Preview
MON-L-001642-22 11/22/2022 11:47:47 AM Pg 1 of 12 Trans ID: LCV20224028654
AHMUTY, DEMERS & MCMANUS, ESQS.
65 Madison Avenue, Suite 400
Morristown, New Jersey 07960
(973) 984-7300
Attorneys for Defendants
TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON
HOUSE HOLDINGS
Our File No.: SEDVS 0728J22 MCS/MRM
Attorney ID No.: 034881992
ALEXANDRA LOGG, SUPERIOR COURT OF NEW JERSEY
Plaintiff(s), LAW DIVISION: MONMOUTH COUNTY
VS. DOCKET NO: MON-L-1642-22
TRADER JOE’S COMPANY; CHELTON CIVIL ACTION
HOUSE HOLDINGS; ABC COMPANIES
and/or CORPORATIONS, 1-5 and JOHN ANSWER TO COMPLAINT and JURY
DOES, 1-5, DEMAND
Defendant(s)
The Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY)
and CHELTON HOUSE HOLDINGS, by way of Answer to the Complaint, say:
INTRODUCTION
1: ADMIT.
2: Denies upon information and belief as to each and every allegation contained in
paragraph designated “1” of the Complaint, except admits that Trader Joe’s is a grocery store,
and leaves Plaintiff to its proofs.
3: ADMIT.
4: ADMIT.
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5: Denies having knowledge or information sufficient to form a belief each and
every allegation contained in paragraph designated “5” of the Complaint and leaves Plaintiff to
its proofs.
6: Denies upon information and belief as to each and every allegation contained in
paragraph designated “6” of the Complaint and leaves Plaintiff to its proofs.
7: Denies upon information and belief as to each and every allegation contained in
paragraph designated “7” of the Complaint and leaves Plaintiff to its proofs.
8: Denies having knowledge or information sufficient to form a belief each and
every allegation contained in paragraph designated “8” of the Complaint and leaves Plaintiff to
its proofs.
9: Denies upon information and belief as to each and every allegation contained in
paragraph designated “9” of the Complaint and leaves Plaintiff to its proofs.
10: Denies upon information and belief as to each and every allegation contained in
paragraph designated “10” of the Complaint and leaves Plaintiff to its proofs.
FIRST COUNT
11: The Defendant repeats, reiterates and realleges each and every response as if set
forth at length herein.
12: ADMIT.
13: Denies upon information and belief as to each and every allegation contained in
paragraph designated “13” of the Complaint and respectfully refers all questions of law to the
Honorable Court.
14: Denies upon information and belief each and every allegation contained in
paragraph designated “14” of the Complaint and leaves Plaintiff to its proofs.
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15: Denies upon information and belief as to each and every allegation contained in
paragraph designated “15” of the Complaint and leaves Plaintiff to its proofs.
16: Denies upon information and belief each and every allegation contained in
paragraph designated “16” of the Complaint and leaves Plaintiff to its proofs.
17: Denies upon information and belief each and every allegation contained in
paragraph designated “17” of the Complaint and leaves Plaintiff to its proofs.
WHEREFORE, the Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER
JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, demands judgment dismissing the
Complaint and awarding attorney’s fees and costs of suit and any further relief the Court deems
equitable and just.
SECOND COUNT
18: The Defendant repeats, reiterates and realleges each and every response as if set
forth at length herein.
19: Denies upon information and belief as to each and every allegation contained in
paragraph designated “19” of the Complaint and respectfully refers all questions of law to the
Honorable Court.
20: Denies upon information and belief as to each and every allegation contained in
paragraph designated “20” of the Complaint and respectfully refers all questions of law to the
Honorable Court.
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21: Denies upon information and belief as to each and every allegation contained in
paragraph designated “21” of the Complaint and respectfully refers all questions of law to the
Honorable Court.
22: Denies upon information and belief as to each and every allegation contained in
paragraph designated “22” of the Complaint and leaves Plaintiff to its proofs.
23: Denies upon information and belief as to each and every allegation contained in
paragraph designated “23” of the Complaint and leaves Plaintiff to its proofs.
24: Denies upon information and belief as to each and every allegation contained in
paragraph designated “24” of the Complaint and leaves Plaintiff to its proofs.
25: Denies upon information and belief as to each and every allegation contained in
paragraph designated “25” of the Complaint and leaves Plaintiff to its proofs.
WHEREFORE, the Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER
JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, demands judgment dismissing the
Complaint and awarding attorney’s fees and costs of suit and any further relief the Court deems
equitable and just.
THIRD COUNT
26: The Defendant repeats, reiterates and realleges each and every response as if set
forth at length herein.
27: Denies having knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraph designated “27” of the Complaint and leaves Plaintiff to
its proofs.
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28: Denies upon information and belief as to each and every allegation contained in
paragraph designated “28” of the Complaint and leaves Plaintiff to its proofs.
29: Denies upon information and belief as to each and every allegation contained in
paragraph designated “29” of the Complaint and respectfully refers all questions of law to the
Honorable Court.
30: Denies upon information and belief as to each and every allegation contained in
paragraph designated “30” of the Complaint and leaves Plaintiff to its proofs.
31: Denies upon information and belief as to each and every allegation contained in
paragraph designated “31” of the Complaint and leaves Plaintiff to its proofs.
32: Denies upon information and belief as to each and every allegation contained in
paragraph designated “32” of the Complaint and leaves Plaintiff to its proofs.
33: Denies upon information and belief as to each and every allegation contained in
paragraph designated “33” of the Complaint and respectfully refers all questions of law to the
Honorable Court.
WHEREFORE, the Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER
JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, demands judgment dismissing the
Complaint and awarding attorney’s fees and costs of suit and any further relief the Court deems
equitable and just.
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FIRST AFFIRMATIVE DEFENSE
If the Plaintiff suffered damages, the same were caused by the Plaintiff’s sole negligence.
SECOND AFFIRMATIVE DEFENSE
If the Plaintiff suffered damages, the same were caused by the Plaintiff’s contributory
negligence.
THIRD AFFIRMATIVE DEFENSE
If the Plaintiff suffered damages, the same were caused by third parties over which the
answering Defendant had no control.
FOURTH AFFIRMATIVE DEFENSE
This answering Defendant’s conduct was not negligent.
FIFTH AFFIRMATIVE DEFENSE
The answering Defendant's conduct was not the proximate cause of the Plaintiff’s alleged
damages.
SIXTH AFFIRMATIVE DEFENSE
At the time and place aforesaid, Plaintiff was negligent, barring or limiting recovery in
whole or in part and this answering Defendant pleads the Comparative Negligence Statute as to all
parties.
SEVENTH AFFIRMATIVE DEFENSE
The alleged damages complained of were due to unavoidable circumstances and causes
beyond the control or fault of the answering Defendant.
EIGHTH AFFIRMATIVE DEFENSE
This action is barred by the Statute of Limitations.
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NINTH AFFIRMATIVE DEFENSE
This action is barred by the Statute of Repose.
TENTH AFFIRMATIVE DEFENSE
This case should be dismissed on the grounds that there is no personal jurisdiction over the
answering Defendant.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff’s complaint fails to state a cause of action.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff has recovered the costs of medical care, dental care, custodial care, rehabilitation
services, loss of earnings and other economical loss and any future such loss or expense will, with
reasonable probability, be replaced or indemnified in whole or in part from collateral sources. Any
award made to plaintiff shall be reduced in accordance with the provisions of N.J.S.A. 2A:15-97.
THIRTEENTH AFFIRMATIVE DEFENSE
The incident which forms the basis of this litigation and which allegedly caused the injuries
and damages to Plaintiff was proximately caused or contributed to by the fault of third parties which
are not parties to this suit. The responsibility of the answering Defendant and the right of Plaintiff
to recover in this litigation can only be determined after the percentages of responsibility of all
parties, whether or not settled, to this litigation have been determined. Accordingly, this answering
Defendant seeks an adjudication of the percentage of fault of the Plaintiff, and each and every
person whose fault contributed to this incident pursuant to R. 4:7-5(c) and Young v. Latta, 123 N.J.
584 (1991).
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FOURTEENTH AFFIRMATIVE DEFENSE
The product in question was not in a defective state at the time of the accident.
FIFTEENTH AFFIRMATIVE DEFENSE
The product in question was not in a defective state at the time it left the control and/or
possession of this Defendants.
SIXTEENTH AFFIRMATIVE DEFENSE
The product referred to in the Plaintiff’s Complaint is not a dangerous instrumentality nor is
it unreasonably dangerous and, therefore, the theory of strict liability does not apply.
SEVENTEENTH AFFIRMATIVE DEFENSE
The incident, injuries and damages complained of were caused by the unauthorized,
unintended or improper use or misuse, overuse or abuse of the product complained of and the
Plaintiff’s failure to exercise reasonable and ordinary care, caution or vigilance in the use of said
product.
EIGHTEENTH AFFIRMATIVE DEFENSE
The theory of failure to warn is not applicable to this Defendant under the facts of this
litigation, but, nevertheless, if such a duty is found to have existed, then this Defendant asserts that it
provided all applicable warnings.
NINETEENTH AFFIRMATIVE DEFENSE
At the time that the product referred to in the Plaintiff’s Complaint left this Defendant’s
control, it was designed and manufactured in accordance with the State of the Art.
TWENTIETH AFFIRMATIVE DEFENSE
The product complained of has been substantially modified after it left this party’s control.
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TWENTY-FIRST AFFIRMATIVE DEFENSE
This Defendants reserves the right to move for dismissal of the Plaintiff’s and/or Third-Party
Plaintiff’s Complaint pursuant to Rules 4:4-1 and 4:37-2.
NOTICE TO PRODUCE DOCUMENTS
PLEASE TAKE NOTICE that pursuant to Rule 4:18-1, request is hereby made of the
Plaintiff, by these Defendant, that you produce true, complete and accurate copies of the following
documents to this office, within thirty (30) days of the date hereof:
1. Copies of any prior discovery, including pleadings; motions; Orders; answers to
interrogatories; deposition transcripts; demand for documents; request for admissions; and
responses thereto exchanged between parties in this action, with attachments and/or amendments.
REQUEST FOR STATEMENT OF DAMAGES
TO: ATTORNEY FOR PLAINTIFF
PLEASE TAKE NOTICE that in accordance with Rule 4:5-2, the undersigned requests that
within five (5) days of service hereof upon you, you serve upon us a written statement of the amount
of damages claimed in the above-entitled action.
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, be advised that MICHAEL C. SALVO, ESQ., has been assigned as
trial counsel on behalf of TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY)
and CHELTON HOUSE HOLDINGS in the above-captioned matter.
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REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5(c):
If any co-defendant settles prior to verdict, this defendant will seek an allocation by the
fact finder of the percentage of negligence against the settling defendant. This defendant will seek
this allocation, whether or not this defendant has formally filed a crossclaim against the settling
defendant. This defendant will rely upon the direct examination and cross-examination of the
plaintiff’s expert witnesses, and any and all other witnesses at the time of trial, in support of this
allocation and specially reserve the right to call any and all such witnesses. All parties are being
apprised of this pursuant to Rule 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991).
JURY DEMAND
The Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY)
and CHELTON HOUSE HOLDINGS hereby demands a trial by jury on all issues.
AHMUTY DEMERS & MCMANUS, ESQS.
/s/ Michael C. Salvo
By: ________________________________
MICHAEL C. SALVO, ESQ.
Dated: November 22, 2022
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CERTIFICATION OF COUNSEL
1. Pursuant to Rule 4:5-1, the undersigned hereby certifies that at the time of filing of
this pleading, the matter in controversy is not the subject of any other action pending in any Court
and/or Arbitration proceeding.
2. I certify that the within pleading was filed within the time prescribed by the New
Jersey Court Rules and the Consent Order Vacating Default, and 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.
AHMUTY DEMERS & MCMANUS, ESQS.
/s/ Michael C. Salvo
By: ________________________________
MICHAEL C. SALVO, ESQ.
Dated: November 22, 2022
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CERTIFICATE OF MAILING
I, MICHAEL C. SALVO, ESQ., certify that on the 22nd day of November, 2022, I
forwarded a copy of the within ANSWER TO COMPLAINT ON BEHALF OF TRADER
JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE
HOLDINGS, SEPARATE DEFENSES, REQUEST FOR DOCUMENTS, REQUEST FOR
WRITTEN STATEMENT OF DAMAGES CLAIMED, DESIGNATION OF TRIAL
COUNSEL and JURY DEMAND to the following attorneys for the respective parties hereto, via
E-Filing:
James D. Martin, Esq.
MARTIN KANE & KUPER
180 Tices Lane Building B Suite 200
East Brunswick, NJ 08850
Attorney for Plaintiff
I certify that the foregoing statements made by me are true. I am aware that if any of the
statements made by me are willfully false, I am subject to punishment.
/s/ Michael C. Salvo
________________________________
MICHAEL C. SALVO, ESQ.
Dated: November 22, 2022
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November
2nd
________________________
Hon. Andrea I. Marshall,
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TransID:
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Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-001642-22
Case Caption: LOGG ALEXANDRA VS TRADER JOE'S Case Type: PERSONAL INJURY
COMPANY Document Type: Answer W/Jury Demand
Case Initiation Date: 06/15/2022 Jury Demand: YES - 12 JURORS
Attorney Name: MICHAEL C SALVO Is this a professional malpractice case? NO
Firm Name: AHMUTY DEMERS & MC MANUS Related cases pending: NO
Address: 65 MADISON AVENUE SUITE 400 If yes, list docket numbers:
MORRISTOWN NJ 079600000 Do you anticipate adding any parties (arising out of same
Phone: 9739847300 transaction or occurrence)? NO
Name of Party: DEFENDANT : TRADER JOE'S COMPANY Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): Sedgwick Are sexual abuse claims alleged by: ALEXANDRA LOGG? 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)
11/22/2022 /s/ MICHAEL C SALVO
Dated Signed
Preview
MON-L-001642-22 11/22/2022 11:47:47 AM Pg 1 of 12 Trans ID: LCV20224028654 AHMUTY, DEMERS & MCMANUS, ESQS. 65 Madison Avenue, Suite 400 Morristown, New Jersey 07960 (973) 984-7300 Attorneys for Defendants TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS Our File No.: SEDVS 0728J22 MCS/MRM Attorney ID No.: 034881992 ALEXANDRA LOGG, SUPERIOR COURT OF NEW JERSEY Plaintiff(s), LAW DIVISION: MONMOUTH COUNTY VS. DOCKET NO: MON-L-1642-22 TRADER JOE’S COMPANY; CHELTON CIVIL ACTION HOUSE HOLDINGS; ABC COMPANIES and/or CORPORATIONS, 1-5 and JOHN ANSWER TO COMPLAINT and JURY DOES, 1-5, DEMAND Defendant(s) The Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, by way of Answer to the Complaint, say: INTRODUCTION 1: ADMIT. 2: Denies upon information and belief as to each and every allegation contained in paragraph designated “1” of the Complaint, except admits that Trader Joe’s is a grocery store, and leaves Plaintiff to its proofs. 3: ADMIT. 4: ADMIT. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 2 of 12 Trans ID: LCV20224028654 5: Denies having knowledge or information sufficient to form a belief each and every allegation contained in paragraph designated “5” of the Complaint and leaves Plaintiff to its proofs. 6: Denies upon information and belief as to each and every allegation contained in paragraph designated “6” of the Complaint and leaves Plaintiff to its proofs. 7: Denies upon information and belief as to each and every allegation contained in paragraph designated “7” of the Complaint and leaves Plaintiff to its proofs. 8: Denies having knowledge or information sufficient to form a belief each and every allegation contained in paragraph designated “8” of the Complaint and leaves Plaintiff to its proofs. 9: Denies upon information and belief as to each and every allegation contained in paragraph designated “9” of the Complaint and leaves Plaintiff to its proofs. 10: Denies upon information and belief as to each and every allegation contained in paragraph designated “10” of the Complaint and leaves Plaintiff to its proofs. FIRST COUNT 11: The Defendant repeats, reiterates and realleges each and every response as if set forth at length herein. 12: ADMIT. 13: Denies upon information and belief as to each and every allegation contained in paragraph designated “13” of the Complaint and respectfully refers all questions of law to the Honorable Court. 14: Denies upon information and belief each and every allegation contained in paragraph designated “14” of the Complaint and leaves Plaintiff to its proofs. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 3 of 12 Trans ID: LCV20224028654 15: Denies upon information and belief as to each and every allegation contained in paragraph designated “15” of the Complaint and leaves Plaintiff to its proofs. 16: Denies upon information and belief each and every allegation contained in paragraph designated “16” of the Complaint and leaves Plaintiff to its proofs. 17: Denies upon information and belief each and every allegation contained in paragraph designated “17” of the Complaint and leaves Plaintiff to its proofs. WHEREFORE, the Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, demands judgment dismissing the Complaint and awarding attorney’s fees and costs of suit and any further relief the Court deems equitable and just. SECOND COUNT 18: The Defendant repeats, reiterates and realleges each and every response as if set forth at length herein. 19: Denies upon information and belief as to each and every allegation contained in paragraph designated “19” of the Complaint and respectfully refers all questions of law to the Honorable Court. 20: Denies upon information and belief as to each and every allegation contained in paragraph designated “20” of the Complaint and respectfully refers all questions of law to the Honorable Court. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 4 of 12 Trans ID: LCV20224028654 21: Denies upon information and belief as to each and every allegation contained in paragraph designated “21” of the Complaint and respectfully refers all questions of law to the Honorable Court. 22: Denies upon information and belief as to each and every allegation contained in paragraph designated “22” of the Complaint and leaves Plaintiff to its proofs. 23: Denies upon information and belief as to each and every allegation contained in paragraph designated “23” of the Complaint and leaves Plaintiff to its proofs. 24: Denies upon information and belief as to each and every allegation contained in paragraph designated “24” of the Complaint and leaves Plaintiff to its proofs. 25: Denies upon information and belief as to each and every allegation contained in paragraph designated “25” of the Complaint and leaves Plaintiff to its proofs. WHEREFORE, the Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, demands judgment dismissing the Complaint and awarding attorney’s fees and costs of suit and any further relief the Court deems equitable and just. THIRD COUNT 26: The Defendant repeats, reiterates and realleges each and every response as if set forth at length herein. 27: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated “27” of the Complaint and leaves Plaintiff to its proofs. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 5 of 12 Trans ID: LCV20224028654 28: Denies upon information and belief as to each and every allegation contained in paragraph designated “28” of the Complaint and leaves Plaintiff to its proofs. 29: Denies upon information and belief as to each and every allegation contained in paragraph designated “29” of the Complaint and respectfully refers all questions of law to the Honorable Court. 30: Denies upon information and belief as to each and every allegation contained in paragraph designated “30” of the Complaint and leaves Plaintiff to its proofs. 31: Denies upon information and belief as to each and every allegation contained in paragraph designated “31” of the Complaint and leaves Plaintiff to its proofs. 32: Denies upon information and belief as to each and every allegation contained in paragraph designated “32” of the Complaint and leaves Plaintiff to its proofs. 33: Denies upon information and belief as to each and every allegation contained in paragraph designated “33” of the Complaint and respectfully refers all questions of law to the Honorable Court. WHEREFORE, the Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, demands judgment dismissing the Complaint and awarding attorney’s fees and costs of suit and any further relief the Court deems equitable and just. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 6 of 12 Trans ID: LCV20224028654 FIRST AFFIRMATIVE DEFENSE If the Plaintiff suffered damages, the same were caused by the Plaintiff’s sole negligence. SECOND AFFIRMATIVE DEFENSE If the Plaintiff suffered damages, the same were caused by the Plaintiff’s contributory negligence. THIRD AFFIRMATIVE DEFENSE If the Plaintiff suffered damages, the same were caused by third parties over which the answering Defendant had no control. FOURTH AFFIRMATIVE DEFENSE This answering Defendant’s conduct was not negligent. FIFTH AFFIRMATIVE DEFENSE The answering Defendant's conduct was not the proximate cause of the Plaintiff’s alleged damages. SIXTH AFFIRMATIVE DEFENSE At the time and place aforesaid, Plaintiff was negligent, barring or limiting recovery in whole or in part and this answering Defendant pleads the Comparative Negligence Statute as to all parties. SEVENTH AFFIRMATIVE DEFENSE The alleged damages complained of were due to unavoidable circumstances and causes beyond the control or fault of the answering Defendant. EIGHTH AFFIRMATIVE DEFENSE This action is barred by the Statute of Limitations. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 7 of 12 Trans ID: LCV20224028654 NINTH AFFIRMATIVE DEFENSE This action is barred by the Statute of Repose. TENTH AFFIRMATIVE DEFENSE This case should be dismissed on the grounds that there is no personal jurisdiction over the answering Defendant. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff’s complaint fails to state a cause of action. TWELFTH AFFIRMATIVE DEFENSE Plaintiff has recovered the costs of medical care, dental care, custodial care, rehabilitation services, loss of earnings and other economical loss and any future such loss or expense will, with reasonable probability, be replaced or indemnified in whole or in part from collateral sources. Any award made to plaintiff shall be reduced in accordance with the provisions of N.J.S.A. 2A:15-97. THIRTEENTH AFFIRMATIVE DEFENSE The incident which forms the basis of this litigation and which allegedly caused the injuries and damages to Plaintiff was proximately caused or contributed to by the fault of third parties which are not parties to this suit. The responsibility of the answering Defendant and the right of Plaintiff to recover in this litigation can only be determined after the percentages of responsibility of all parties, whether or not settled, to this litigation have been determined. Accordingly, this answering Defendant seeks an adjudication of the percentage of fault of the Plaintiff, and each and every person whose fault contributed to this incident pursuant to R. 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991). MON-L-001642-22 11/22/2022 11:47:47 AM Pg 8 of 12 Trans ID: LCV20224028654 FOURTEENTH AFFIRMATIVE DEFENSE The product in question was not in a defective state at the time of the accident. FIFTEENTH AFFIRMATIVE DEFENSE The product in question was not in a defective state at the time it left the control and/or possession of this Defendants. SIXTEENTH AFFIRMATIVE DEFENSE The product referred to in the Plaintiff’s Complaint is not a dangerous instrumentality nor is it unreasonably dangerous and, therefore, the theory of strict liability does not apply. SEVENTEENTH AFFIRMATIVE DEFENSE The incident, injuries and damages complained of were caused by the unauthorized, unintended or improper use or misuse, overuse or abuse of the product complained of and the Plaintiff’s failure to exercise reasonable and ordinary care, caution or vigilance in the use of said product. EIGHTEENTH AFFIRMATIVE DEFENSE The theory of failure to warn is not applicable to this Defendant under the facts of this litigation, but, nevertheless, if such a duty is found to have existed, then this Defendant asserts that it provided all applicable warnings. NINETEENTH AFFIRMATIVE DEFENSE At the time that the product referred to in the Plaintiff’s Complaint left this Defendant’s control, it was designed and manufactured in accordance with the State of the Art. TWENTIETH AFFIRMATIVE DEFENSE The product complained of has been substantially modified after it left this party’s control. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 9 of 12 Trans ID: LCV20224028654 TWENTY-FIRST AFFIRMATIVE DEFENSE This Defendants reserves the right to move for dismissal of the Plaintiff’s and/or Third-Party Plaintiff’s Complaint pursuant to Rules 4:4-1 and 4:37-2. NOTICE TO PRODUCE DOCUMENTS PLEASE TAKE NOTICE that pursuant to Rule 4:18-1, request is hereby made of the Plaintiff, by these Defendant, that you produce true, complete and accurate copies of the following documents to this office, within thirty (30) days of the date hereof: 1. Copies of any prior discovery, including pleadings; motions; Orders; answers to interrogatories; deposition transcripts; demand for documents; request for admissions; and responses thereto exchanged between parties in this action, with attachments and/or amendments. REQUEST FOR STATEMENT OF DAMAGES TO: ATTORNEY FOR PLAINTIFF PLEASE TAKE NOTICE that in accordance with Rule 4:5-2, the undersigned requests that within five (5) days of service hereof upon you, you serve upon us a written statement of the amount of damages claimed in the above-entitled action. DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, be advised that MICHAEL C. SALVO, ESQ., has been assigned as trial counsel on behalf of TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS in the above-captioned matter. MON-L-001642-22 11/22/2022 11:47:47 AM Pg 10 of 12 Trans ID: LCV20224028654 REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5(c): If any co-defendant settles prior to verdict, this defendant will seek an allocation by the fact finder of the percentage of negligence against the settling defendant. This defendant will seek this allocation, whether or not this defendant has formally filed a crossclaim against the settling defendant. This defendant will rely upon the direct examination and cross-examination of the plaintiff’s expert witnesses, and any and all other witnesses at the time of trial, in support of this allocation and specially reserve the right to call any and all such witnesses. All parties are being apprised of this pursuant to Rule 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991). JURY DEMAND The Defendants, TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS hereby demands a trial by jury on all issues. AHMUTY DEMERS & MCMANUS, ESQS. /s/ Michael C. Salvo By: ________________________________ MICHAEL C. SALVO, ESQ. Dated: November 22, 2022 MON-L-001642-22 11/22/2022 11:47:47 AM Pg 11 of 12 Trans ID: LCV20224028654 CERTIFICATION OF COUNSEL 1. Pursuant to Rule 4:5-1, the undersigned hereby certifies that at the time of filing of this pleading, the matter in controversy is not the subject of any other action pending in any Court and/or Arbitration proceeding. 2. I certify that the within pleading was filed within the time prescribed by the New Jersey Court Rules and the Consent Order Vacating Default, and 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. AHMUTY DEMERS & MCMANUS, ESQS. /s/ Michael C. Salvo By: ________________________________ MICHAEL C. SALVO, ESQ. Dated: November 22, 2022 MON-L-001642-22 11/22/2022 11:47:47 AM Pg 12 of 12 Trans ID: LCV20224028654 CERTIFICATE OF MAILING I, MICHAEL C. SALVO, ESQ., certify that on the 22nd day of November, 2022, I forwarded a copy of the within ANSWER TO COMPLAINT ON BEHALF OF TRADER JOE’S EAST, INC. (i/s/h/a TRADER JOE’S COMPANY) and CHELTON HOUSE HOLDINGS, SEPARATE DEFENSES, REQUEST FOR DOCUMENTS, REQUEST FOR WRITTEN STATEMENT OF DAMAGES CLAIMED, DESIGNATION OF TRIAL COUNSEL and JURY DEMAND to the following attorneys for the respective parties hereto, via E-Filing: James D. Martin, Esq. MARTIN KANE & KUPER 180 Tices Lane Building B Suite 200 East Brunswick, NJ 08850 Attorney for Plaintiff I certify that the foregoing statements made by me are true. I am aware that if any of the statements made by me are willfully false, I am subject to punishment. /s/ Michael C. Salvo ________________________________ MICHAEL C. SALVO, ESQ. Dated: November 22, 2022 MON-L-001642-22 MON-L-001642-22 MON-L-001642-22 11/22/2022 11/02/2022 11/01/2022 11:47:47 2:52:45Pg AM PM1 ofPg 1 11Trans Pg of11 Trans of ID: LCV20223836664 Trans ID:LCV20223826133 ID: LCV20224028654 November 2nd ________________________ Hon. Andrea I. Marshall, MON-L-001642-22 11/22/2022 MON-L-001642-22 11/22/202211:47:47 11:47:34AM AM Pg 1 of 1 Trans TransID: ID:LCV20224028654 LCV20224028654 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-001642-22 Case Caption: LOGG ALEXANDRA VS TRADER JOE'S Case Type: PERSONAL INJURY COMPANY Document Type: Answer W/Jury Demand Case Initiation Date: 06/15/2022 Jury Demand: YES - 12 JURORS Attorney Name: MICHAEL C SALVO Is this a professional malpractice case? NO Firm Name: AHMUTY DEMERS & MC MANUS Related cases pending: NO Address: 65 MADISON AVENUE SUITE 400 If yes, list docket numbers: MORRISTOWN NJ 079600000 Do you anticipate adding any parties (arising out of same Phone: 9739847300 transaction or occurrence)? NO Name of Party: DEFENDANT : TRADER JOE'S COMPANY Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): Sedgwick Are sexual abuse claims alleged by: ALEXANDRA LOGG? 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) 11/22/2022 /s/ MICHAEL C SALVO Dated Signed