On June 11, 2020 a
Answer
was filed
involving a dispute between
Duke Realty Limited Partnership,
Insurance Company Of The West,
Madrigal, Adriana Quintero,
Marquez, Rafael Carvajal,
and
Does 2-100,
Duke Realty Corporation,
Duke Realty Limited Partnership,
Genie Industries, Inc.,
Gregg Electric, Inc.,
I.E. General Engineering Inc.,
King Equipment, Llc,
Terex Corporation,
General Engineering, Inc,
Gregg Electric, Inc., I.E.,
King Equipment, Inc.,
Roes 2 To 100,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
BREMER WHYTE BROWN & O’MEARA LLP
Alison K. Hurley, State Bar No. 234042 "
. L
ahurley@bremerwhyte.com SUPERIOR COURT 0F CALIFORNIA
20320 SW
Birch Street COUNTY OF SAN BERNARDINO
SAN BERNARDINQ DISTRICT
Second Floor
Newport Beach, California 92660 JAN 1 5 202‘?
Telephone: (949) 221-1 000
Facsimile: (949) 221-1001
BY “M&Cm
Attorneys for Cross-Defendant, ANGEL'WGARCM’ DEPUTY
JSR CONSTRUCTION SERVICES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
RAFAEL CARVAJAL MARQUEZ; and Case No. CIVDS201 03 1 0
ADIANA QUINTERO MADRIGAL,
Judge: Hon. Donald R. Alvarez
..... Plaintiff, Dept: $23
VS. JSR CONSTRUCTION SERVICES,
INC.’S ANSWER TO THE CROSS-
GENIE INDUSTRIES, INC; TEREX COMPLAINT OF DUKE REALTY
CORPORATION; DUKE REALTY LIMITED LIMITED PARTNERSHIP
PARTNERSHIP; DUKE REALTY
CORPORATION; VVVVVVVVVVVVVVVVVVVVV
Cross—Complaint Filed: June 11, 2020
GREGG ELECTRIC, INC; LE. GENERAL
ENGINEERING, INC.; and DOES 1-100,
inclusive,
Defendants.
AND RELATED CROSS-ACTION.
i
COMES NOW, Cross-Defendant, JSR CONSTRUCTION SERVICES, INC., for itself
alone, and no others, and answers the Cross—Complaint of Cross—Complainant, DUKE REALTY
LIMITED PARTNERSHIP on file herein and admits, denies and alleges as follows:
1. Pursuant to California Code 0f Civil Procedure section 43 1 .30, Cross-Defendant
generally and specifically denies the allegations of the Cross—Complaint, and each cause of action,
and each paragraph in each cause of action, and each and every part thereof, including a denial that
Cross—Complainant was damaged in the sum or sums alleged, or to be alleged, 0r any other sum or
JSR CONSTRUCTION SERVICES, INC.’S ANSWER TO THE CROSS-COMPLAINT OF DUKE REALTY
LIMITED PARTNERSHIP
1133.374 4835-9917-8454.1
sums whatsoever.
2. Cross-Defendant further denies, that by reason of any act or omission, fault, conduct
or liability on the part of this answering Cross-Defendant, whether negligent, careless, unlawful or
UI-PUJN
whether-as alleged, or otherwise, Cross-Complainant was injured 0r damaged in any of the amounts
alleged, or in any other manner or amount whatsoever. Cross-Defendant further denies that this
answering Cross-Defendant was negligent, careless, reckless, wanton, acted unlawfully or is liable,
whether in the manner alleged or otherwise.
\OOONON
FIRST AFFIRMATIVE DEFENSE
(COMPARATIVE NEGLIGENCE)
10 3. Answering Cross-Defendant is informed and believes and on such information and
11 belief alleges that the injury and damage, if any, alleged in the Cross-Complaint occurred and was
12 proximately caused by either the sole or the partial negligence of Cross—Complainant, which
13 negligence bars or reduces each Cross-Complainant’s recovery herein.
14 SECOND AFFIRMATIVE DEFENSE
15 (FAILURE TO STATE A CAUSE OF ACTION)
16 4. Each 0f Cross-Complainant’s causes 0f action, individually, fails to state facts
17 sufficient to constitute a cause of action against this answering Cross-Defendant.
18 THIRD AFFIRMATIVE DEFENSE
19 (REDUCTION TO PERCENT OF FAULT)
20 5. The right of Cross-Complainant to recovery herein, if any right exists, is reduced
21 and limited to the percentage of negligence attributable to this answering Cross-Defendant pursuant
22 to California Civil Code section 1431.2.
23 FOURTH AFFIRMATIVE DEFENSE
24 (NEGLIGENCE OF OTHERS)
25 6. Answering Cross—Defendant denies that Cross-Complainant was damaged as a
26 proximate result of any conduct on the part of this answering Cross-Defendant. This answering
27 Cross-Defendant affirmatively alleges that Cross—Complainant’s damages, if any, were proximately
28
2
JSR CONSTRUCTION SERVICES, INC.’S ANSWER TO THE CROSS-COMPLAINT OF DUKE REALTY
LIMITED PARTNERSHIP
1133.374 4835-9917-8454.1
4835-9917-8454, v. 1
Preview
BREMER WHYTE BROWN & O’MEARA LLP Alison K. Hurley, State Bar No. 234042 " . L ahurley@bremerwhyte.com SUPERIOR COURT 0F CALIFORNIA 20320 SW Birch Street COUNTY OF SAN BERNARDINO SAN BERNARDINQ DISTRICT Second Floor Newport Beach, California 92660 JAN 1 5 202‘? Telephone: (949) 221-1 000 Facsimile: (949) 221-1001 BY “M&Cm Attorneys for Cross-Defendant, ANGEL'WGARCM’ DEPUTY JSR CONSTRUCTION SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO RAFAEL CARVAJAL MARQUEZ; and Case No. CIVDS201 03 1 0 ADIANA QUINTERO MADRIGAL, Judge: Hon. Donald R. Alvarez ..... Plaintiff, Dept: $23 VS. JSR CONSTRUCTION SERVICES, INC.’S ANSWER TO THE CROSS- GENIE INDUSTRIES, INC; TEREX COMPLAINT OF DUKE REALTY CORPORATION; DUKE REALTY LIMITED LIMITED PARTNERSHIP PARTNERSHIP; DUKE REALTY CORPORATION; VVVVVVVVVVVVVVVVVVVVV Cross—Complaint Filed: June 11, 2020 GREGG ELECTRIC, INC; LE. GENERAL ENGINEERING, INC.; and DOES 1-100, inclusive, Defendants. AND RELATED CROSS-ACTION. i COMES NOW, Cross-Defendant, JSR CONSTRUCTION SERVICES, INC., for itself alone, and no others, and answers the Cross—Complaint of Cross—Complainant, DUKE REALTY LIMITED PARTNERSHIP on file herein and admits, denies and alleges as follows: 1. Pursuant to California Code 0f Civil Procedure section 43 1 .30, Cross-Defendant generally and specifically denies the allegations of the Cross—Complaint, and each cause of action, and each paragraph in each cause of action, and each and every part thereof, including a denial that Cross—Complainant was damaged in the sum or sums alleged, or to be alleged, 0r any other sum or JSR CONSTRUCTION SERVICES, INC.’S ANSWER TO THE CROSS-COMPLAINT OF DUKE REALTY LIMITED PARTNERSHIP 1133.374 4835-9917-8454.1 sums whatsoever. 2. Cross-Defendant further denies, that by reason of any act or omission, fault, conduct or liability on the part of this answering Cross-Defendant, whether negligent, careless, unlawful or UI-PUJN whether-as alleged, or otherwise, Cross-Complainant was injured 0r damaged in any of the amounts alleged, or in any other manner or amount whatsoever. Cross-Defendant further denies that this answering Cross-Defendant was negligent, careless, reckless, wanton, acted unlawfully or is liable, whether in the manner alleged or otherwise. \OOONON FIRST AFFIRMATIVE DEFENSE (COMPARATIVE NEGLIGENCE) 10 3. Answering Cross-Defendant is informed and believes and on such information and 11 belief alleges that the injury and damage, if any, alleged in the Cross-Complaint occurred and was 12 proximately caused by either the sole or the partial negligence of Cross—Complainant, which 13 negligence bars or reduces each Cross-Complainant’s recovery herein. 14 SECOND AFFIRMATIVE DEFENSE 15 (FAILURE TO STATE A CAUSE OF ACTION) 16 4. Each 0f Cross-Complainant’s causes 0f action, individually, fails to state facts 17 sufficient to constitute a cause of action against this answering Cross-Defendant. 18 THIRD AFFIRMATIVE DEFENSE 19 (REDUCTION TO PERCENT OF FAULT) 20 5. The right of Cross-Complainant to recovery herein, if any right exists, is reduced 21 and limited to the percentage of negligence attributable to this answering Cross-Defendant pursuant 22 to California Civil Code section 1431.2. 23 FOURTH AFFIRMATIVE DEFENSE 24 (NEGLIGENCE OF OTHERS) 25 6. Answering Cross—Defendant denies that Cross-Complainant was damaged as a 26 proximate result of any conduct on the part of this answering Cross-Defendant. This answering 27 Cross-Defendant affirmatively alleges that Cross—Complainant’s damages, if any, were proximately 28 2 JSR CONSTRUCTION SERVICES, INC.’S ANSWER TO THE CROSS-COMPLAINT OF DUKE REALTY LIMITED PARTNERSHIP 1133.374 4835-9917-8454.1 4835-9917-8454, v. 1