Answer: RUIZ-V-SAN ANTONIO Print

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 1   KJAR McKENNA                 STOCKALPER LLP                                            COUNTY OF SAN BERNARDiNO
                                                                                             SAN BERNAR      NO DtSTRICT
     ROBERT L McKENNA III SBN 166650
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     ALESSA R JONAS              SBN 299161                                                         AY       9 2019
     7711 Center Avenue Suite 670
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     Huntington Beach CA 92647
 4   Telephone No        657     237 7533       Facsimile No        657          7534BY
                                                                                                  MELISSA WHITE DEPUTY
     Attorneys for Defendant STEVEN ERNST M D
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 8                          SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                  COUNTY OF SAN BERNARDINO                            SAN BERNARDINO DISTRICT

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11   ALEXANDER RUIZ                                                 CASE NO           CIVDS 1907976


12                                  Plaintiff                       ANSWER TO COMPLAINT

13             vs

                                                                    ASSIGNED FOR ALL PURPOSES TO

14                                                                      UDGE   WILFRED J     SCHNEIDER JR
     SAN   ANTONIO          REGIONAL             HOSPITAL
                                                                    DEPARTMENT         S32
     LOMA          LINDA    LTNIVERSITY           MEDICAL
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     CENTER         STEVEN ERNST                M D   NABIL         Complaint Filed          March 12 2019
                                                                    Trial Date               None Set
16   KOUDSI         MD     and    DOES      1   through   100

     Inclusive
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                                    Defendants
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                                                                    v
20             COMES NOW Defendant STEVEN ERI ST M D                               in answering Plaintiff s Complaint

21   on file herein      for himself alone       and for no other Defendant admits                  denies and alleges as

22   follows


23             1      Under the provisions of Section 431 30 of the California Code of Civil Procedure

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     this answering Defendant denies both generally and specifically each and every allegation in said
25   complaint and the whole thereof including each and every purported cause of action contained
26   therein and denies that Plaintiff has been damaged in the sum or sums alleged or in any other

27   sum or sums     or at all



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                                                                1
                                                  ANSWER TO COMPLAINT
 1          2       Further answering Plaintiffs Complaint on file herein and the whole thereof

 2   including each and every purported cause of action contained therein this answering Defendant
 3   denies that Plaintiff sustained any injury damage or loss if any by reason of any act or omission
 4   on the part of this answering Defendant or any agent servant or employee of this answering

 5   Defendant


 6               AS AND FOR A FIRST SEPARATE DISTINCT AND AFFIRMATIVE

 7                     DEFENSE THIS ANSWERING DEFENDANT ALLEGES


 8          3       That any injury loss or damage purportedly sustained if at all by Plaintiff was
 9   directly and proximately caused by the negligence of the Plaintiff and any damages awarded to
10   Plaintiff shall be reduced in proportion to the amount of negligence attributable to the Plaintiff

11              AS AND FOR A SECOND SEPARATE DISTINCT AND AFFIRMATIVE

12                     DEFENSE THIS ANSWERING DEFENDANT ALLEGES


13          4       That the liability of the persons ultimately determined to be responsible for
14   Plaintiff s injuries and losses if any including the Plaintiff shall be compared and the damages
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     if any awarded to Plaintiff shall be apportioned accordingly
16               AS AND FOR A THIRD SEPARATE DISTINCT AND AFFIRMATIVE

17                     DEFENSE THIS ANSWERING DEFENDANT ALLEGES

18          5       That all care treatment and procedures rendered to and performed upon Plaintiff

19   was with the express and implied consent of said Plaintiff

20              AS AND FOR A FOURTH SEPARATE DISTINCT AND AFFIRMATIVE

21                     DEFENSE THIS ANSWERING DEFENDANT ALLEGES

22          6       That any injury loss or damage purportedly sustained if at all by Plaintiff was
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     directly and proximately caused and contributed to by risks which were fully and actually known

24   to Plaintiff who fully and actually appreciated the nature and scope of the hazards created

25   thereby and said Plaintiff voluntarily assumed said risks and the potential consequences thereof

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                                          ANSWER TO CONII LAINT