Preview
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 1 of 14 Trans ID: LCV20233500793
40794.00453-PAL
LEGAL/156297623.v1
MARSHALL DENNEHEY
BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987
15000 Midlantic Drive ◙ Suite 200
P.O. Box 5429
Mt. Laurel, NJ 08054
856-414-6000 856-414-6077
palentini@mdwcg.com
Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC
STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY
SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART
Guardians of S.S., a Minor, CAMDEN COUNTY
Plaintiffs, DOCKET NO.: CAM-L-2480-23
vs. CIVIL ACTION
HUTCHINSON PLUMBING HEATING ANSWER OF DEFENDANT
COOLING LLC; PETITTE’S PLUMBING & HUTCHINSON PLUMBING HEATING
HEATING INC.; CLEARVIEW EQUITIES COOLING LLC TO PLAINTIFFS’
LLC; and ABC CORPORATIONS (1-10) & COMPLAINT WITH AFFIRMATIVE
JOHN/JANE DOES (1-10), DEFENSES, CROSSCLAIMS,
DESIGNATION OF TRIAL COUNSEL
Defendants. AND JURY TRIAL DEMAND
Defendant Hutchinson Plumbing Heating Cooling LLC, by and through its attorneys,
Marshall Dennehey, answer plaintiffs’ Complaint as follows:
COMPLAINT – CIVIL ACTION
1. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
2. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
Business Activities of Defendants
3. Admitted.
4. Admitted.
1
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 2 of 14 Trans ID: LCV20233500793
5. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
6. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
7. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
8. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
9. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
10. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
11. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
Responsibilities of Defendant Hutchinson
12. Admitted.
13. Admitted.
14. Denied.
15. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law. Hutchinson would not know how a homeowner “regularly used” its
water heater, etc.
2
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 3 of 14 Trans ID: LCV20233500793
16. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
17. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
18. Denied.
19. Denied. This paragraph contains conclusions of law to which no response is
required. To the extent that a response is required, Hutchinson denies the allegations in this
paragraph as misstatements of the law.
20. Denied as stated. This paragraph contains a conclusion of law to which no response
is required.
21. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
22. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
23. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
3
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 4 of 14 Trans ID: LCV20233500793
24. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
25. Denied.
26. Denied.
27. Denied.
28. Denied.
29. Denied.
30. Denied.
31. Denied.
Responsibilities of Clearview and Petitte
32. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
33. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
34. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
35. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
36. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
37. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
4
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 5 of 14 Trans ID: LCV20233500793
38. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
39. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
40. Denied as a conclusion of law to which no response is required.
41. Denied as a conclusion of law to which no response is required.
42. Denied as a conclusion of law to which no response is required.
43. Denied as a conclusion of law to which no response is required.
44. Denied as a conclusion of law to which no response is required.
45. Denied as a conclusion of law to which no response is required.
46. Denied as a conclusion of law to which no response is required.
47. Denied as a conclusion of law to which no response is required.
48. Denied as a conclusion of law to which no response is required.
49. Denied as a conclusion o f law to which no response is required.
50. Denied as a conclusion of law to which no response is required.
51. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
52. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
53. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
54. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
5
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 6 of 14 Trans ID: LCV20233500793
55. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
The Accident
56. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
57. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
58. Hutchinson denies all liability allegations in this paragraph and is without knowledge
or information sufficient to form a belief about the damage allegations, which are deemed
denied.
59. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
60. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
61. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
62. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
63. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
64. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
6
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 7 of 14 Trans ID: LCV20233500793
65. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
66. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
67. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
COUNT 1 Negligence Claim Against Petitte and Clearview
68. Hutchinson incorporates its previous answers.
69. Denied as a conclusion of law to which no response is required.
70. Denied as the referenced codes and regulations are not specified.
71. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
72. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
73. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
7
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 8 of 14 Trans ID: LCV20233500793
74. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
75. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
76. Denied. Hutchinson denies all liability allegations in this paragraph and is without
knowledge or information sufficient to form a belief about the truth of the damage allegations,
which are deemed denied.
WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC denies that it is
liable to any party in this action in any sum or sums whatsoever.
COUNT II Negligence Claim Against Hutchinson
77. Hutchinson incorporates its previous answers.
78. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
79. Denied. This paragraph contains conclusions of law to which no response is required.
80. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
81. Denied.
82. Denied.
83. Denied.
8
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 9 of 14 Trans ID: LCV20233500793
84. Denied.
85. Denied.
86. Denied.
COUNT 3 – Negligent Infliction Claim Against Hutchinson
WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC denies that it is
liable to any party in this action in any sum or sums whatsoever.
87. Hutchinson incorporates its previous responses.
88. Denied. This paragraph contains conclusions of law to which no response is required.
To the extent that a response is required, Hutchinson denies the allegations in this paragraph as
misstatements of the law.
89. Denied. This paragraph contains conclusions of law to which no response is required.
90. Denied as a conclusion of law to which no response is required.
91. Denied.
92. Denied.
93. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
94. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
95. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the truth of the allegations in this paragraph, which are deemed denied.
96. Denied. Hutchinson is without knowledge or information sufficient to form a belief
about the damage allegations, which are deemed denied.
97. Denied.
9
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 10 of 14 Trans ID: LCV20233500793
98. Denied.
99. Denied.
WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC deny that it is
liable to any party in this action in any sum or sums whatsoever.
COUNT 4 – Negligence Claim Against Petitte and Clearview
100. Hutchinson incorporates its previous answers.
101. Denied as a conclusion of law to which no response is required.
102. Denied as a conclusion of law to which no response is required.
103. Denied.
104. Denied.
105. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
106. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
107. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
108. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
109. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
110. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
10
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 11 of 14 Trans ID: LCV20233500793
111. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
112. Denied. Hutchinson is without knowledge or information sufficient to form a
belief about the truth of the allegations in this paragraph, which are deemed denied.
WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC deny that it is
liable to any party in this action in any sum or sums whatsoever.
AFFIRMATIVE DEFENSES
1. Plaintiffs’ complaint fails to state a claim upon which relief can be granted.
2. The damages alleged by Stephanie Smith were caused solely or in part by Stephanie
Smith’s own negligence, and her claims should be barred or reduced per the provisions of the
New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.2.
3. Plaintiffs’ injuries and damages, if any, were caused by intervening and/or
superseding causes thus relieving Hutchinson from any potential liability.
4. Hutchinson incorporates all affirmative defenses available under the New Jersey
Product Liability Act.
5. The water heater was safe for its reasonably foreseeable use when it left the
possession and control of Hutchinson.
6. If plaintiffs were injured or damaged as alleged, their injuries and damages were
caused by alteration or misuse of the water heater.
7. If plaintiffs were injured or damaged as alleged, their injuries and damages were
caused by an unforeseeable malfunction of the water heater after it left the possession of
Hutchinson.
11
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 12 of 14 Trans ID: LCV20233500793
WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC deny that it is
liable to any party in this action in any sum or sums whatsoever.
CROSSCLAIM FOR CONTRIBUTION
Liability being expressly denied, answering defendant avers that in the event they are
found liable they are entitled to contribution from co-defendants, pursuant to the terms and
provisions of the New Jersey Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1 et.seq. and the
New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq.
WHEREFORE, answering defendant demands judgment in its favor together with
interest and costs and such other and further relief as this Court deems just and proper.
CONTRACTUAL AND COMMON LAW CROSSCLAIMS FOR INDEMNIFICATION
Liability being expressly denied, answering defendant avers that in the event it is found
liable, it is entitled to indemnity from co-defendants, as the acts of co-defendants were the active
and primary cause of any injuries sustained by plaintiff and co-defendants are obligated to
defend and indemnify answering defendant.
WHEREFORE, answering defendant demands judgment in its favor together with
interest and costs and such other and further relief as this Court deems just and proper.
ANSWERS TO CROSSCLAIMS
Answering defendant denies the cross-claims filed against it or to be filed against it in
this action.
REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5(C)
If any defendant(s) settle(s) prior to verdict, this/these defendant(s) will seek an
allocation by the fact finder of the percentage of negligence against the settling defendant(s).
12
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 13 of 14 Trans ID: LCV20233500793
This defendant will seek this allocation, whether or not this/these defendant(s) have formally
filed a Crossclaim against the settling defendant(s). This defendant will rely upon the direct
examination and cross examination of plaintiff's expert witness, and any and all other witness at
the time of trial in support of this allocation and specifically reserve the right to call any and all
such witnesses. All parties are being apprised of this pursuant to New Jersey Court Rule 4:7-5(c)
and Young v. Latta, 123 N.J. 584 (1991).
DEMAND FOR STATEMENT OF DAMAGES CLAIMED
Demand is hereby made pursuant to R.4:5-2 of the New Jersey Civil Practice Rules for a
written statement of damages claimed in this action within five (5) days from the date of service
hereof.
DEMAND FOR DISCOVERY
Answering defendant hereby demands certified answers to Form A Uniform
Interrogatories from Plaintiff. Answering defendant hereby demands co-defendants responses to
Interrogatories Form C and C(1).
DESIGNATION OF TRIAL COUNSEL
Peter A. Lentini, Esquire, of the firm Marshall Dennehey is hereby designated as trial
counsel on behalf of answering defendant herein pursuant to R.4:25-4.
DEMAND FOR JURY TRIAL
Answering defendant demands a trial by jury on all issues.
CERTIFICATION
I certify that the matter in controversy is not the subject of any other action pending in
any court or of any pending Arbitration proceeding, and I know of no other parties to be joined at
this time.
13
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 14 of 14 Trans ID: LCV20233500793
The undersigned hereby certifies that the within pleading was filed within the time
prescribed by Rule 4:6, or any period of time extended by agreement and/or court order.
MARSHALL DENNEHEY
By: _____________________________
PETER A. LENTINI, ESQUIRE
DATED: November 30, 2023
14
CAM-L-002480-23 11/30/2023
CAM-L-002480-23 11/30/202310:51:52
10:51:31AM
AM Pg 1 of 2 Trans
TransID:
ID:LCV20233500793
LCV20233500793
Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-002480-23
Case Caption: SMITH STEPHANIE VS HUTCHINSON Case Type: PERSONAL INJURY
PLUMBING HEATING Document Type: Answer W/CrossClaim W/Jury Demand
Case Initiation Date: 08/29/2023 Jury Demand: YES - 12 JURORS
Attorney Name: PETER A LENTINI Is this a professional malpractice case? NO
Firm Name: MARSHALL DENNEHEY WARNER COLEMAN Related cases pending: NO
& GOGGIN If yes, list docket numbers:
Address: 15000 MIDLANTIC DR STE 200 PO BOX 5429 Do you anticipate adding any parties (arising out of same
MT LAUREL NJ 08054 transaction or occurrence)? YES
Phone: 8564146000 Does this case involve claims related to COVID-19? NO
Name of Party: DEFENDANT : HUTCHINSON PLUMBING
HEATING CO Are sexual abuse claims alleged by: STEPHANIE SMITH? NO
Name of Defendant’s Primary Insurance Company
(if known): Gallagher Bassett Are sexual abuse claims alleged by: WILLIAM SMITH? NO
Are sexual abuse claims alleged by: STEPHANIE SMITH GUARD
OF S.S.? NO
Are sexual abuse claims alleged by: WILLIAM SMITH GUARD OF
S.S.? 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
CAM-L-002480-23 11/30/2023
CAM-L-002480-23 11/30/202310:51:52
10:51:31AM
AM Pg 2 of 2 Trans
TransID:
ID:LCV20233500793
LCV20233500793
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)
11/30/2023 /s/ PETER A LENTINI
Dated Signed
Preview
CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 1 of 14 Trans ID: LCV20233500793 40794.00453-PAL LEGAL/156297623.v1 MARSHALL DENNEHEY BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987 15000 Midlantic Drive ◙ Suite 200 P.O. Box 5429 Mt. Laurel, NJ 08054 856-414-6000 856-414-6077 palentini@mdwcg.com Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART Guardians of S.S., a Minor, CAMDEN COUNTY Plaintiffs, DOCKET NO.: CAM-L-2480-23 vs. CIVIL ACTION HUTCHINSON PLUMBING HEATING ANSWER OF DEFENDANT COOLING LLC; PETITTE’S PLUMBING & HUTCHINSON PLUMBING HEATING HEATING INC.; CLEARVIEW EQUITIES COOLING LLC TO PLAINTIFFS’ LLC; and ABC CORPORATIONS (1-10) & COMPLAINT WITH AFFIRMATIVE JOHN/JANE DOES (1-10), DEFENSES, CROSSCLAIMS, DESIGNATION OF TRIAL COUNSEL Defendants. AND JURY TRIAL DEMAND Defendant Hutchinson Plumbing Heating Cooling LLC, by and through its attorneys, Marshall Dennehey, answer plaintiffs’ Complaint as follows: COMPLAINT – CIVIL ACTION 1. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 2. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. Business Activities of Defendants 3. Admitted. 4. Admitted. 1 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 2 of 14 Trans ID: LCV20233500793 5. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 6. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 7. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 8. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 9. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 10. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 11. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. Responsibilities of Defendant Hutchinson 12. Admitted. 13. Admitted. 14. Denied. 15. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. Hutchinson would not know how a homeowner “regularly used” its water heater, etc. 2 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 3 of 14 Trans ID: LCV20233500793 16. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 17. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 18. Denied. 19. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 20. Denied as stated. This paragraph contains a conclusion of law to which no response is required. 21. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 22. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 23. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 3 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 4 of 14 Trans ID: LCV20233500793 24. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. 31. Denied. Responsibilities of Clearview and Petitte 32. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 33. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 34. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 35. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 36. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 37. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 4 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 5 of 14 Trans ID: LCV20233500793 38. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 39. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 40. Denied as a conclusion of law to which no response is required. 41. Denied as a conclusion of law to which no response is required. 42. Denied as a conclusion of law to which no response is required. 43. Denied as a conclusion of law to which no response is required. 44. Denied as a conclusion of law to which no response is required. 45. Denied as a conclusion of law to which no response is required. 46. Denied as a conclusion of law to which no response is required. 47. Denied as a conclusion of law to which no response is required. 48. Denied as a conclusion of law to which no response is required. 49. Denied as a conclusion o f law to which no response is required. 50. Denied as a conclusion of law to which no response is required. 51. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 52. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 53. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 54. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 5 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 6 of 14 Trans ID: LCV20233500793 55. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. The Accident 56. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 57. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 58. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the damage allegations, which are deemed denied. 59. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 60. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 61. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 62. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 63. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 64. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 6 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 7 of 14 Trans ID: LCV20233500793 65. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 66. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 67. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. COUNT 1 Negligence Claim Against Petitte and Clearview 68. Hutchinson incorporates its previous answers. 69. Denied as a conclusion of law to which no response is required. 70. Denied as the referenced codes and regulations are not specified. 71. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 72. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 73. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 7 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 8 of 14 Trans ID: LCV20233500793 74. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 75. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. 76. Denied. Hutchinson denies all liability allegations in this paragraph and is without knowledge or information sufficient to form a belief about the truth of the damage allegations, which are deemed denied. WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC denies that it is liable to any party in this action in any sum or sums whatsoever. COUNT II Negligence Claim Against Hutchinson 77. Hutchinson incorporates its previous answers. 78. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 79. Denied. This paragraph contains conclusions of law to which no response is required. 80. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 81. Denied. 82. Denied. 83. Denied. 8 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 9 of 14 Trans ID: LCV20233500793 84. Denied. 85. Denied. 86. Denied. COUNT 3 – Negligent Infliction Claim Against Hutchinson WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC denies that it is liable to any party in this action in any sum or sums whatsoever. 87. Hutchinson incorporates its previous responses. 88. Denied. This paragraph contains conclusions of law to which no response is required. To the extent that a response is required, Hutchinson denies the allegations in this paragraph as misstatements of the law. 89. Denied. This paragraph contains conclusions of law to which no response is required. 90. Denied as a conclusion of law to which no response is required. 91. Denied. 92. Denied. 93. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 94. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 95. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 96. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the damage allegations, which are deemed denied. 97. Denied. 9 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 10 of 14 Trans ID: LCV20233500793 98. Denied. 99. Denied. WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC deny that it is liable to any party in this action in any sum or sums whatsoever. COUNT 4 – Negligence Claim Against Petitte and Clearview 100. Hutchinson incorporates its previous answers. 101. Denied as a conclusion of law to which no response is required. 102. Denied as a conclusion of law to which no response is required. 103. Denied. 104. Denied. 105. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 106. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 107. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 108. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 109. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 110. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 10 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 11 of 14 Trans ID: LCV20233500793 111. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. 112. Denied. Hutchinson is without knowledge or information sufficient to form a belief about the truth of the allegations in this paragraph, which are deemed denied. WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC deny that it is liable to any party in this action in any sum or sums whatsoever. AFFIRMATIVE DEFENSES 1. Plaintiffs’ complaint fails to state a claim upon which relief can be granted. 2. The damages alleged by Stephanie Smith were caused solely or in part by Stephanie Smith’s own negligence, and her claims should be barred or reduced per the provisions of the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.2. 3. Plaintiffs’ injuries and damages, if any, were caused by intervening and/or superseding causes thus relieving Hutchinson from any potential liability. 4. Hutchinson incorporates all affirmative defenses available under the New Jersey Product Liability Act. 5. The water heater was safe for its reasonably foreseeable use when it left the possession and control of Hutchinson. 6. If plaintiffs were injured or damaged as alleged, their injuries and damages were caused by alteration or misuse of the water heater. 7. If plaintiffs were injured or damaged as alleged, their injuries and damages were caused by an unforeseeable malfunction of the water heater after it left the possession of Hutchinson. 11 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 12 of 14 Trans ID: LCV20233500793 WHEREFORE, defendant Hutchinson Plumbing Heating Cooling LLC deny that it is liable to any party in this action in any sum or sums whatsoever. CROSSCLAIM FOR CONTRIBUTION Liability being expressly denied, answering defendant avers that in the event they are found liable they are entitled to contribution from co-defendants, pursuant to the terms and provisions of the New Jersey Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1 et.seq. and the New Jersey Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq. WHEREFORE, answering defendant demands judgment in its favor together with interest and costs and such other and further relief as this Court deems just and proper. CONTRACTUAL AND COMMON LAW CROSSCLAIMS FOR INDEMNIFICATION Liability being expressly denied, answering defendant avers that in the event it is found liable, it is entitled to indemnity from co-defendants, as the acts of co-defendants were the active and primary cause of any injuries sustained by plaintiff and co-defendants are obligated to defend and indemnify answering defendant. WHEREFORE, answering defendant demands judgment in its favor together with interest and costs and such other and further relief as this Court deems just and proper. ANSWERS TO CROSSCLAIMS Answering defendant denies the cross-claims filed against it or to be filed against it in this action. REQUEST FOR ALLOCATION PURSUANT TO RULE 4:7-5(C) If any defendant(s) settle(s) prior to verdict, this/these defendant(s) will seek an allocation by the fact finder of the percentage of negligence against the settling defendant(s). 12 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 13 of 14 Trans ID: LCV20233500793 This defendant will seek this allocation, whether or not this/these defendant(s) have formally filed a Crossclaim against the settling defendant(s). This defendant will rely upon the direct examination and cross examination of plaintiff's expert witness, and any and all other witness at the time of trial in support of this allocation and specifically reserve the right to call any and all such witnesses. All parties are being apprised of this pursuant to New Jersey Court Rule 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991). DEMAND FOR STATEMENT OF DAMAGES CLAIMED Demand is hereby made pursuant to R.4:5-2 of the New Jersey Civil Practice Rules for a written statement of damages claimed in this action within five (5) days from the date of service hereof. DEMAND FOR DISCOVERY Answering defendant hereby demands certified answers to Form A Uniform Interrogatories from Plaintiff. Answering defendant hereby demands co-defendants responses to Interrogatories Form C and C(1). DESIGNATION OF TRIAL COUNSEL Peter A. Lentini, Esquire, of the firm Marshall Dennehey is hereby designated as trial counsel on behalf of answering defendant herein pursuant to R.4:25-4. DEMAND FOR JURY TRIAL Answering defendant demands a trial by jury on all issues. CERTIFICATION I certify that the matter in controversy is not the subject of any other action pending in any court or of any pending Arbitration proceeding, and I know of no other parties to be joined at this time. 13 CAM-L-002480-23 11/30/2023 10:51:52 AM Pg 14 of 14 Trans ID: LCV20233500793 The undersigned hereby certifies that the within pleading was filed within the time prescribed by Rule 4:6, or any period of time extended by agreement and/or court order. MARSHALL DENNEHEY By: _____________________________ PETER A. LENTINI, ESQUIRE DATED: November 30, 2023 14 CAM-L-002480-23 11/30/2023 CAM-L-002480-23 11/30/202310:51:52 10:51:31AM AM Pg 1 of 2 Trans TransID: ID:LCV20233500793 LCV20233500793 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-002480-23 Case Caption: SMITH STEPHANIE VS HUTCHINSON Case Type: PERSONAL INJURY PLUMBING HEATING Document Type: Answer W/CrossClaim W/Jury Demand Case Initiation Date: 08/29/2023 Jury Demand: YES - 12 JURORS Attorney Name: PETER A LENTINI Is this a professional malpractice case? NO Firm Name: MARSHALL DENNEHEY WARNER COLEMAN Related cases pending: NO & GOGGIN If yes, list docket numbers: Address: 15000 MIDLANTIC DR STE 200 PO BOX 5429 Do you anticipate adding any parties (arising out of same MT LAUREL NJ 08054 transaction or occurrence)? YES Phone: 8564146000 Does this case involve claims related to COVID-19? NO Name of Party: DEFENDANT : HUTCHINSON PLUMBING HEATING CO Are sexual abuse claims alleged by: STEPHANIE SMITH? NO Name of Defendant’s Primary Insurance Company (if known): Gallagher Bassett Are sexual abuse claims alleged by: WILLIAM SMITH? NO Are sexual abuse claims alleged by: STEPHANIE SMITH GUARD OF S.S.? NO Are sexual abuse claims alleged by: WILLIAM SMITH GUARD OF S.S.? 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 CAM-L-002480-23 11/30/2023 CAM-L-002480-23 11/30/202310:51:52 10:51:31AM AM Pg 2 of 2 Trans TransID: ID:LCV20233500793 LCV20233500793 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) 11/30/2023 /s/ PETER A LENTINI Dated Signed