Jury Demand: Holmes Karen Vs Ahmed Shihab

On June 08, 2020 a Jury Demand was filed involving a dispute between Karen Holmes, and John Doe, Mohammed Ahmed, Shihab Ahmed, for Auto Negligence-Personal Injury (Verbal Threshold) in the District Court of Camden County.

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CAM-L-001949-20 07/30/2020 3:29:18 PM Pg 1 of 7 Trans ID: LCV20201322667

Firm Code: H21
File No.: 181376222
Cooper Maren Nitsberg Voss & DeCoursey
Christine Mercado-Spies, Esq.
Bar #: 013702006
485 Route 1 South, Building A, Suite 200
Iselin, NJ 08830
Ph: 732-362-3400; Direct dial: (732) 734-3287
Fax: (866) 827-4716
Attorneys for Defendants, Mohammed F. Ahmed and Shihab Ahmed
SUPERIOR COURT OF NEW JERSEY
KAREN D. HOLMES, LAW DIVISION
CAMDEN COUNTY
Plaintiff,
DOCKET NO.: CAM-L-1949-20
v.
CIVIL ACTION
SHIHAB AHMED, MOHAMMED F. AHMED, et
al., ANSWER, AFFIRMATIVE DEFENSES,
DESIGNATION OF TRIAL COUNSEL,
Defendants. REQUEST FOR STATEMENT OF DAMAGES,
DEMAND FOR ANSWERS TO FORM AND
SUPPLEMENTAL INTERROGATORIES AND
JURY DEMAND

Defendants, Mohammed F. Ahmed and Shihab Ahmed, by way of answer to the

Complaint of Plaintiff, Karen Holmes, say:

FIRST COUNT

1. Neither admitted nor denied, and plaintiff is left to his proofs.

2. Neither admitted nor denied, and plaintiff is left to his proofs.

3. Denied.

4. Denied.

5. Denied.

WHEREFORE, Defendants demand dismissal of the Complaint, together with costs of suit

and attorneys’ fees.

SECOND COUNT

1. The defendant incorporates by reference the responses made to the to the preceding

Count.
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2. Denied.

3. Denied.

4. Denied.

WHEREFORE, Defendants demand dismissal of the Complaint, together with costs of suit

and attorneys’ fees.

THIRD COUNT

1. The defendant incorporates by reference the responses made to the to the preceding

Count.

2. To the extent that the allegations of this paragraph are directed to the defendant,

same are denied.

WHEREFORE, Defendants demand dismissal of the Complaint, together with costs of suit

and attorneys’ fees.

FOURTH COUNT

1. The defendant incorporates by reference the responses made to the to the preceding

Count.

WHEREFORE, Defendants demand dismissal of the Complaint, together with costs of suit

and attorneys’ fees.

AFFIRMATIVE DEFENSES

1. The Defendants violated no duty owing to the Plaintiff and were not negligent.

2. Any and all injuries or damages alleged to have been suffered by the Plaintiff was caused

solely by the negligence of the Plaintiff.

3. Any and all injuries or damages alleged to have been suffered by the Plaintiff was the result

of the contributory/comparative negligence of the Plaintiff, and should be reduced

accordingly.
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4. The claims asserted are barred or otherwise diminished by the negligence of the Plaintiff

pursuant to the provisions of the New Jersey Comparative Negligence Act.

5. The Complaint fails to state a claim upon which relief can be granted against the

Defendants pursuant to the provisions of the New Jersey Automobile Reparation Reform

Act.

6. Any and all injuries or damages alleged to have been suffered by the Plaintiff was solely

by the negligence of independent third parties over whom the Defendants exercised no

control, and are not otherwise vicariously liable.

7. Defendants were confronted by a sudden emergency and/or unavoidable accident, and

acted reasonably under the circumstances.

8. This action is barred by the applicable statute of limitations.

9. Plaintiff has failed to set forth a cause of action upon which relief can be granted.

10. Plaintiff has failed to meet the verbal threshold as set forth in N.J.S.A. 39:6A-8.

11. Plaintiff has failed to mitigate damages.

12. Plaintiff's failure to wear a seatbelt is the proximate cause of Plaintiff's alleged injuries.

13. The Court lacks jurisdiction over this Defendant.

14. The Court lacks jurisdiction over the subject matter of this action.

15. Plaintiff failed to issue the summons within ten (10) days after the filing of the Complaint

as set forth in R. 4:4-1 and accordingly, the Complaint should be dismissed.

16. Venue in this jurisdiction is improper.

17. Plaintiff’s action is barred by the entire controversy doctrine.

18. Plaintiff’s action is barred by the doctrine of res judicata.

19. Plaintiff’s action is barred by the doctrines of collateral and equitable estoppel.

20. Plaintiff’s Complaint is barred by the doctrine of accord and satisfaction.

21. Plaintiff’s Complaint is barred by prior Settlement and Release.
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22. Plaintiff’s Complaint should be dismissed for failure to name a necessary party.

23. Plaintiff has failed to properly effect service upon this Defendant.

CERTIFICATION PURSUANT TO RULE 4:6-1(d)

WE HEREBY CERTIFY that the within pleading was served within the period of time

allowed under the Rules of this Court.

REQUEST FOR STATEMENT OF AMOUNT OF DAMAGES CLAIMED

Pursuant to Rule 4:5-2, you are hereby requested to submit to the undersigned, within 5

days after service hereof upon you, a statement of the amount of the damages claimed by you in

each Count of the Complaint, in the captioned matter.

DEMAND FOR ANSWERS TO INTERROGATORIES

PLEASE TAKE NOTICE that the Defendants demands answers to Form “A”

Interrogatories, together with answers to Supplemental Interrogatories, from the Plaintiff

under oath within the time prescribed by the Rules of this Court.

DEMAND FOR HIPAA AUTHORIZATIONS

PLEASE TAKE NOTICE that the Defendants demands signed HIPAA

authorizations for all treating providers pursuant to Rule 4:17-4(f).

JURY DEMAND

Defendants hereby demand a trial by jury of six persons as to all issues.

DESIGNATION OF TRIAL COUNSEL

Pursuant to the provisions of Rule 4:25-4, notice is hereby given that Christine Mercado-

Spies, Esquire is counsel designated to try the captioned case on behalf of Defendants, Mohammed

F. Ahmed and Shihab Ahmed.

CERTIFICATION

The undersigned hereby certifies as follows:
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1. That to the best of my knowledge and belief this matter in controversy is not the

subject of any of other action pending in any Court or of a pending Arbitration proceeding, nor is

any such proceeding contemplated at this time by the answering Defendants, Mohammed F.

Ahmed and Shihab Ahmed.

2. That to the best of my knowledge and belief there are no other parties who may be

joined in this action.

COOPER MAREN NITSBERG VOSS & DECOURSEY
Attorneys for Defendants, Mohammed F. Ahmed and
Shihab Ahmed

Dated: July 30, 2020
__________________________________________
Christine Mercado-Spies, Esq.
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Appendix XII-B1
CIVIL CASE INFORMATION STATEMENT FOR USE BY CLERK'S OFFICE ONLY
(CIS)
Use for initial Law Division PAYMENT TYPE: CK CG CA

Civil Part Pleadings (not motions) under Rule 4:5–1. CHG/CK NO.
Pleading will be rejected for filing, under Rule 1:5-6(c), AMOUNT:
if information above the black bar is not completed OVERPAYMENT:
or if attorney's signature is not affixed. BATCH NUMBER:
ATTORNEY/PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE
Christine Mercado-Spies, Esq. 732-362-3400 CAMDEN

FIRM NAME (If applicable) DOCKET NUMBER (When available)
Cooper Maren Nitsberg Voss & DeCoursey CAM-L-1949-20

OFFICE ADDRESS DOCUMENT TYPE
485 Route 1 South, Building A, Suite 200 ANSWER
Iselin, NJ 08830
JURY DEMAND YES  NO

NAME OF PARTY (e.g., John Doe, Plaintiff) CAPTION
Mohammed F. Ahmed and Shihab Ahmed, Defendants Karen D. Holmes vs. Shihab Ahmed; Mohammed F. Ahmed; et al

CASE TYPE NUMBER HURRICANE SANDY
(See reverse side for listing) IS THIS A PROFESSIONAL MALPRACTICE CASE?  YES NO
RELATED?
603Y
IF YOU HAVE CHECKED "YES," SEE N.J.S.A.2A:53A-27 AND APPLICABLE CASE LAW
 YES NO REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT.
RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS
 YES NO

DO YOU ANTICIPATE ADDING NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY, IF KNOWN
ANY PARTIES (arising out of Progressive Insurance Company  NONE
 UNKNOWN
same transaction or occurrence)?  YES 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 IF YES, IS THAT RELATIONSHIP
RECURRENT RELATIONSHIP?  EMPLOYER-EMPLOYEE  FRIEND/NEIGHBOR  OTHER (explain)
YES NO  FAMILIAL  BUSINESS

DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY?  YES NO
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED
DISPOSITION:
N/A

DO YOU OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION:

 YES NO

WILL AN INTERPRETER BE NEEDED? IF YES, FOR WHAT LANGUAGE?

 YES 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)

ATTORNEY SIGNATURE
Effective 06/05/2017, CN 10517-English Page 1 - 2
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Side 2
CIVIL CASE INFORMATION STATEMENT
(CIS)
Use for initial pleadings (not motions) under Rule 4:5-1
CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.)
Track I -- 150 days' discovery
151 NAME CHANGE
175 FORFEITURE
302 TENANCY
399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
502 BOOK ACCOUNT (debt collection matters only)
505 OTHER INSURANCE CLAIM (INCLUDING DECLARATORY JUDGMENT ACTIONS)
506 PIP COVERAGE
510 UM or UIM COVERAGE (coverage issues only)
511 ACTION ON NEGOTIABLE INSTRUMENT
512 LEMON LAW
801 SUMMARY ACTION
802 OPEN PUBLIC RECORDS ACT (SUMMARY ACTION)
999 OTHER (Briefly describe nature of action)
Track II -- 300 days' discovery
305 CONSTRUCTION
509 EMPLOYMENT (other than CEPA or LAD)
599 CONTRACT/COMMERCIAL TRANSACTION
603N AUTO NEGLIGENCE - PERSONAL INJURY (non-verbal threshold)
603Y AUTO NEGLIGENCE - PERSONAL INJURY (verbal threshold)
605 PERSONAL INJURY
610 AUTO NEGLIGENCE - PROPERTY DAMAGE
621 UM or UIM CLAIM (includes bodily injury)
699 TORT – OTHER
Track III -- 450 days' discovery
005 CIVIL RIGHTS
301 CONDEMNATION
602 ASSAULT AND BATTERY
604 MEDICAL MALPRACTICE
606 PRODUCT LIABILITY
607 PROFESSIONAL MALPRACTICE
608 TOXIC TORT
609 DEFAMATION
616 WHISTLEBLOWER/CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES
617 INVERSE CONDEMNATION
618 LAW AGAINST DISCRIMINATION (LAD) CASES
Track IV -- Active Case Management by Individual Judge / 450 days' discovery
156 ENVIRONMENTAL/ENVIRONMENTAL COVERAGE LITIGATION
303 MT. LAUREL
508 COMPLEX COMMERCIAL
513 COMPLEX CONSTRUCTION
514 INSURANCE FRAUD
620 FALSE CLAIMS ACT
701 ACTIONS IN LIEU OF PREROGATIVE WRIT
Multicounty Litigation (Track IV)
271 ACCUTANE/ISOTRETINOIN 289 REGLAN
274 RISPERDAL/SEROQUEL/ZYPREXA 290 POMPTON LAKES ENVIRONMENTAL LITIGATION
278 ZOMETA/AREDIA 291 PELVIC MESH/GYNECARE
279 GADOLINIUM 292 PELVIC MESH/BARD
281 BRISTOL-MYER SQUIBB ENVIRONMENTAL 293 DEPUY ASR HIP IMPLANT LITIGATION
282 FOSAMAX 295 ALLODERM REGENERATIVE TISSUE MATRIX
285 STRYKER TRIDENT HIP IMPLANTS 296 STRYKER REJUVENATE/ABG II MODULAR HIP STEM COMPONENTS
286 LEVAQUIN 297 MIRENA CONTRACEPTIVE DEVICE
287 YAZ/YASMIN/OCELLA 601 ASBESTOS
288 PRUDENTIAL TORT LITIGATION 623 PROPECIA
299 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR
300 TALC BASED BODY POWDERS
624 STRYKER LFIT CoCr V40 FEMORAL HEADS
If you believe this case requires a track other than that provided above, please indicate the reason on Side 1, in the space under "Case
Characteristics."

Please check of each applicable category:  Putative Class Action:  Title 59
Effective 06/05/2017, CN 10517-English Page 2-2
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4 Pages SCANNED Wed, 15 Jul 2020 18:45:29 GMT
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Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-001949-20

Case Caption: HOLMES KAREN VS AHMED SHIHAB Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL
Case Initiation Date: 06/08/2020 THRESHOLD)
Attorney Name: CHRISTINE MARIE MERCADO-SPIES Document Type: Answer
Firm Name: COOPER MAREN NITSBERG VOSS A Jury Demand: YES - 6 JURORS
DECOURS Is this a professional malpractice case? NO
Address: 485 ROUTE 1 SOUTH BLDG A STE 200 Related cases pending: NO
ISELIN NJ 08830 If yes, list docket numbers:
Phone: 7323623400 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : AHMED, MOHAMMED transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company
(if known): Progressive Garden State Insurance Company Are sexual abuse claims alleged by: KAREN HOLMES? 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)

07/30/2020 /s/ CHRISTINE MARIE MERCADO-SPIES
Dated Signed

Case Info

Judge

Steven J Polansky Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

July 30, 2020

Case Filing Date

June 08, 2020

County

Parties

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