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RONAN, TUZZIO & GIANNONE
By: MaryAnn Nobile Wilderotter, Esq.
Attorney ID No.: 029401989
4000 ROUTE 66
One Hovchild Plaza
Tinton Falls, NJ 07753
(732) 922-3300
Attorneys for Defendants, Morris Hall/St. Lawrence, Inc. d/b/a St. Lawrence Rehab
Center and St. Lawrence Rehab Center
Our File No.: 10-14569
JOHN MAXWELL, Individually and as Attorney SUPERIOR COURT OF NEW JERSEY
In Fact for NANCY MAXWELL, LAW DIVISION: MERCER COUNTY
DOCKET NO.: MER-L-1599-22
Plaintiffs,
vs.
CIVIL ACTION
CAPITAL HEALTH SYSTEM, INC. d/b/a
CAPITAL HEALTH MEDICAL CENTER -
HOPEWELL; CAPITAL HEALTH MEDICAL
CENTER - HOPEWELL; RICHELLE KOZAK, RN; ANSWER, SEPARATE DEFENSES,
DANA TINEY, RN; BIANNA ACACIA, RN; CROSSCLAIM, DEMAND FOR
PREFFERRED CARE AT MERCER, LLC d/b/a STATEMENT OF DAMAGES,
PREFERRED CARE AT MERCER; PREFERRED DEMAND FOR TRIAL BY JURY,
CARE AT MERCER; CAPITAL HEALTH DESIGNATION OF TRIAL COUNSEL
SYSTEM, INC. d/b/a CAPITAL REGIONAL AND CERTIFICATIONS
MEDICAL CENTER; CAPITAL HEALTH
REGIONAL MEDICAL CENTER; PRABHJOT
PANDHER, RN; SHRIJANA BANJARA, RN and
INESSA CHAYKOVSKA, RN; MORRIS HALL/ST.
LAWRENCE, INC. D/b/a ST. LAWRENCE
REHAB CENTER; ST. LAWRENCE REHAB
CENTER; JANE DOE NURSES 1-50; JANE ROE
TECHNICIANS, CNA’S AND PARAMEDICAL
EMPLOYEES 1-5-; JOHN DOE PHYSICIANS 1-
50; RICHARD ROES 1-10; JANE DOE
DIETICIANS 1-50; ABC CORPORATION AND
ABC PARTNERSHIP (the aforesaid names
being fictitious and their true names being
unknown),
Defendants.
Defendants, Morris Hall/St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center
and St. Lawrence Rehab Center, by way of Answer to the Complaint, say:
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GENERAL ALLEGATIONS
PARTIES
1-13. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
14. Defendants admit operation as a non-profit corporation organized exclusively for
charitable purposes.
15. Insofar as the allegations contained in this paragraph of the Complaint do not pertain
to these defendants, they make no answer thereto. Insofar as the allegations contained
in this paragraph of the Complaint pertain to these defendants, same are denied.
16. Defendants are without sufficient knowledge or information to form a belief as to the
truth of the allegations contained in this paragraph of the Complaint and leave plaintiffs to
their proofs.
17-20. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
FACTS RELEVANT TO ALL CAUSES OF ACTION
21-23. Defendants are without sufficient knowledge or information to form a belief as to the
truth of the allegations contained in these paragraphs of the Complaint and leave plaintiffs
to their proofs.
24-28. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
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contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
WHEREFORE, defendants demand Judgment dismissing the Complaint herein,
together with legal fees and costs of suit.
FIRST COUNT
1. Defendants repeat and reiterate their answers to the allegations of Paragraph One
with full force and effect as though more fully set forth herein at length.
2-7. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
WHEREFORE, defendants demand Judgment dismissing the Complaint herein,
together with legal fees and costs of suit.
SECOND COUNT
1. Defendants repeat the answers to the allegations of the prior Counts of the
Complaint and make them a part hereof as though set forth at length herein.
2-3. Defendants are without sufficient knowledge or information to form a belief as to the
truth of the allegations contained in these paragraphs of the Complaint and leave plaintiffs
to their proofs.
4-7. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
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WHEREFORE, defendants demand Judgment dismissing the Complaint herein,
together with legal fees and costs of suit.
THIRD COUNT
1. Defendants repeat the answers to the allegations of the prior Counts of the Complaint
and make them a part hereof as though set forth at length herein.
2. Paragraph Two asserts a contention of law and, as such, defendants make no
response thereto. To the extent that plaintiffs are asserting allegations of fact, same are
denied.
3-7. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
WHEREFORE, defendants demand Judgment dismissing the Complaint herein,
together with legal fees and costs of suit.
FOURTH COUNT
1. Defendants repeat the answers to the allegations of the prior Counts of the Complaint
and make them a part hereof as though set forth at length herein.
2. Paragraph Two asserts a contention of law and, as such, defendants make no
response thereto. To the extent that plaintiffs are asserting allegations of fact, same are
denied.
3-4. Insofar as the allegations contained in these paragraphs of the Complaint do not
pertain to these defendants, they make no answer thereto. Insofar as the allegations
contained in these paragraphs of the Complaint pertain to these defendants, same are
denied.
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WHEREFORE, defendants demand Judgment dismissing the Complaint herein,
together with legal fees and costs of suit.
GENERAL SEPARATE DEFENSES
FIRST SEPARATE DEFENSE
There is a lack of in personam jurisdiction over these defendants because sufficient
minimum contacts among this state, this action, and these parties do not exist. The
exercise of such jurisdiction over these defendants is, therefore, in violation of these
defendants rights under the Constitutions of the State of New Jersey and the United States
of America and these defendants reserve the right to move for dismissal of the pleading.
SECOND SEPARATE DEFENSE
There is a lack of in personam jurisdiction over these defendants because sufficient
minimum contacts among this state, this action, and these parties do not exist. The
exercise of such jurisdiction over these defendants is, therefore, in violation of these
defendants rights under the Constitutions of the State of New Jersey and the United States
of America and these defendants reserve the right to move for dismissal of the pleading.
THIRD SEPARATE DEFENSE
The court lacks jurisdiction over the subject matter of this action and these
defendants reserves the right to move for dismissal of the pleading.
FOURTH SEPARATE DEFENSE
The Complaint fails to state a claim upon which relief may be granted, and these
defendants reserve the right to move at or before the time of trial to dismiss same.
FIFTH SEPARATE DEFENSE
The Complaint fails to join a necessary or indispensable party without whom this
action cannot proceed.
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SIXTH SEPARATE DEFENSE
The Complaint fails to set forth a cause of action upon which relief may be granted
pursuant to N.J.S.A. 2A:58C-1 et seq.
SEVENTH SEPARATE DEFENSE
Plaintiffs have failed to issue process within the time required by law, and these
defendants are entitled to a dismissal of the action.
EIGHTH SEPARATE DEFENSE
The Complaint fails to state a claim upon which relief can be granted, the court lacks
jurisdiction over the subject matter of this action, and plaintiffs are barred from recovery as
a matter of law because the alleged claim was not made and perfected in the manner and
within the time provided and required by the law, statute, regulation or contract upon which
it is predicated.
NINTH SEPARATE DEFENSE
The claim is barred by the entire controversy doctrine and the mandatory joinder
rule.
TENTH SEPARATE DEFENSE
The applicable law, rule, statute or regulation, including, but not limited to the Statute
of Limitations, controlling or requiring the institution of suit within a certain period of time
following its accrual, was not complied with by plaintiffs and, accordingly, plaintiffs’ claim
is barred as a matter of law.
ELEVENTH SEPARATE DEFENSE
Plaintiffs’ claims are barred or limited by the law of contributory negligence as a
result of plaintiffs’ failure to exercise due and proper care under the existing circumstances
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and conditions.
TWELFTH SEPARATE DEFENSE
Any and all injuries and damages sustained by plaintiffs were the result of a third
party over whom these defendants had no control.
THIRTEENTH SEPARATE DEFENSE
Plaintiffs assumed the risk and were fully cognizant of any and all circumstances
surrounding the alleged incident.
FOURTEENTH SEPARATE DEFENSE
Plaintiffs’ damages are barred or, at the very least, to be reduced, by virtue of the
doctrine of comparative negligence and the Comparative Negligence Act, N.J.S.A. 2A:15-5
et seq.
FIFTEENTH SEPARATE DEFENSE
Defendants claim credit for all collateral sources from which plaintiffs have or shall
receive benefits pursuant to N.J.S.A. 2A:15-97.
SIXTEENTH SEPARATE DEFENSE
Plaintiffs are liable for comparative fault in voluntarily and unreasonably proceeding
to encounter a known danger.
SEVENTEENTH SEPARATE DEFENSE
The incident which forms the basis of this litigation and which allegedly caused
injuries and damages to plaintiffs was proximately caused or contributed to by the fault of
third persons not parties to this litigation. The responsibility of the defendants filing this
answer and the right of plaintiffs to recover in this litigation can only be determined after the
percentages of responsibility of all parties to the incident are determined whether or not
they are parties to this litigation. Accordingly, these defendants seek an adjudication of the
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percentage of fault of the claimant and each and every other person whose fault
contributed to the incident.
EIGHTEENTH SEPARATE DEFENSE
The damages of claimants are limited by the doctrine of avoidable consequences.
NINETEENTH SEPARATE DEFENSE
The damages alleged were the result of unforeseeable intervening acts of an agency
independent of this party which bars claimants’ cause of action.
TWENTIETH SEPARATE DEFENSE
These parties engaged an independent contractor who performed all work alleged
to have caused claimants’ injury and, therefore, all claims against these parties are barred
as a matter of law.
TWENTY-FIRST SEPARATE DEFENSE
The occurrence complained of was neither intended, foreseeable nor preventable
by the exercise of reasonable care.
TWENTY-SECOND SEPARATE DEFENSE
These defendants did not breach any contractual obligation or warranties expressed,
implied or arising by operation of law.
TWENTY-THIRD SEPARATE DEFENSE
Although these defendants deny the allegations of plaintiffs as to injuries and
damages alleged, these injuries and damages, if any, were caused by the intervening acts
or superseding negligence of persons, parties or corporate entities over whom these
defendants had no control.
TWENTY-FOURTH SEPARATE DEFENSE
These defendants reserve the right to amend their answer and to assert additional
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defenses and/or supplement, alter or change this answer upon the revelation of more
definite facts during and/or upon the completion of further discovery and investigation.
TWENTY-FIFTH SEPARATE DEFENSE
At all times relevant to the within litigation, these defendants complied with the
applicable laws, regulations and standards.
TWENTY-SIXTH SEPARATE DEFENSE
Plaintiffs’ claim is frivolous within the meaning of N.J.S.A. 2A:15-59.1 and
defendants reserve the right to move for all counsel fees and costs of suit.
TWENTY-SEVENTH SEPARATE DEFENSE
These parties are non-profit corporations, societies or associations organized
exclusively for hospital purposes within the contemplation of N.J.S.A. 2A:53A-7 et seq and
2A:53A-8 et seq or trustees, directors, officers or volunteers of such organizations, and as
such their responsibility in damages is limited by said statutes.
TWENTY-EIGHTH SEPARATE DEFENSE
These parties are non-profit corporations, societies or associations, or trustees,
directors, officers, volunteers, agents, servants or employees of a non-profit corporation,
society or association within the contemplation of N.J.S. 2A:53A-7 et seq., and as such are
immune from liability to plaintiffs.
TWENTY-NINTH SEPARATE DEFENSE
Defendants assert that any and all actions were made in accordance with accepted
medical standards.
THIRTIETH SEPARATE DEFENSE
Defendants assert that there was no deviation from accepted medical standards.
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THIRTY-FIRST SEPARATE DEFENSE
Defendants assert that any and all actions were made in accordance with accepted
professional standards.
THIRTY-SECOND SEPARATE DEFENSE
Defendants assert that there was no deviation from accepted professional
standards.
THIRTY-THIRD SEPARATE DEFENSE
Defendants did not breach any contractual obligation or warranties expressed,
implied or arising by law, or any standards or canons or professional conduct.
THIRTY-FOURTH SEPARATE DEFENSE
The basis of plaintiff's cause of action is against the public policy of this State and
the claim for punitive damages is barred as a matter of law.
THIRTY-FIFTH SEPARATE DEFENSE
Defendants assert any and all relief available pursuant to N.J.S.A. 2A:53A-26, et
seq.
THIRTY-SIXTH SEPARATE DEFENSE
Defendants assert any and all relief available pursuant to N.J.S.A. 2A:53A-37, et
seq.
CROSSCLAIM
Defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center
and St. Lawrence Rehab Center, by way of crossclaim against any and all co-defendants,
including fictitious defendants, third-party defendants and defendants added as parties at
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a later date, say:
While denying that they are in any way obligated or liable under the claims for relief
asserted against them, defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence
Rehab Center and St. Lawrence Rehab Center, allege that:
a. Any obligation imposed upon them to respond in damages could only be as a
result of operation of law based upon liability, technical, imputed or implied, whereas the
actual fault or negligence was on the part of the party or parties against whom this claim
is asserted.
b. Any obligation of these defendants to respond in damages is based upon an
alleged breach of contract, whereas the causative act or failure to act was that of the party
or parties against whom this claim is asserted.
c. The party or parties against whom this claim is asserted are obligated under the
terms and provisions of the New Jersey Tortfeasors Contribution Act (N.J.S.A. 2A:53A et
seq), the Comparative Negligence Act (N.J.S.A. 2A:15-5.1 et seq, and/or The New Jersey
Tort Claims Act (N.J.S.A. 59:1 et seq), for their pro rata share of any judgment.
d. These defendants are entitled to a determination of the percentage shares of
responsibility of all tortfeasors, whose fault contributed to the claimed injuries and property
damage, as the obligation, if any, of these defendants to respond in damages should not
exceed its percentage share.
e. Arising out of the relationship between the parties is a contractual obligation
entitling these defendants indemnification from the party or parties against whom this claim
is asserted.
f. In addition to the foregoing, defendants are entitled to common law and
contractual indemnification.
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WHEREFORE, defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence
Rehab Center and St. Lawrence Rehab Center, demand judgment or restitution,
indemnity, contribution or apportionment of responsibility from the party or parties against
whom this claim is asserted.
ANSWER TO ALL CROSSCLAIMS
Defendants deny all crossclaims asserted against them in this action.
DEMAND FOR ALLOCATION AND CREDIT
Pursuant to R. 4:7-5, defendants, Morris Hall / St. Lawrence, Inc. d/b/a St.
Lawrence Rehab Center and St. Lawrence Rehab Center, demand an allocation of
liability for all defendants, including all settling defendants, as well as a credit for the
responsibility of all settling defendants.
DEMAND FOR STATEMENT OF DAMAGES
PLEASE TAKE NOTICE that pursuant to Rule 4:5-2, the parties filing this answer
require that you, within five days, furnish them with a statement of damages claimed.
DEMAND FOR TRIAL BY JURY
PLEASE TAKE NOTICE that defendants demand a trial of the issues by a jury of six
persons.
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that, pursuant to R. 4:25-4, MaryAnn Nobile Wilderotter,
Esquire, is hereby designated as trial counsel on behalf of Defendants, Morris Hall / St.
Lawrence, Inc. d/b/a St. LawrenceRehab Center and St. Lawrence Rehab Center.
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CERTIFICATION
I hereby certify that a copy of the within document has been filed with the Clerk of
the captioned Court and that a copy of same was served upon all interested attorneys,
within the time allowed by the Rules of Court.
CERTIFICATION PURSUANT TO RULE 4:5-1
1. The matter in controversy is the subject of a pending action or arbitration as
follows: NONE KNOWN
2. Contemplation of another action or arbitration proceeding is contemplated as
follows: NONE KNOWN
3. The following parties listed should be joined in this action: NONE KNOWN
4. I CERTIFY that the foregoing statements made by me are true. I am aware that
if any of the foregoing statements made by me are willfully false, I am subject to
punishment.
RONAN, TUZZIO & GIANNONE
Attorneys for Defendants,
Morris Hall / St. Lawrence, Inc. d/b/a St.
Lawrence Rehab Center and St. Lawrence
Rehab Center.
BY: MaryAnn Nobile Wilderotter, Esq.
Dated: November 15, 2022
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Civil Case Information Statement
Case Details: MERCER | Civil Part Docket# L-001599-22
Case Caption: MAXWELL JOHN VS CAPITAL HEALTH Case Type: MEDICAL MALPRACTICE
SYSTE M INC. Document Type: Answer W/CrossClaim W/Jury Demand
Case Initiation Date: 09/15/2022 Jury Demand: YES - 6 JURORS
Attorney Name: MARY ANN NOBILE WILDEROTTER Is this a professional malpractice case? YES
Firm Name: RONAN TUZZIO & GIANNONE, PA Related cases pending: NO
Address: ONE HOVCHILD PLZ 4000 ROUTE 66 If yes, list docket numbers:
TINTON FALLS NJ 07753 Do you anticipate adding any parties (arising out of same
Phone: 7329223300 transaction or occurrence)? NO
Name of Party: DEFENDANT : MORRIS HALL ST. Does this case involve claims related to COVID-19? NO
LAWRENCE INC.
Name of Defendant’s Primary Insurance Company Are sexual abuse claims alleged by: JOHN MAXWELL? NO
(if known): PRINCETON INSURANCE COMPANY
Are sexual abuse claims alleged by: JOHN MAXWELL? 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)
11/15/2022 /s/ MARY ANN NOBILE WILDEROTTER
Dated Signed
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Preview
MER-L-001599-22 11/15/2022 2:48:59 PM Pg 1 of 13 Trans ID: LCV20223947142 RONAN, TUZZIO & GIANNONE By: MaryAnn Nobile Wilderotter, Esq. Attorney ID No.: 029401989 4000 ROUTE 66 One Hovchild Plaza Tinton Falls, NJ 07753 (732) 922-3300 Attorneys for Defendants, Morris Hall/St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center Our File No.: 10-14569 JOHN MAXWELL, Individually and as Attorney SUPERIOR COURT OF NEW JERSEY In Fact for NANCY MAXWELL, LAW DIVISION: MERCER COUNTY DOCKET NO.: MER-L-1599-22 Plaintiffs, vs. CIVIL ACTION CAPITAL HEALTH SYSTEM, INC. d/b/a CAPITAL HEALTH MEDICAL CENTER - HOPEWELL; CAPITAL HEALTH MEDICAL CENTER - HOPEWELL; RICHELLE KOZAK, RN; ANSWER, SEPARATE DEFENSES, DANA TINEY, RN; BIANNA ACACIA, RN; CROSSCLAIM, DEMAND FOR PREFFERRED CARE AT MERCER, LLC d/b/a STATEMENT OF DAMAGES, PREFERRED CARE AT MERCER; PREFERRED DEMAND FOR TRIAL BY JURY, CARE AT MERCER; CAPITAL HEALTH DESIGNATION OF TRIAL COUNSEL SYSTEM, INC. d/b/a CAPITAL REGIONAL AND CERTIFICATIONS MEDICAL CENTER; CAPITAL HEALTH REGIONAL MEDICAL CENTER; PRABHJOT PANDHER, RN; SHRIJANA BANJARA, RN and INESSA CHAYKOVSKA, RN; MORRIS HALL/ST. LAWRENCE, INC. D/b/a ST. LAWRENCE REHAB CENTER; ST. LAWRENCE REHAB CENTER; JANE DOE NURSES 1-50; JANE ROE TECHNICIANS, CNA’S AND PARAMEDICAL EMPLOYEES 1-5-; JOHN DOE PHYSICIANS 1- 50; RICHARD ROES 1-10; JANE DOE DIETICIANS 1-50; ABC CORPORATION AND ABC PARTNERSHIP (the aforesaid names being fictitious and their true names being unknown), Defendants. Defendants, Morris Hall/St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center, by way of Answer to the Complaint, say: MER-L-001599-22 11/15/2022 2:48:59 PM Pg 2 of 13 Trans ID: LCV20223947142 GENERAL ALLEGATIONS PARTIES 1-13. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in these paragraphs of the Complaint pertain to these defendants, same are denied. 14. Defendants admit operation as a non-profit corporation organized exclusively for charitable purposes. 15. Insofar as the allegations contained in this paragraph of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in this paragraph of the Complaint pertain to these defendants, same are denied. 16. Defendants are without sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph of the Complaint and leave plaintiffs to their proofs. 17-20. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in these paragraphs of the Complaint pertain to these defendants, same are denied. FACTS RELEVANT TO ALL CAUSES OF ACTION 21-23. Defendants are without sufficient knowledge or information to form a belief as to the truth of the allegations contained in these paragraphs of the Complaint and leave plaintiffs to their proofs. 24-28. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations 2 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 3 of 13 Trans ID: LCV20223947142 contained in these paragraphs of the Complaint pertain to these defendants, same are denied. WHEREFORE, defendants demand Judgment dismissing the Complaint herein, together with legal fees and costs of suit. FIRST COUNT 1. Defendants repeat and reiterate their answers to the allegations of Paragraph One with full force and effect as though more fully set forth herein at length. 2-7. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in these paragraphs of the Complaint pertain to these defendants, same are denied. WHEREFORE, defendants demand Judgment dismissing the Complaint herein, together with legal fees and costs of suit. SECOND COUNT 1. Defendants repeat the answers to the allegations of the prior Counts of the Complaint and make them a part hereof as though set forth at length herein. 2-3. Defendants are without sufficient knowledge or information to form a belief as to the truth of the allegations contained in these paragraphs of the Complaint and leave plaintiffs to their proofs. 4-7. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in these paragraphs of the Complaint pertain to these defendants, same are denied. 3 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 4 of 13 Trans ID: LCV20223947142 WHEREFORE, defendants demand Judgment dismissing the Complaint herein, together with legal fees and costs of suit. THIRD COUNT 1. Defendants repeat the answers to the allegations of the prior Counts of the Complaint and make them a part hereof as though set forth at length herein. 2. Paragraph Two asserts a contention of law and, as such, defendants make no response thereto. To the extent that plaintiffs are asserting allegations of fact, same are denied. 3-7. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in these paragraphs of the Complaint pertain to these defendants, same are denied. WHEREFORE, defendants demand Judgment dismissing the Complaint herein, together with legal fees and costs of suit. FOURTH COUNT 1. Defendants repeat the answers to the allegations of the prior Counts of the Complaint and make them a part hereof as though set forth at length herein. 2. Paragraph Two asserts a contention of law and, as such, defendants make no response thereto. To the extent that plaintiffs are asserting allegations of fact, same are denied. 3-4. Insofar as the allegations contained in these paragraphs of the Complaint do not pertain to these defendants, they make no answer thereto. Insofar as the allegations contained in these paragraphs of the Complaint pertain to these defendants, same are denied. 4 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 5 of 13 Trans ID: LCV20223947142 WHEREFORE, defendants demand Judgment dismissing the Complaint herein, together with legal fees and costs of suit. GENERAL SEPARATE DEFENSES FIRST SEPARATE DEFENSE There is a lack of in personam jurisdiction over these defendants because sufficient minimum contacts among this state, this action, and these parties do not exist. The exercise of such jurisdiction over these defendants is, therefore, in violation of these defendants rights under the Constitutions of the State of New Jersey and the United States of America and these defendants reserve the right to move for dismissal of the pleading. SECOND SEPARATE DEFENSE There is a lack of in personam jurisdiction over these defendants because sufficient minimum contacts among this state, this action, and these parties do not exist. The exercise of such jurisdiction over these defendants is, therefore, in violation of these defendants rights under the Constitutions of the State of New Jersey and the United States of America and these defendants reserve the right to move for dismissal of the pleading. THIRD SEPARATE DEFENSE The court lacks jurisdiction over the subject matter of this action and these defendants reserves the right to move for dismissal of the pleading. FOURTH SEPARATE DEFENSE The Complaint fails to state a claim upon which relief may be granted, and these defendants reserve the right to move at or before the time of trial to dismiss same. FIFTH SEPARATE DEFENSE The Complaint fails to join a necessary or indispensable party without whom this action cannot proceed. 5 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 6 of 13 Trans ID: LCV20223947142 SIXTH SEPARATE DEFENSE The Complaint fails to set forth a cause of action upon which relief may be granted pursuant to N.J.S.A. 2A:58C-1 et seq. SEVENTH SEPARATE DEFENSE Plaintiffs have failed to issue process within the time required by law, and these defendants are entitled to a dismissal of the action. EIGHTH SEPARATE DEFENSE The Complaint fails to state a claim upon which relief can be granted, the court lacks jurisdiction over the subject matter of this action, and plaintiffs are barred from recovery as a matter of law because the alleged claim was not made and perfected in the manner and within the time provided and required by the law, statute, regulation or contract upon which it is predicated. NINTH SEPARATE DEFENSE The claim is barred by the entire controversy doctrine and the mandatory joinder rule. TENTH SEPARATE DEFENSE The applicable law, rule, statute or regulation, including, but not limited to the Statute of Limitations, controlling or requiring the institution of suit within a certain period of time following its accrual, was not complied with by plaintiffs and, accordingly, plaintiffs’ claim is barred as a matter of law. ELEVENTH SEPARATE DEFENSE Plaintiffs’ claims are barred or limited by the law of contributory negligence as a result of plaintiffs’ failure to exercise due and proper care under the existing circumstances 6 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 7 of 13 Trans ID: LCV20223947142 and conditions. TWELFTH SEPARATE DEFENSE Any and all injuries and damages sustained by plaintiffs were the result of a third party over whom these defendants had no control. THIRTEENTH SEPARATE DEFENSE Plaintiffs assumed the risk and were fully cognizant of any and all circumstances surrounding the alleged incident. FOURTEENTH SEPARATE DEFENSE Plaintiffs’ damages are barred or, at the very least, to be reduced, by virtue of the doctrine of comparative negligence and the Comparative Negligence Act, N.J.S.A. 2A:15-5 et seq. FIFTEENTH SEPARATE DEFENSE Defendants claim credit for all collateral sources from which plaintiffs have or shall receive benefits pursuant to N.J.S.A. 2A:15-97. SIXTEENTH SEPARATE DEFENSE Plaintiffs are liable for comparative fault in voluntarily and unreasonably proceeding to encounter a known danger. SEVENTEENTH SEPARATE DEFENSE The incident which forms the basis of this litigation and which allegedly caused injuries and damages to plaintiffs was proximately caused or contributed to by the fault of third persons not parties to this litigation. The responsibility of the defendants filing this answer and the right of plaintiffs to recover in this litigation can only be determined after the percentages of responsibility of all parties to the incident are determined whether or not they are parties to this litigation. Accordingly, these defendants seek an adjudication of the 7 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 8 of 13 Trans ID: LCV20223947142 percentage of fault of the claimant and each and every other person whose fault contributed to the incident. EIGHTEENTH SEPARATE DEFENSE The damages of claimants are limited by the doctrine of avoidable consequences. NINETEENTH SEPARATE DEFENSE The damages alleged were the result of unforeseeable intervening acts of an agency independent of this party which bars claimants’ cause of action. TWENTIETH SEPARATE DEFENSE These parties engaged an independent contractor who performed all work alleged to have caused claimants’ injury and, therefore, all claims against these parties are barred as a matter of law. TWENTY-FIRST SEPARATE DEFENSE The occurrence complained of was neither intended, foreseeable nor preventable by the exercise of reasonable care. TWENTY-SECOND SEPARATE DEFENSE These defendants did not breach any contractual obligation or warranties expressed, implied or arising by operation of law. TWENTY-THIRD SEPARATE DEFENSE Although these defendants deny the allegations of plaintiffs as to injuries and damages alleged, these injuries and damages, if any, were caused by the intervening acts or superseding negligence of persons, parties or corporate entities over whom these defendants had no control. TWENTY-FOURTH SEPARATE DEFENSE These defendants reserve the right to amend their answer and to assert additional 8 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 9 of 13 Trans ID: LCV20223947142 defenses and/or supplement, alter or change this answer upon the revelation of more definite facts during and/or upon the completion of further discovery and investigation. TWENTY-FIFTH SEPARATE DEFENSE At all times relevant to the within litigation, these defendants complied with the applicable laws, regulations and standards. TWENTY-SIXTH SEPARATE DEFENSE Plaintiffs’ claim is frivolous within the meaning of N.J.S.A. 2A:15-59.1 and defendants reserve the right to move for all counsel fees and costs of suit. TWENTY-SEVENTH SEPARATE DEFENSE These parties are non-profit corporations, societies or associations organized exclusively for hospital purposes within the contemplation of N.J.S.A. 2A:53A-7 et seq and 2A:53A-8 et seq or trustees, directors, officers or volunteers of such organizations, and as such their responsibility in damages is limited by said statutes. TWENTY-EIGHTH SEPARATE DEFENSE These parties are non-profit corporations, societies or associations, or trustees, directors, officers, volunteers, agents, servants or employees of a non-profit corporation, society or association within the contemplation of N.J.S. 2A:53A-7 et seq., and as such are immune from liability to plaintiffs. TWENTY-NINTH SEPARATE DEFENSE Defendants assert that any and all actions were made in accordance with accepted medical standards. THIRTIETH SEPARATE DEFENSE Defendants assert that there was no deviation from accepted medical standards. 9 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 10 of 13 Trans ID: LCV20223947142 THIRTY-FIRST SEPARATE DEFENSE Defendants assert that any and all actions were made in accordance with accepted professional standards. THIRTY-SECOND SEPARATE DEFENSE Defendants assert that there was no deviation from accepted professional standards. THIRTY-THIRD SEPARATE DEFENSE Defendants did not breach any contractual obligation or warranties expressed, implied or arising by law, or any standards or canons or professional conduct. THIRTY-FOURTH SEPARATE DEFENSE The basis of plaintiff's cause of action is against the public policy of this State and the claim for punitive damages is barred as a matter of law. THIRTY-FIFTH SEPARATE DEFENSE Defendants assert any and all relief available pursuant to N.J.S.A. 2A:53A-26, et seq. THIRTY-SIXTH SEPARATE DEFENSE Defendants assert any and all relief available pursuant to N.J.S.A. 2A:53A-37, et seq. CROSSCLAIM Defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center, by way of crossclaim against any and all co-defendants, including fictitious defendants, third-party defendants and defendants added as parties at 10 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 11 of 13 Trans ID: LCV20223947142 a later date, say: While denying that they are in any way obligated or liable under the claims for relief asserted against them, defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center, allege that: a. Any obligation imposed upon them to respond in damages could only be as a result of operation of law based upon liability, technical, imputed or implied, whereas the actual fault or negligence was on the part of the party or parties against whom this claim is asserted. b. Any obligation of these defendants to respond in damages is based upon an alleged breach of contract, whereas the causative act or failure to act was that of the party or parties against whom this claim is asserted. c. The party or parties against whom this claim is asserted are obligated under the terms and provisions of the New Jersey Tortfeasors Contribution Act (N.J.S.A. 2A:53A et seq), the Comparative Negligence Act (N.J.S.A. 2A:15-5.1 et seq, and/or The New Jersey Tort Claims Act (N.J.S.A. 59:1 et seq), for their pro rata share of any judgment. d. These defendants are entitled to a determination of the percentage shares of responsibility of all tortfeasors, whose fault contributed to the claimed injuries and property damage, as the obligation, if any, of these defendants to respond in damages should not exceed its percentage share. e. Arising out of the relationship between the parties is a contractual obligation entitling these defendants indemnification from the party or parties against whom this claim is asserted. f. In addition to the foregoing, defendants are entitled to common law and contractual indemnification. 11 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 12 of 13 Trans ID: LCV20223947142 WHEREFORE, defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center, demand judgment or restitution, indemnity, contribution or apportionment of responsibility from the party or parties against whom this claim is asserted. ANSWER TO ALL CROSSCLAIMS Defendants deny all crossclaims asserted against them in this action. DEMAND FOR ALLOCATION AND CREDIT Pursuant to R. 4:7-5, defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center, demand an allocation of liability for all defendants, including all settling defendants, as well as a credit for the responsibility of all settling defendants. DEMAND FOR STATEMENT OF DAMAGES PLEASE TAKE NOTICE that pursuant to Rule 4:5-2, the parties filing this answer require that you, within five days, furnish them with a statement of damages claimed. DEMAND FOR TRIAL BY JURY PLEASE TAKE NOTICE that defendants demand a trial of the issues by a jury of six persons. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that, pursuant to R. 4:25-4, MaryAnn Nobile Wilderotter, Esquire, is hereby designated as trial counsel on behalf of Defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. LawrenceRehab Center and St. Lawrence Rehab Center. 12 MER-L-001599-22 11/15/2022 2:48:59 PM Pg 13 of 13 Trans ID: LCV20223947142 CERTIFICATION I hereby certify that a copy of the within document has been filed with the Clerk of the captioned Court and that a copy of same was served upon all interested attorneys, within the time allowed by the Rules of Court. CERTIFICATION PURSUANT TO RULE 4:5-1 1. The matter in controversy is the subject of a pending action or arbitration as follows: NONE KNOWN 2. Contemplation of another action or arbitration proceeding is contemplated as follows: NONE KNOWN 3. The following parties listed should be joined in this action: NONE KNOWN 4. I CERTIFY that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. RONAN, TUZZIO & GIANNONE Attorneys for Defendants, Morris Hall / St. Lawrence, Inc. d/b/a St. Lawrence Rehab Center and St. Lawrence Rehab Center. BY: MaryAnn Nobile Wilderotter, Esq. Dated: November 15, 2022 13 MER-L-001599-22 11/15/2022 MER-L-001599-22 11/15/20222:48:59 2:47:53PM PM Pg 1 of 2 Trans TransID: ID:LCV20223947142 LCV20223947142 Civil Case Information Statement Case Details: MERCER | Civil Part Docket# L-001599-22 Case Caption: MAXWELL JOHN VS CAPITAL HEALTH Case Type: MEDICAL MALPRACTICE SYSTE M INC. Document Type: Answer W/CrossClaim W/Jury Demand Case Initiation Date: 09/15/2022 Jury Demand: YES - 6 JURORS Attorney Name: MARY ANN NOBILE WILDEROTTER Is this a professional malpractice case? YES Firm Name: RONAN TUZZIO & GIANNONE, PA Related cases pending: NO Address: ONE HOVCHILD PLZ 4000 ROUTE 66 If yes, list docket numbers: TINTON FALLS NJ 07753 Do you anticipate adding any parties (arising out of same Phone: 7329223300 transaction or occurrence)? NO Name of Party: DEFENDANT : MORRIS HALL ST. Does this case involve claims related to COVID-19? NO LAWRENCE INC. Name of Defendant’s Primary Insurance Company Are sexual abuse claims alleged by: JOHN MAXWELL? NO (if known): PRINCETON INSURANCE COMPANY Are sexual abuse claims alleged by: JOHN MAXWELL? 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) 11/15/2022 /s/ MARY ANN NOBILE WILDEROTTER Dated Signed MER-L-001599-22 11/15/2022 MER-L-001599-22 11/15/20222:48:59 2:47:53PM PM Pg 2 of 2 Trans TransID: ID:LCV20223947142 LCV20223947142