Jury Demand: Degerolamo Pri Donna Vs Lowe'S Home Centers Llc

On January 23, 2023 a Jury Demand was filed involving a dispute between Donna Degerolamo Pri, and 0 Abc Corporations 1-1, Garden Commercial Properties, Joe Lloyd, John Does 1-10, Lowe'S Home Centersllc, Raritan Town Square, for Personal Injury in the District Court of Middlesex County.

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MID-L-000388-23 02/27/2023 8:57:54 AM Pglof9 Trans ID: LCV2023709827

John M. Sapata, Esq.
Attorney ID: 02485-2000
TANGO, DICKINSON, LORENZO,
McDERMOTT & McGEE, LLP
75 Main Street
P.O. Box 192
Millburn, New Jersey 07041
(973) 467-8080
Attorneys for Defendant: Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden
Commercial Properties
Our File No.: 90026 JMS
DONNA DEGEROLAMO PRIMIANI
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO: MID-L-0388-23

VS. Civil Action

LOWE’S HOMES CENTER LLC, JOE LLOYD,
RARITAN TOWN SQUARE, GARDEN DEFENDANT’S ANSWER DEMANDS &
COMMERCIAL PROPERTIES, ET AL CROSS-CLAIM

Defendants,

Defendants, Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden

Commercial Properties, by way of answer to plaintiff's Complaint herein says:

COUNT ONE

I Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 1.

2. Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 2.

3 Defendant denies the allegations of Paragraph 3 as to this Defendant.

4 Defendant denies the allegations of Paragraph 4 as to this Defendant.

5 Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 5.
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6 Defendant denies the allegations of Paragraph 6 as to this Defendant.

COUNT TWO

1 Defendant repeats and incorporates all of the preceding paragraphs and

allegations of this Complaint as if set forth in the Court.

2 Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 2.

3 Defendant denies the allegations of Paragraph 3 as to this Defendant.

4 Defendant denies the allegations of Paragraph 4 as to this Defendant.

COUNT THREE

1 Defendant repeats and incorporates all of the preceding paragraphs and

allegations of this Complaint as if set forth in the Court.

2 Defendant denies the allegations of Paragraph 2 as to this Defendant.

3 Defendant denies the allegations of Paragraph 3 as to this Defendant.

Defendant denies the allegations of Paragraph 4 as to this Defendant.

COUNT FOUR

1 Defendant repeats and incorporates all of the preceding paragraphs and

allegations of this Complaint as if set forth in the Court.

2. Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 2.

3 Defendant denies the allegations of Paragraph 3 as to this Defendant.

4 Defendant denies the allegations of Paragraph 4 as to this Defendant.
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COUNT FIVE

1 Defendant repeats and incorporates all of the preceding paragraphs and

allegations of this Complaint as if set forth in the Court.

2. Defendant denies the allegations of Paragraph 2 as to this Defendant.

COUNT SIX

1 Defendant repeats and incorporates all of the preceding paragraphs and

allegations of this Complaint as if set forth in the Court.

2. Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 2.

3 Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 3.

4 Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 4.

5 Defendant denies knowledge or information sufficient to form a belief as to the

allegations contained in Paragraph 5.

6 Defendant furnishes no answer to the allegations contained in Paragraph 6 insofar

as such allegations are not directed to this defendant.

7 Defendant furnishes no answer to the allegations contained in Paragraph 7 insofar

as such allegations are not directed to this defendant.

8 Defendant furnishes no answer to the allegations contained in Paragraph 8 insofar

as such allegations are not directed to this defendant.

9 Defendant furnishes no answer to the allegations contained in Paragraph 9 insofar

as such allegations are not directed to this defendant.
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10. Defendant furnishes no answer to the allegations contained in Paragraph 10

insofar as such allegations are not directed to this defendant.

Ii. Defendant furnishes no answer to the allegations contained in Paragraph 11

insofar as such allegations are not directed to this defendant.

SEPARATE DEFENSES

1 Defendant violated no duty owed to Plaintiff.

2 Defendant was guilty of no act of omission or commission as alleged by the

Plaintiff.

3 Defendant contends that the negligence, contributory negligence and/or

comparative negligence of the Plaintiff bars or limits the action of the Plaintiff against this

defendant, pursuant to N.J.S.A 2A:15-5.1 et seq.

4 The incident was caused by the acts of third parties over whom this defendant had

no control.

5 The Complaint should be dismissed due to insufficiency of process.

6 The Complaint should be dismissed due to insufficiency of service of process.

7 The Complaint should be dismissed due to lack of jurisdiction over the person.

8 The Complaint should be dismissed due to lack of jurisdiction over the subject

matter.

9 This action is time barred under the applicable Statute(s) of Limitations.

10. The Complaint fails to state a claim upon which relief can be granted.

Ui. The Complaint should be dismissed due to the failure to join a party without

whom the action cannot proceed as provided by Court Rule 4:28-1.

12. The Complaint should be dismissed under the Doctrine of Waiver
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13 The Complaint should be dismissed under the Doctrine of Estoppel.

14 Plaintiff failed to mitigate his/her damages.

15 The Complaint should be dismissed under the Doctrine of Laches.

16 The Complaint should be dismissed under the Doctrine of Re Judicata.

17 The Complaint is barred by the Doctrine of Collateral Estoppel.

18. This action is barred under the “exclusive remedy” provisions of the Worker’s

Compensation law N.J.S.A. 34:15-1 et seq.

19. This Defendant asserts credit for all collateral sources plaintiff has or shall receive

benefits pursuant to N.J.S.A 24:15-96-97,

20. This Defendant asserts all relevant statutory defenses and immunities afforded

pursuant to the laws of the State of New Jersey.

21. The Complaint should be dismissed under the Entire Controversy Doctrine.

22. This action should be dismissed under the applicable Statute(s) of Frauds.

23. This action constitutes Frivolous Litigation.

24, The Complaint should be dismissed based upon a limitation of liability provision

in the lease agreement and/or contract, Master Deed and/or By-Laws.

25, The Complaint should be dismissed based upon a waiver of subrogation in the

Contract and/or Insurance Policy.

26. Plaintiff has failed to meet the verbal threshold requirements of N.J.S.A. 39-6A-

8(a).

27. The Complaint should be dismissed pursuant to the limitation of liability

provision and/or tort immunity clause that was adopted pursuant to N.J.S.A. 2A:62A-12-14 and
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is contained in the By-Laws, Master Deed and/or governing documents of the common interest

community which has been filed and established pursuant to N.J.S.A. 46:8B-1 et. seq.

ANSWER TO CROSSCLAIMS

Defendants deny the allegations of any and all crossclaims and counterclaims filed or to

be filed by any party to this action.

ANSWER TO COUNTERCLAIMS

Defendants deny the allegations of any and all counterclaims filed or to be filed by any

party to this action.

REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5(c)

If any co-defendant settled prior to trial, this defendant will seek allocation of the

percentage of negligence by the fact finder against the settling defendant. An allocation will be

sought regardless of whether a cross claim was filed against the settling defendant. This

defendant will rely upon the evidence presented at the time of trial in support of this allocation.

CROSS CLAIMS

These Defendants, Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden

Commercial Properties, says:

FIRST COUNT

1 Plaintiff has instituted suit against Defendants pursuant to a Complaint, a copy of

which is attached hereto.

2 At all times material hereto, there existed a contract between Raritan Town

Square, Inc. (i/p/a Raritan Town Square) and Garden Commercial Properties and Lowe’s Home

Centers, LLC, Joe Lloyd, under the terms and provisions of which defendants Lowe’s Home

Centers, LLC, Joe Lloyd, agreed to maintain the premises in question and provide liability
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insurance covering Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden

Commercial Properties.

3 As part of the aforesaid contract, Lowe’s Home Centers, LLC, Joe Lloyd,agreed to

indemnify and save harmless Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden

Commercial Properties, against any and all expenses arising out of their operations.

4 While denying liability to the Plaintiffs for the accident, damages and injuries

alleged, if judgment is rendered by Plaintiff against Raritan Town Square, Inc. (i/p/a Raritan

Town Square) and Garden Commercial Properties it is hereby asserted that the accident,

damages and injuries alleged resulted from the breach of said contract and that Raritan Town

Square, Inc. (i/p/a Raritan Town Square) and Garden Commercial Properties are entitled to be

indemnified for the loss which they may suffer therefrom.

WHEREFORE, Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden

Commercial Properties demands such damages from Lowe’s Home Centers, LLC, Joe Lloyd, as

may be assessed in favor of plaintiff and against them to the end that they shall be indemnified in

accordance with the intent of the agreement between the parties.

SECOND COUNT

1 While denying liability to the plaintiff for the accident, damages and injuries

alleged, if judgment is recovered by the Plaintiff against Raritan Town Square, Inc. (i/p/a Raritan

Town Square) and Garden Commercial Properties it is hereby asserted that its negligence was

not morally culpable, but was merely constructive, technical, imputed or vicarious and that

plaintiff's accident, damages and injuries arose through the direct and primary negligence of

Defendant, Lowe’s Home Centers, LLC, Joe Lloyd.

WHEREFORE, Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden
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Commercial Properties, for all such sums as may be found due against them in favor of the

plaintiff, together with costs of suit and attorney fees.

THIRD COUNT

1 Raritan Town Square, Inc. (i/p/a Raritan Town Square) and Garden Commercial

Properties demand contribution from Lowe’s Home Centers, LLC, Joe Lloyd pursuant to the

Joint Tortfeasors Contribution Act and N.JS. 2A:53A, Rule 4:7-5(b).

DEMAND FOR STATEMENT OF DAMAGES

Defendant demands a written statement of the amount of damages claims by Plaintiff,

pursuant to Rule 4:5-2.

DESIGNAGTION OF TRIAL COUNSEL

Pursuant to Rule 4:5-1 (c), John M. Sapata, Esq. is hereby designated as trial counsel

relative to the matter.

DEMAND FOR ANSWERS TO INTERROGATORIES

Demand is hereby made of any answering defendant for certified answers to Form C and

Form C (2) Interrogatories in accordance with the Rule of the State of New Jersey.

JURY DEMAND

Defendant demands a trial by jury on all issues.

Tango Dickinson Lorenzo
McDermott & McGee, L.

‘ohn M. Sagi Esq.

Dated: a /a3/2>
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CERTIFICATION

1, JOHN M. SAPATA, certify that this answering pleading was served within the time

allowed under Rule 4:6-1(d). This matter to my knowledge does not involve any other

controversy, action or arbitration and there is no action, controversy or arbitration contemplated

known herein.

Tango Dickinson Lorenzo
McDermott & McGee, LLP

Dated: ae 3 fas in M. Sapaj Esq

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John M. Sapata, Esq.
Attorney ID: 02485-2000
TANGO, DICKINSON, LORENZO,
McDERMOTT & McGEE, LLP
75 Main Street
P.O. Box 192
Millburn, New Jersey 07041
(973) 467-8080
Attorneys for Defendant: Raritan Town Square, Inc. and Garden Commercial Properties
Our File No.: 90026 JMS
DONNA DEGEROLAMO PRIMIANI
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO: MID-L-0388-23

vs. Civil Action

LOWE’S HOMES CENTER LLC, JOE LLOYD,
RARITAN TOWN SQUARE, GARDEN CONSENT ORDER VACATING DEFAULT
COMMERCIAL PROPERTIES, ET AL AND EXTENDING TIME TO ANSWER

Defendants.

THIS MATTER having come before the Court on the application of Tango, Dickinson,

Lorenzo, McDermott & McGee, LLP, attorneys for defendants, Raritan Town Square, Inc. (i/p/a

Raritan Town Square) and Garden Commercial Properties, and it appearing to the Court, that the

plaintiff's attorney has affixed his consent hereto and consents to the form hereof;

IT IS on this day of » 2023;

ORDERED that the defendants Raritan Town Square, Inc. (i/p/a Raritan Town Square) and

Garden Commercial Properties, are hereby permitted to file and serve an Answer out of time within

days from the date of the signing of this Order; and it is further
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ORDERED that any default which may have been entered against said defendants in the

above-entitled action is hereby vacated; and it is further

ORDERED that a copy of this Order shall be served upon all counsel of record within

days from the date hereof.

JS.C.

Consent is hereby given to the making
and entry of the within Order,

By: Mn | ——
MICHAEL B. FUSCO
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Civil Case Information Statement

Case Details: MIDDLESEX | Civil Part Docket# L-000388-23

Case Caption: DEGEROLAMO PRI DONNA VS LOWE'S: Case Type: PERSONAL INJURY
HOME CENTERS LLC Document Type: Answer W/CrossClaim W/Jury Demand
Case Initiation Date: 01/23/2023 Jury Demand: YES - 6 JURORS
Attorney Name: JOAO MATOS SAPATA Is this a professional malpractice case? NO
Firm Name: TANGO, DICKINSON, LORENZO, Related cases pending: NO
MCDERMOTT & MCGEE LLP If yes, list docket numbers:
Address: 75 MAIN ST PO BOX 192 Do you anticipate adding any parties (arising out of same
MILLBURN NJ 07041 transaction or occurrence)? NO
Phone: 9734678080 Does this case involve claims related to COVID-19? NO
Name of Party: DEFENDANT : RARITAN TOWN SQUARE
Name of Defendant's Primary Insurance Company Are sexual abuse claims alleged by: DONNA
NO
DEGEROLAMO PRI?

(if known): GREATER NEW YORK MUTUAL INS CO

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

| 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)

02/27/2023 /s/ JOAO MATOS SAPATA
Dated Signed
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Case Info

Judge

Christoph Rafano Track Judge’s New Case

Case No.

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Document Filed Date

February 27, 2023

Case Filing Date

January 23, 2023

County

Parties

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