, LLC entered into a
Non-Exclusive Distributorship Agreement with Shoei Co., LTD. (collectively “the
Agreement”).
2. Pursuant to the Agreement, Shoei Co., LTD. is obligated to defend
and indemnify Helmet House, LLC against claims such as the ones asserted by
the plaintiff.
3. Co-defendants, Shoei Corporation, Shoei Safety Helmet Corp., Shoei
Helmets-North America, have failed to defend, indemnify, and hold harmless
Helmet House, LLC pursuant to the terms of the Agreement.
4. In the event any judgment being recovered in this cause by plaintiff
against Helmet House, LLC and pursuant to the terms of the Agreement, Helmet
House, LLC is entitled to indemnification for any and all sums that plaintiff shall
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recover together, with or without a judgment against Helmet House, LLC, and a
judgment for all attorney’s fees, costs and the like which Helmet House, LLC
incurs in defending this matter, from co-defendants, Shoei Corporation, Shoei
Safety Helmet Corp., Shoei Helmets-North America.
WHEREFORE, defendant, Helmet House, LLC i/p/a Helmet House, Inc.,
demands judgment against the co-defendants, Shoei Corporation, Shoei Safety
Helmet Corp., Shoei Helmets-North America, for indemnification and such sums
of money that may or are found due to Helmet House, LLC i/p/a Helmet House,
Inc. in this matter including but not limited to costs and attorney’s fees incurred
in the defense of the claim as well as monies paid in settlement, together with
interest, cost, and counsel fees.
ANSWER TO ALL CROSSCLAIMS
Defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies that they
are responsible for indemnification or contribution to the co-defendants on any
crossclaim that is presently asserted against them or may be asserted against
them.
REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5
Pursuant to Rule 4:7-5, notice is hereby given to the plaintiff that
answering defendant will assert its right at trial to request an allocation from the
members of the jury with respect to all present parties, settling parties and any
other individuals or entities not joined to the litigation because of plaintiff’s
failure to comply with the entire controversy doctrine.
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CERTIFICATION PURSUANT TO RULE 4:5-1
1. The matter in controversy is not the subject matter of any other
action pending in any Court or of a pending arbitration proceeding.
2. Another action or arbitration proceeding is not contemplated.
3. The names and addresses of any other party who should be joined
in the action are: None.
NOTICE OF DESIGNATION OF TRIAL COUNSEL
PLEASE BE NOTIFIED that pursuant to R. 4:25-4, Joshua P. Locke,
Esquire, is hereby designated as trial counsel in the above-captioned litigation
on behalf of the firm Turner, O’Mara, Donnelly & Petrycki, P.C.
DEMAND is hereby made for a trial by jury as to all issues.
TURNER, O’MARA, DONNELLY & PETRYCKI, P.C.
Attorneys for Defendant,
Helmet House, LLC i/p/a Helmet House, Inc.
s/Joshua P. Locke
By: _________________________________
JOSHUA P. LOCKE
Dated: December 19, 2022
MON-L-001524-22 12/19/2022 4:11:27 PM Pg 23 of 24 Trans ID: LCV20224276624
2170-53/jpl
Joshua P. Locke, Esquire (ID# 022372008)
TURNER, O’MARA, DONNELLY & PETRYCKI, P.C.
2201 Route 38, Suite 300
Cherry Hill, NJ 08002
Tele: 856-667-2600
Attorneys for Defendant, Helmet House, LLC
i/p/a Helmet House, Inc.
JAMES E. HAYNES, individually and SUPERIOR COURT OF NEW JERSEY
as Administrator Ad Prosequendum LAW DIVISION
and Administrator/Representative MONMOUTH COUNTY
on behalf of NEAL PATRICK Docket No. MON-L-1524-22
HAYNES
Plaintiff CIVIL ACTION
PROOF OF MAILING
v.
ZACHARY VENECK, MICHAEL R.
VENECK, MELLISSA VENECK,
SHOEI CORPORATION, HELMET
HOUSE, INC., SHOEI SAFETY
HELMET CORP., SHOEI HELMETS-
NORTH AMERICA, EXTREME
MACHINES, CYCLE GEAR,
MORORCYCLEID, JANE/JOHN
DOES 1-10, ABC CORPORATIONS
1-10 and ABC DEALERS,
DISTRIBUTORS MARKETERS 1-10.
Defendants
I, JOSHUA P. LOCKE, of full age, do hereby certify as follows:
1. I am a member of the law firm of Turner, O’Mara, Donnelly &
Petrycki, P.C. and I am familiar with the facts relevant hereto.
MON-L-001524-22 12/19/2022 4:11:27 PM Pg 24 of 24 Trans ID: LCV20224276624
2. A copy of the within Answer has been filed with the Clerk of the
Court, Monmouth County, New Jersey via electronic filing on the date indicated
below.
3. A copy of the within Answer was served upon all counsel via
electronic filing.
4. There are no pro-se parties which need to be served by mail
pursuant to Rule 1:5-3.
I certify that the foregoing statements made by me are true. I am fully
aware that if any of the foregoing statements made by me are willfully false, I am
subject to punishment.
s/Joshua P. Locke
_________________________________
JOSHUA P. LOCKE
Dated: December 19, 2022
MON-L-001524-22 12/19/2022
MON-L-001524-22 12/19/20224:11:27
4:11:05PM
PM Pg 1 of 1 Trans
TransID:
ID:LCV20224276624
LCV20224276624
Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-001524-22
Case Caption: HAYNES JAMES VS VENECK ZACHARY Case Type: PRODUCT LIABILITY
Case Initiation Date: 06/03/2022 Document Type: Answer W/CrossClaim W/Jury Demand
Attorney Name: JOSHUA PATRICK LOCKE Jury Demand: YES - 6 JURORS
Firm Name: TURNER OMARA ET AL Is this a professional malpractice case? NO
Address: 2201 RT 38 STE 300 Related cases pending: NO
CHERRY HILL NJ 08002 If yes, list docket numbers:
Phone: 8566672600 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : HELMET HOUSE, INC. 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: JAMES E HAYNES? 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)
12/19/2022 /s/ JOSHUA PATRICK LOCKE
Dated Signed
Preview
MON-L-001524-22 12/19/2022 4:11:27 PM Pg 1 of 24 Trans ID: LCV20224276624 2170-53/jpl Joshua P. Locke, Esquire (ID# 022372008) TURNER, O’MARA, DONNELLY & PETRYCKI, P.C. 2201 Route 38, Suite 300 Cherry Hill, NJ 08002 Tele: 856-667-2600 Attorneys for Defendant, Helmet House, LLC i/p/a Helmet House, Inc. JAMES E. HAYNES, individually and SUPERIOR COURT OF NEW JERSEY as Administrator Ad Prosequendum LAW DIVISION and Administrator/Representative MONMOUTH COUNTY on behalf of NEAL PATRICK Docket No. MON-L-1524-22 HAYNES Plaintiff CIVIL ACTION DEFENDANT HELMET HOUSE, LLC v. I/P/A HELMET HOUSE, INC.’S ANSWER TO PLAINTIFF’S ZACHARY VENECK, MICHAEL R. COMPLAINT, SEPARATE DEFENSES, VENECK, MELLISSA VENECK, SHOEI CORPORATION, HELMET CROSSCLAIMS, DESIGNATION OF HOUSE, INC., SHOEI SAFETY TRIAL COUNSEL, CERTIFICATION HELMET CORP., SHOEI HELMETS- AND JURY DEMAND NORTH AMERICA, EXTREME MACHINES, CYCLE GEAR, MORORCYCLEID, JANE/JOHN DOES 1-10, ABC CORPORATIONS 1-10 and ABC DEALERS, DISTRIBUTORS MARKETERS 1-10. Defendants Defendant, Helmet House, LLC i/p/a Helmet House, Inc. (“Helmet House”), by way of Answer to the Complaint filed herein, states: FIRST COUNT 1. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 2 of 24 Trans ID: LCV20224276624 2. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 3. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 4. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 5. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 6. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 7. To the extent this paragraph contains language that purports to characterize New Jersey law, no answer is required. To the extent this paragraph contains factual allegations as to this answering defendant, those allegations are denied. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 3 of 24 Trans ID: LCV20224276624 WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. SECOND COUNT 1. The answers to the allegations of the First Count are hereby repeated and made a part hereof. 2. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 3. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 4. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. THIRD COUNT 1. The answers to the allegations of the First Count and the Second Count are hereby repeated and made a part hereof. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 4 of 24 Trans ID: LCV20224276624 2. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 3. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. FOURTH COUNT 1. The answers to the allegations of the First Count to the Third Count are hereby repeated and made a part hereof. 2. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 3. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 5 of 24 Trans ID: LCV20224276624 WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. FIFTH COUNT 1. The answers to the allegations of the First Count to the Fourth Count are hereby repeated and made a part hereof. 2. The answering defendant is without information to form a belief as to the truth of the allegations that James E. Haynes and Susan Haynes were decedent’s parents. The remaining allegations contained in this paragraph of the Complaint contain conclusions of law to which no responses are required. To the extent that a response is deemed necessary, they are denied. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. SIXTH COUNT 1. The answers to the allegations of the First Count to the Fifth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 4. To the extent this paragraph contains language that purports to characterize New Jersey law, no answer is required. To the extent this paragraph MON-L-001524-22 12/19/2022 4:11:27 PM Pg 6 of 24 Trans ID: LCV20224276624 contains factual allegations as to the answering defendant, those allegations are denied. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. SEVENTH COUNT 1. The answers to the allegations of the First Count to the Sixth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. 5. Denied as to the answering defendant. 6. Denied as to the answering defendant. 7. Denied as to the answering defendant. 8. Denied as to the answering defendant. 9. Denied as to the answering defendant. 10. Denied as to the answering defendant. 11. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 12. Denied as to the answering defendant. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 7 of 24 Trans ID: LCV20224276624 WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. EIGHTH COUNT 1. The answers to the allegations of the First Count to the Seventh Count are hereby repeated and made a part hereof. 2. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 3. Denied as to the answering defendant. 4. To the extent this paragraph contains language that purports to characterize New Jersey law, no answer is required. To the extent this paragraph contains factual allegations as to the answering defendant, those allegations are denied. 5. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. NINTH COUNT 1. The answers to the allegations of the First Count to the Eighth Count are hereby repeated and made a part hereof. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 8 of 24 Trans ID: LCV20224276624 2. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 3. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 4. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 5. To the extent this paragraph contains language that purports to characterize New Jersey law, no answer is required. To the extent this paragraph contains factual allegations as to the answering defendant, those allegations are denied. 6. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. TENTH COUNT 1. The answers to the allegations of the First Count to the Ninth Count are hereby repeated and made a part hereof. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 9 of 24 Trans ID: LCV20224276624 2. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 3. Denied as to the answering defendant. 4. To the extent this paragraph contains language that purports to characterize New Jersey law, no answer is required. To the extent this paragraph contains factual allegations as to the answering defendant, those allegations are denied. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. ELEVENTH COUNT 1. The answers to the allegations of the First Count to the Tenth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. 5. Denied as to the answering defendant. 6. Denied as to the answering defendant. 7. Denied as to the answering defendant. 8. Denied as to the answering defendant. 9. Denied as to the answering defendant. 10. Denied as to the answering defendant. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 10 of 24 Trans ID: LCV20224276624 WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. TWELFTH COUNT 1. The answers to the allegations of the First Count to the Eleventh Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. THIRTEENTH COUNT 1. The answers to the allegations of the First Count to the Twelfth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 4. Denied as to the answering defendant. 5. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should MON-L-001524-22 12/19/2022 4:11:27 PM Pg 11 of 24 Trans ID: LCV20224276624 be determined that the allegations are directed at the answering defendant, they are denied. 6. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should be determined that the allegations are directed at the answering defendant, they are denied. 7. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. FOURTEENTH COUNT 1. The answers to the allegations of the First Count to the Thirteenth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. FIFTEENTH COUNT 1. The answers to the allegations of the First Count to the Fourteenth Count are hereby repeated and made a part hereof. 2. The allegations contained in this paragraph of the Complaint are not directed to answering defendant. Therefore, no answer is required. If it should MON-L-001524-22 12/19/2022 4:11:27 PM Pg 12 of 24 Trans ID: LCV20224276624 be determined that the allegations are directed at the answering defendant, they are denied. 3. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. SIXTEENTH COUNT 1. The answers to the allegations of the First Count to the Fifteenth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. SEVENTEENTH COUNT 1. The answers to the allegations of the First Count to the Sixteenth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 13 of 24 Trans ID: LCV20224276624 WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. EIGHTTEENTH COUNT 1. The answers to the allegations of the First Count to the Seventeenth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. NINETEENTH COUNT 1. The answers to the allegations of the First Count to the Eighteenth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. TWENTITH COUNT 1. The answers to the allegations of the First Count to the Nineteenth Count are hereby repeated and made a part hereof. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 14 of 24 Trans ID: LCV20224276624 2. To the extent this paragraph contains language that purports to characterize New Jersey law, no answer is required. To the extent this paragraph contains factual allegations as to the answering defendant, those allegations are denied. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. TWENTY-FIRST COUNT 1. The answers to the allegations of the First Count to the Twentieth Count are hereby repeated and made a part hereof. 2. Denied as to the answering defendant. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. 5. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 6. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. TWENTY-SECOND COUNT 1. The answers to the allegations of the First Count to the Twenty-First Count are hereby repeated and made a part hereof. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 15 of 24 Trans ID: LCV20224276624 2. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 3. Denied as to the answering defendant. 4. Denied as to the answering defendant. 5. Denied as to the answering defendant. 6. Admitted only that answering defendant sells motorcycle helmets to the public. 7. The answering defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of this paragraph of the Complaint and leaves plaintiff to his proofs. 8. Denied as to the answering defendant. 9. Denied as to the answering defendant. 10. Denied as to the answering defendant. 11. Denied as to the answering defendant. 12. Denied as to the answering defendant. 13. Denied as to the answering defendant. WHEREFORE, answering defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies liability to the plaintiff in any manner or sum whatsoever and demands that judgment be entered against plaintiff and in favor of defendant. SEPARATE DEFENSES 1. Answering defendant did not breach any duty owed to the plaintiff or plaintiff’s decedent. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 16 of 24 Trans ID: LCV20224276624 2. Answering defendant was not guilty of negligence, carelessness or recklessness as charged in the Complaint or otherwise.. 3. Answering defendant performed each and every duty which it owed to the plaintiff and/or plaintiff’s decedent, to the extent any duties were owed to plaintiff and/or plaintiff’s decedent, under the circumstances alleged in the Complaint or under any other circumstances. 4. The within matter is governed by the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq. 5. The accident, losses and injuries that plaintiff alleges he and his decedent sustained, as set forth in the Complaint, were caused by the sole negligence of the plaintiff and/or plaintiff’s decedent. 6. The accident, losses and injuries that plaintiff alleges he and his decedent sustained, as set forth in the Complaint, were caused by the contributory negligence of the plaintiff and/or plaintiff’s decedent. 7. The accident, losses and injuries that plaintiff alleges he and his decedent sustained, as set forth in the Complaint, if any, were caused by the sole negligence of third persons over whom this defendant had and has no control nor right of control. 8. The accident, losses, and injuries that plaintiff alleges he and his decedent sustained, as set forth in the Complaint, were caused by the sole negligence of the co-defendants. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 17 of 24 Trans ID: LCV20224276624 9. The accident, losses, and injuries that plaintiff alleges he and his decedent sustained, as set forth in the Complaint, were caused by the contributory negligence of the co-defendants. 10. Answering defendant’s liability, if any, for damages is reduced by monies paid to plaintiff by collateral sources. 11. The service of the Summons and Complaint was improper. 12. Answering defendant contends that plaintiff and plaintiff decedent’s injuries and losses, if any, same being specifically denied, were caused by an effective, independent and intervening cause. 13. The claims against answering defendant are barred or at the very least, the damages to which plaintiff is entitled, if any, same being specifically denied, are reduced by virtue of the Doctrine of Avoidable Consequences. 14. Answering defendant fulfilled all its duties and obligations whether arising from common law, statute, contract, tort or otherwise. 15. Plaintiff’s Complaint fails to set forth facts which are sufficient to support a claim of negligence as to answering defendant. 16. Upon information and belief, the injuries about which plaintiff complains, the same being specifically denied, were not proximately caused by any authorized actions by answering defendant and/or its employees, agents, servants, or representatives. 17. Answering defendant did not have actual or constructive notice of the condition plaintiff alleged caused the incident. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 18 of 24 Trans ID: LCV20224276624 18. This Court does not have jurisdiction over the subject matter of this suit and answering defendant accordingly reserves the right to move to quash the service of the Summons and Complaint upon it and further reserves the right to move to dismiss the action for lack of jurisdiction of the Court over the subject matter of this suit. 19. This Court does not have jurisdiction over the person of answering defendant and answering defendant accordingly reserves the right to move to quash the service of the Summons and Complaint upon it and further reserves the right to move to dismiss the action for lack of jurisdiction of the Court over this defendant. 20. Plaintiff’s claims are barred by the Statue of Repose. 21. Plaintiff’s claims are barred by the Statue of Limitations. 22. Answering defendant did not violate any duty owed to plaintiff and/or plaintiff’s decedent under common law, statute, regulations, standards or contractual undertaking. 23. The product in question was not defective at the time that it left the possession of this answering defendant nor at the time of the accident set forth in plaintiff's Complaint. 24. Answering defendant denies that there was any breach of warranty either expressed or implied. 25. Answering defendant did not design, manufacture or sell any product involved in plaintiff’s alleged accident. Consequently, plaintiff’s claims MON-L-001524-22 12/19/2022 4:11:27 PM Pg 19 of 24 Trans ID: LCV20224276624 against answering defendant under the New Jersey Product Liability Act, N.J.S.A. 2A:58C-1 et. seq. should be dismissed with prejudice. 26. Plaintiff's claims are barred by the Doctrine of Waiver. 27. The plaintiff’s Complaint is barred by the Doctrine of Laches. 28. Answering defendant cannot be proven liable for the losses and injuries alleged to have been sustained by the plaintiff in the Complaint because the product allegedly supplied and/or installed by answering defendant has been spoliated by the plaintiff and/or the co-defendants in this matter. 29. Answering defendant reserves the right to amend this Answer to assert additional defenses and to make further admissions upon completion of further investigation and discovery. CROSSCLAIM FOR CONTRIBUTION Defendant, Helmet House, LLC i/p/a Helmet House, Inc., crossclaims for contribution from co-defendants, Zachary Veneck, Michael R. Veneck, Mellissa Veneck, Shoei Corporation, Shoei Safety Helmet Corp., Shoei Helmets-North America, Extreme Machines, Cycle Gear, Motorcycleid, Jane/John Does 1-10, ABC Corporations 1-10 and ABC Dealers, Distributors Marketers 1-10, pursuant to the terms of the Joint Tortfeasor Act, N.J.S.A. 2A:53a, and the Comparative Negligence Act of New Jersey, N.J.S.A. 2A:15-5.1. CROSSCLAIM FOR COMMON LAW INDEMNIFICATION Defendant, Helmet House, LLC i/p/a Helmet House, Inc., hereby crossclaims for common law indemnification against co-defendants, Zachary Veneck, Michael R. Veneck, Mellissa Veneck, Shoei Corporation, Shoei Safety MON-L-001524-22 12/19/2022 4:11:27 PM Pg 20 of 24 Trans ID: LCV20224276624 Helmet Corp., Shoei Helmets-North America, Extreme Machines, Cycle Gear, Motorcycleid, Jane/John Does 1-10, ABC Corporations 1-10 and ABC Dealers, Distributors Marketers 1-10, for any judgment in favor of the plaintiff and against the cross-claimant and for costs and interest upon the grounds that the cross-claimant's liability to plaintiff, if any, is technical, vicarious, and arises out of the sole moral culpability of the co-defendants. CROSSCLAIM FOR CONTRACTUAL INDEMNIFICATION (SHOEI CORPORATION, SHOEI SAFETY HELMET CORP. and SHOEI HELMETS-NORTH AMERICA) Defendant, Helmet House, LLC i/p/a Helmet House, Inc., by way of crossclaim against co-defendants, Shoei Corporation, Shoei Safety Helmet Corp., Shoei Helmets-North America, says that: 1. On or about September 9, 2019, Helmet House, LLC entered into a Non-Exclusive Distributorship Agreement with Shoei Co., LTD. (collectively “the Agreement”). 2. Pursuant to the Agreement, Shoei Co., LTD. is obligated to defend and indemnify Helmet House, LLC against claims such as the ones asserted by the plaintiff. 3. Co-defendants, Shoei Corporation, Shoei Safety Helmet Corp., Shoei Helmets-North America, have failed to defend, indemnify, and hold harmless Helmet House, LLC pursuant to the terms of the Agreement. 4. In the event any judgment being recovered in this cause by plaintiff against Helmet House, LLC and pursuant to the terms of the Agreement, Helmet House, LLC is entitled to indemnification for any and all sums that plaintiff shall MON-L-001524-22 12/19/2022 4:11:27 PM Pg 21 of 24 Trans ID: LCV20224276624 recover together, with or without a judgment against Helmet House, LLC, and a judgment for all attorney’s fees, costs and the like which Helmet House, LLC incurs in defending this matter, from co-defendants, Shoei Corporation, Shoei Safety Helmet Corp., Shoei Helmets-North America. WHEREFORE, defendant, Helmet House, LLC i/p/a Helmet House, Inc., demands judgment against the co-defendants, Shoei Corporation, Shoei Safety Helmet Corp., Shoei Helmets-North America, for indemnification and such sums of money that may or are found due to Helmet House, LLC i/p/a Helmet House, Inc. in this matter including but not limited to costs and attorney’s fees incurred in the defense of the claim as well as monies paid in settlement, together with interest, cost, and counsel fees. ANSWER TO ALL CROSSCLAIMS Defendant, Helmet House, LLC i/p/a Helmet House, Inc., denies that they are responsible for indemnification or contribution to the co-defendants on any crossclaim that is presently asserted against them or may be asserted against them. REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5 Pursuant to Rule 4:7-5, notice is hereby given to the plaintiff that answering defendant will assert its right at trial to request an allocation from the members of the jury with respect to all present parties, settling parties and any other individuals or entities not joined to the litigation because of plaintiff’s failure to comply with the entire controversy doctrine. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 22 of 24 Trans ID: LCV20224276624 CERTIFICATION PURSUANT TO RULE 4:5-1 1. The matter in controversy is not the subject matter of any other action pending in any Court or of a pending arbitration proceeding. 2. Another action or arbitration proceeding is not contemplated. 3. The names and addresses of any other party who should be joined in the action are: None. NOTICE OF DESIGNATION OF TRIAL COUNSEL PLEASE BE NOTIFIED that pursuant to R. 4:25-4, Joshua P. Locke, Esquire, is hereby designated as trial counsel in the above-captioned litigation on behalf of the firm Turner, O’Mara, Donnelly & Petrycki, P.C. DEMAND is hereby made for a trial by jury as to all issues. TURNER, O’MARA, DONNELLY & PETRYCKI, P.C. Attorneys for Defendant, Helmet House, LLC i/p/a Helmet House, Inc. s/Joshua P. Locke By: _________________________________ JOSHUA P. LOCKE Dated: December 19, 2022 MON-L-001524-22 12/19/2022 4:11:27 PM Pg 23 of 24 Trans ID: LCV20224276624 2170-53/jpl Joshua P. Locke, Esquire (ID# 022372008) TURNER, O’MARA, DONNELLY & PETRYCKI, P.C. 2201 Route 38, Suite 300 Cherry Hill, NJ 08002 Tele: 856-667-2600 Attorneys for Defendant, Helmet House, LLC i/p/a Helmet House, Inc. JAMES E. HAYNES, individually and SUPERIOR COURT OF NEW JERSEY as Administrator Ad Prosequendum LAW DIVISION and Administrator/Representative MONMOUTH COUNTY on behalf of NEAL PATRICK Docket No. MON-L-1524-22 HAYNES Plaintiff CIVIL ACTION PROOF OF MAILING v. ZACHARY VENECK, MICHAEL R. VENECK, MELLISSA VENECK, SHOEI CORPORATION, HELMET HOUSE, INC., SHOEI SAFETY HELMET CORP., SHOEI HELMETS- NORTH AMERICA, EXTREME MACHINES, CYCLE GEAR, MORORCYCLEID, JANE/JOHN DOES 1-10, ABC CORPORATIONS 1-10 and ABC DEALERS, DISTRIBUTORS MARKETERS 1-10. Defendants I, JOSHUA P. LOCKE, of full age, do hereby certify as follows: 1. I am a member of the law firm of Turner, O’Mara, Donnelly & Petrycki, P.C. and I am familiar with the facts relevant hereto. MON-L-001524-22 12/19/2022 4:11:27 PM Pg 24 of 24 Trans ID: LCV20224276624 2. A copy of the within Answer has been filed with the Clerk of the Court, Monmouth County, New Jersey via electronic filing on the date indicated below. 3. A copy of the within Answer was served upon all counsel via electronic filing. 4. There are no pro-se parties which need to be served by mail pursuant to Rule 1:5-3. I certify that the foregoing statements made by me are true. I am fully aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. s/Joshua P. Locke _________________________________ JOSHUA P. LOCKE Dated: December 19, 2022 MON-L-001524-22 12/19/2022 MON-L-001524-22 12/19/20224:11:27 4:11:05PM PM Pg 1 of 1 Trans TransID: ID:LCV20224276624 LCV20224276624 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-001524-22 Case Caption: HAYNES JAMES VS VENECK ZACHARY Case Type: PRODUCT LIABILITY Case Initiation Date: 06/03/2022 Document Type: Answer W/CrossClaim W/Jury Demand Attorney Name: JOSHUA PATRICK LOCKE Jury Demand: YES - 6 JURORS Firm Name: TURNER OMARA ET AL Is this a professional malpractice case? NO Address: 2201 RT 38 STE 300 Related cases pending: NO CHERRY HILL NJ 08002 If yes, list docket numbers: Phone: 8566672600 Do you anticipate adding any parties (arising out of same Name of Party: DEFENDANT : HELMET HOUSE, INC. 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: JAMES E HAYNES? 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) 12/19/2022 /s/ JOSHUA PATRICK LOCKE Dated Signed