Preview
1 NILAN JOHNSON LEWIS PA
JOHN J. WACKMAN – Pro Hac Vice Forthcoming
2 jwackman@nilanjohnson.com
3 CHRISTINE M. MENNEN – Pro Hac Vice
cmennen@nilanjohnson.com
4 KATHLEEN K. CURTIS – Pro Hac Vice Forthcoming
250 Marquette Avenue South, Suite 800
5 Minneapolis, MN 55401
Telephone: (612) 305-7500
6
Facsimile: (612) 305-7501
7
HANSON BRIDGETT LLP
8 SHANNON M. NESSIER, SBN 267644
snessier@hansonbridgett.com
9 KAYLEN KADOTANI, SBN 294114
kkadotani@hansonbridgett.com
10
CARSON R. NIELLO, SBN 329970
11 cniello@hansonbridgett.com
425 Market Street, 26th Floor
12 San Francisco, California 94105
Telephone: (415) 777-3200
13 Facsimile: (415) 541-9366
14
Attorneys for Defendant
15 FUTURE MOTION, INC.
16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
17
COUNTY OF SANTA CRUZ, UNLIMITED CIVIL
18
Myles Allingham v. Future Motion, Inc., et al. JCCP Proceeding No. 5305
19 (SCSC Case No. 22CV00518)
ASSIGNED FOR ALL PURPOSES TO
20 JUDGE SYDA K. COGLIATI, DEPT. 5
COORDINATION PROCEEDING SPECIAL
21 TITLE [Rule 3.550] MASTER LONG FORM ANSWER BY
22 DEFENDANT FUTURE MOTION, INC.,
In re: FUTURE MOTION ONEWHEEL AS TO MASTER LONG FORM
CASES
23 COMPLAINT FOR DAMAGES AND
THIS DOCUMENT RELATES TO ALL DEMAND FOR JURY TRIAL
24 CASES
25
26 Defendant Future Motion, Inc., (hereinafter “Future Motion” or “Defendant”), for its Master
27 Long Form Answer to the Master Long Form Complaint for Damages and Demand for Jury Trial (the
28 “Master Complaint”) filed by Plaintiffs in the Judicial Council Coordination Proceeding (JCCP) No.
DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
DAMAGES AND DEMAND FOR JURY TRIAL
20853794.1
1 5305, In re: Future Motion Onewheel Cases, states and alleges as follows:
2 Defendant reserves the right to file an individual Answer to any Long Form Master and/or
3 Short Form Complaint filed by any Plaintiff in this matter.
4 PRELIMINARY STATEMENT
5 Future Motion’s Master Long Form Answer does not waive any affirmative defense that could
6 be asserted, nor does it constitute an admission of any allegation or any claim. This Master Answer is
7 intended to respond to the Master Long Form Complaint; Future Motion does not intend this Master
8 Long Form Answer to in any way to waive any affirmative defenses or denials that may have been set
9 forth in its Answer to any action before such action was transferred to this coordinated proceeding.
10 Future Motion reserves the right to later move to dismiss counts alleged in the Master Complaint (at
11 the appropriate time in any Plaintiff’s individual action), move to dismiss counts alleged in any
12 individual Complaint, later assert additional affirmative defenses in individual actions, file an
13 Amended Answer, file a demurrer or motion to strike within the time permitted by the California Code
14 of Civil Procedure, or an Individual Answer to address specifically any individual Complaints, or
15 otherwise challenge the sufficiency of any claim or cause of action in any Complaint under the
16 applicable state’s law. Future Motion has not admitted the allegations set forth in the Master
17 Complaint and Short Form Complaints, nor conceded or waived the right to dispute the legal validity
18 of the claims alleged therein.
19 GENERAL DENIAL
20 Pursuant to the provisions of California Code of Civil Procedure Section 431.30, Future
21 Motion denies, generally and specifically, each and every allegation, statement, matter and
22 purported cause of action contained in the Master Complaint and each and every part thereof,
23 including denying that Plaintiffs were damaged in the manner or sums alleged, or in any way at all.
24 Future Motion denies that any act, omission, fault or conduct on its part caused any injury or
25 damage to the Plaintiffs in any manner or amount. Future Motion denies that it was at fault in any
26 way, has any liability on any of Plaintiffs’ claims, including for negligence, strict liability, design
27 defect, manufacturing defect, failure to warn, negligent design, negligent recall/retrofit, survival
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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1 and wrongful death, punitive damages, or otherwise has any liability or responsibility for any of
2 the allegations or claims in this case.
3 AFFIRMATIVE DEFENSES
4 Defendant pleads the following separate defenses in response to Plaintiffs’ Master
5 Complaint. Defendant reserves the right to amend or withdraw any or all defenses or to raise any
6 and all additional defenses as or after they may become known during the course of investigation,
7 discovery or trial.
8 No assertion of any affirmative defense shall constitute either (a) an admission that Plaintiff
9 does not bear the burden of proof or the burden of producing evidence on any element of any cause
10 of action or claim for relief, or on any issue as to which a plaintiff bears the burden of proof or the
11 burden of producing evidence as a matter of law, or (b) a waiver of any defendant's right to require
12 that Plaintiff satisfy any burden of proof or burden of producing evidence.
13 FIRST AFFIRMATIVE DEFENSE
14 (Failure to State a Claim)
15 The Master Complaint, and each and every claim and cause of action alleged therein, is
16 barred because the pleading fails to state a cause of action against Defendant.
17 SECOND AFFIRMATIVE DEFENSE
18 (Failure to Preserve Evidence)
19 The Master Complaint, and each and every claim and cause of action alleged therein, is
20 barred because Plaintiffs may have altered, spoliated or failed to preserve evidence without proper
21 notice to Defendant.
22 THIRD AFFIRMATIVE DEFENSE
23 (Statute of Limitations)
24 The Master Complaint may be barred, in whole or in part, by the applicable statute(s) of
25 limitations or repose, including, but not limited to Code of Civil Procedure sections 335.1, 337,
26 338, 339, 340, 583.210, 583.310, 583.410, and other applicable statutes and/or by any applicable
27 contractual time limitations for the commence of suit.
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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1 FOURTH AFFIRMATIVE DEFENSE
2 (Laches)
3 The Master Complaint may be barred, in whole or in part, by the doctrine of laches.
4 FIFTH AFFIRMATIVE DEFENSE
5 (No Control Over Responsible Parties)
6 The Master Complaint, and each and every claim and cause of action alleged therein, is
7 barred because Plaintiffs’ damages, if any, were caused by the acts or omissions of third parties
8 over whom Defendant had no control and for whose acts Defendant is not responsible.
9 SIXTH AFFIRMATIVE DEFENSE
10 (Assumption of Risk)
11 The Master Complaint, and each and every claim and cause of action alleged therein, is
12 barred because Plaintiffs assumed the risk of any damages he/she/they may have sustained in both
13 the primary and secondary sense.
14 SEVENTH AFFIRMATIVE DEFENSE
15 (Open And Obvious)
16 The Master Complaint, and each and every claim and cause of action alleged therein, is
17 barred because Plaintiffs’ damages, if any, were the result of an open and obvious risk of which
18 Plaintiffs were or should have been aware.
19 EIGHTH AFFIRMATIVE DEFENSE
20 (Intervening and Superseding Cause)
21 The Master Complaint, and each and every claim and cause of action alleged therein, is
22 barred because Plaintiffs’ damages, if any, were the result of intervening and/or superseding acts
23 or negligence of persons, parties or entities over whom Defendant had no control.
24 NINTH AFFIRMATIVE DEFENSE
25 (Modification of Product(s))
26 The Master Complaint, and each and every claim and cause of action alleged therein, is
27 barred because the product complained of was substantially modified, altered and/or damaged after
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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1 it left Defendant’s control.
2 TENTH AFFIRMATIVE DEFENSE
3 (Misuse)
4 The Master Complaint, and each and every claim and cause of action alleged therein, is
5 barred because the incident and Plaintiffs’ damages, if any, were caused by the unforeseeable and
6 unanticipated misuse of the product.
7 ELEVENTH AFFIRMATIVE DEFENSE
8 (No Alternative Design)
9 The Master Complaint, and each and every claim and cause of action alleged therein, is
10 barred because at the time the product left the control of Defendant there was not a practical and
11 technically feasible alternative design that would have prevented the alleged harm without
12 substantially impairing the reasonably anticipated or intended function of the product.
13 TWELFTH AFFIRMATIVE DEFENSE
14 (Negligence or Comparative Fault of Others)
15 Plaintiffs’ injuries, if and to the extent they occurred, were caused by the comparative
16 negligence and/or comparative fault of other persons and/or entities, and therefore Plaintiffs’
17 recovery, if any, must be reduced by the comparative fault of such other persons or entities.
18 THIRTEENTH AFFIRMATIVE DEFENSE
19 (Negligence or Comparative Fault of Plaintiff)
20 Plaintiffs’ injuries, if and to the extent they occurred, were caused or contributed to by
21 Plaintiffs’ own recklessness, carelessness, and/or negligence, and therefore Plaintiffs’ recovery, if
22 any, must be reduced by Plaintiffs’ comparative fault.
23 FOURTEENTH AFFIRMATIVE DEFENSE
24 (Unauthorized Use)
25 The Master Complaint, and each and every claim and cause of action alleged therein, is
26 barred because the incident and injury, if any, were caused by the unauthorized, unintended, or
27 improper use of the product complained of and as a result of the failure to exercise reasonable and
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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1 ordinary care, caution or vigilance.
2 FIFTEENTH AFFIRMATIVE DEFENSE
3 (Disregard of Warnings)
4 The Master Complaint, and each and every claim and cause of action alleged therein, is
5 barred for failure to follow warnings and/or instructions provided by Defendant.
6 SIXTEENTH AFFIRMATIVE DEFENSE
7 (Waiver and Estoppel)
8 The Master Complaint, and each and every claim and cause of action alleged therein, is
9 barred by estoppel and/or waiver.
10 SEVENTEENTH AFFIRMATIVE DEFENSE
11 (No Breach)
12 The Master Complaint, and each and every claim and cause of action alleged therein, is
13 barred because Defendant did not breach any duty it may have owed to Plaintiffs.
14 EIGHTEENTH AFFIRMATIVE DEFENSE
15 (Compliance with the Law)
16 The Master Complaint, and each and every claim and cause of action alleged therein, is
17 barred because at all times relevant to this litigation, Defendant complied with all applicable laws,
18 regulations and standards.
19 NINETEENTH AFFIRMATIVE DEFENSE
20 (State of the Art)
21 The Master Complaint, and each and every claim and cause of action alleged therein, is
22 barred because the product was designed and manufactured consistent with the state of the art for
23 similar products at the time of its design and manufacture.
24 TWENTIETH AFFIRMATIVE DEFENSE
25 (Failure to Mitigate)
26 In the event a Plaintiff failed to mitigate his, her, or their damages, the Plaintiff is barred
27 from recovering those damages from Defendant.
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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1 TWENTY-FIRST AFFIRMATIVE DEFENSE
2 (Setoff )
3 Plaintiffs’ damages, if any, must be set off against any payments received from a
4 collateral source. Plaintiffs’ damages, if any, must be reduced in accordance with applicable law,
5 including but not limited to, Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.App.4th
6 541.
7 TWENTY-SECOND AFFIRMATIVE DEFENSE
8 (Force Majeure)
9 The Master Complaint, and each and every claim and cause of action alleged therein, is
10 barred because any injuries and/or losses alleged by Plaintiffs were caused in whole or in part
11 through the operation of nature or other intervening causes or both.
12 TWENTY-THIRD AFFIRMATIVE DEFENSE
13 (No Damages)
14 The Master Complaint, and each and every claim and cause of action alleged therein, is
15 barred because Plaintiffs have neither incurred nor paid any medical expenses as alleged.
16 TWENTY-FOURTH AFFIRMATIVE DEFENSE
17 (Settlement Offsets)
18 Defendant is entitled to a setoff amount for all sums of money recovered by or on behalf of
19 any Plaintiff by way of any settlement, judgment or otherwise which were entered into or received
20 by the Plaintiff from any party or non-party in this action.
21 TWENTY-FIFTH AFFIRMATIVE DEFENSE
22 (Evidence Barred)
23 If Plaintiffs or any other party has failed or fails to preserve evidence pertaining to the
24 allegedly defective product, then Plaintiffs and/or the other party may not introduce evidence
25 related to or based upon such lost, destroyed or altered evidence and, therefore, some or all of the
26 claims asserted by Plaintiffs and/or other parties may be barred.
27 ///
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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1 TWENTY-SIXTH AFFIRMATIVE DEFENSE
2 (Standing)
3 The Master Complaint is barred, in whole or in part, because Plaintiffs lack standing to
4 pursue one or more of the causes of actions asserted.
5 TWENTY-SEVENTH AFFIRMATIVE DEFENSE
6 (Punitive Damages Limitations)
7 For Plaintiffs’ claim for punitive damages, Defendant specifically incorporates by reference
8 any and all standards of limitations regarding the determination and/or enforceability of punitive
9 damages awards that arose in the decisions of BMW of No. America v. Gore, 517 U.S. 559 (1996);
10 Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424 (2001); State Farm Mut.
11 Auto Ins. Co. v. Campbell, 123 S. Ct. 1513 (2003); and Exxon Shipping Co. v. Baker, No. 07-219,
12 2008 U.S. LEXIS 5263 (U.S. June 25, 2008) and their progeny, as well as other similar cases under
13 both federal and state law.
14 TWENTY-EIGHTH AFFIRMATIVE DEFENSE
15 (Punitive Damages Unconstitutional)
16 No Plaintiff is entitled to punitive damages because an award of punitive damages violates
17 the Fifth and Fourteenth Amendments to the United States Constitution and the applicable State’s
18 Constitution.
19 TWENTY-NINTH AFFIRMATIVE DEFENSE
20 (No Entitlement to Punitive Damages)
21 The Master Complaint fails to properly state a claim for punitive damages under Cal. Civ.
22 Code sections 3294, et seq., or otherwise.
23 THIRTIETH AFFIRMATIVE DEFENSE
24 (Several Liability for Noneconomic Damages)
25 Defendant contends that if liability is assessed against it, pursuant to Civil Code section
26 1431 et seq., it shall be liable only for the amount of non-economic damages allocated to it in direct
27 proportion to the percentage of fault assessed against it by the trier of fact. Further, Defendant
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20853794.1
1 requests that a separate judgment be rendered against it for that amount; but Defendant, in setting
2 forth this affirmative defense, makes no admission that it is liable to Plaintiffs in any amount or in
3 any proportion; and Defendant, in setting forth this affirmative defense, makes no admission that
4 Plaintiffs have been damaged in any sum or sums at all.
5 THIRTY-FIRST AFFIRMATIVE DEFENSE
6 (Defendant Fulfilled Duty to Warn)
7 The Master Complaint, and each and every claim and cause of action alleged therein, is
8 barred because Defendant discharged its duty to warn of dangers embodied in the subject product,
9 if any such duty or dangers existed, by providing adequate warnings and instructions to Plaintiffs.
10 THIRTY-SECOND AFFIRMATIVE DEFENSE
11 (Lack of Causation)
12 The Master Complaint is barred, in whole or in part, because Plaintiffs cannot establish that
13 the conduct of Defendant was the cause in fact or the proximate cause of any injuries or damages
14 alleged by Plaintiffs.
15 THIRTY-THIRD AFFIRMATIVE DEFENSE
16 (Inherent Risk - No Duty)
17 Defendant alleges that Plaintiffs’ alleged injuries and damages, if any, resulted from
18 inherent risks of the activity in which Plaintiffs voluntarily engaged and as to which Defendant
19 owed no duty.
20 THIRTY-FOURTH AFFIRMATIVE DEFENSE
21 (Reservation of Affirmative Defense)
22 Defendant reserves the right to amend its Answer and to rely upon affirmative defenses as
23 may hereafter be disclosed by further investigation and discovery.
24 PRAYER FOR RELIEF
25 WHEREFORE, Defendant prays that:
26 a. Plaintiffs’ Master Complaint and accompanying Short Form Complaints be
27 dismissed with prejudice, that Plaintiffs take nothing thereby, and that judgment be entered against
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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20853794.1
1 Plaintiffs and in favor of Defendant;
2 b. Defendant be awarded its costs and reasonable attorneys’ fees incurred in
3 connection with the defense of this action; and
4 c. Defendant be awarded such other and further relief as the Court deems just and
5 proper.
6 DATED: May 20, 2024 NILAN JOHNSON LEWIS PA
7
8
By: /s/ Christine M. Mennen
9 CHRISTINE M. MENNEN
Attorneys for Defendant
10 FUTURE MOTION, INC.
11
12 DATED: May 20, 2024 HANSON BRIDGETT LLP
13
14 By: /s/ Kaylen Kadotani
15 SHANNON M. NESSIER
KAYLEN KADOTANI
16 CARSON R. NIELLO
Attorneys for Defendant
17 FUTURE MOTION, INC.
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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20853794.1
1
2 DEMAND FOR JURY TRIAL.
3 Defendant FUTURE MOTION, INC. hereby demands a jury trial in the above-entitled
4 action as to all causes of action that may be tried before a jury.
5 DATED: May 20, 2024 NILAN JOHNSON LEWIS PA
6
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By: /s/ Christine M. Mennen
8 CHRISTINE M. MENNEN
Attorneys for Defendant
9 FUTURE MOTION, INC.
10
11 DATED: May 20, 2024 HANSON BRIDGETT LLP
12
13 By: /s/ Kaylen Kadotani
14 SHANNON M. NESSIER
KAYLEN KADOTANI
15 CARSON R. NIELLO
Attorneys for Defendant
16 FUTURE MOTION, INC.
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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20853794.1
1 PROOF OF SERVICE
2 COORDINATION PROCEEDING SPECIAL TITLE [Rule 3.550]
In re: FUTURE MOTION ONEWHEEL CASES
3 County of Santa Cruz, JCCP Proceeding No. 5305
4 At the time of service, I was over 18 years of age and not a party to this action. I am employed in
the County of San Francisco, State of California. My business address is 425 Market Street, 26th Floor,
5 San Francisco, CA 94105.
6 On May 20, 2024, I served true copies of the following document(s) described as:
7 MASTER LONG FORM ANSWER BY DEFENDANT FUTURE MOTION, INC., AS TO
MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL .
8
on the interested parties in this action as follows:
9
Aaron M. Heckaman Plaintiffs’ Co-Liaison Counsel
10 BAILEY COWAN HECKAMAN PLLC
1360 Post Oak Boulevard, Suite 2300
11 Houston, TX 77056
Telephone: (713) 425-7100
12 Facsimile: (713) 425-7101
E-mail: aheckaman@bchlaw.com
13 onewheel@bchlaw.com
14 Anya Fuchs
PEARCE LEWIS LLP
15 423 Washington Street, Suite 510
San Francisco, CA 94111
16 Telephone: (415) 964-5225
(510) 685-9717
17 Facsimile: (415) 830-9879
E-mail: anya@pearcelewis.com
18 PLOnewheel@pearcelewis.com
19
BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be
20 sent from e-mail address gmohr@hansonbridgett.com to the persons at the e-mail addresses listed in the
Service List. I did not receive, within a reasonable time after the transmission, any electronic message or
21 other indication that the transmission was unsuccessful.
22 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
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Executed on May 20, 2024.
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26 Grace M. Mohr
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DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR
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20853794.1
Preview
1 NILAN JOHNSON LEWIS PA JOHN J. WACKMAN – Pro Hac Vice Forthcoming 2 jwackman@nilanjohnson.com 3 CHRISTINE M. MENNEN – Pro Hac Vice cmennen@nilanjohnson.com 4 KATHLEEN K. CURTIS – Pro Hac Vice Forthcoming 250 Marquette Avenue South, Suite 800 5 Minneapolis, MN 55401 Telephone: (612) 305-7500 6 Facsimile: (612) 305-7501 7 HANSON BRIDGETT LLP 8 SHANNON M. NESSIER, SBN 267644 snessier@hansonbridgett.com 9 KAYLEN KADOTANI, SBN 294114 kkadotani@hansonbridgett.com 10 CARSON R. NIELLO, SBN 329970 11 cniello@hansonbridgett.com 425 Market Street, 26th Floor 12 San Francisco, California 94105 Telephone: (415) 777-3200 13 Facsimile: (415) 541-9366 14 Attorneys for Defendant 15 FUTURE MOTION, INC. 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 COUNTY OF SANTA CRUZ, UNLIMITED CIVIL 18 Myles Allingham v. Future Motion, Inc., et al. JCCP Proceeding No. 5305 19 (SCSC Case No. 22CV00518) ASSIGNED FOR ALL PURPOSES TO 20 JUDGE SYDA K. COGLIATI, DEPT. 5 COORDINATION PROCEEDING SPECIAL 21 TITLE [Rule 3.550] MASTER LONG FORM ANSWER BY 22 DEFENDANT FUTURE MOTION, INC., In re: FUTURE MOTION ONEWHEEL AS TO MASTER LONG FORM CASES 23 COMPLAINT FOR DAMAGES AND THIS DOCUMENT RELATES TO ALL DEMAND FOR JURY TRIAL 24 CASES 25 26 Defendant Future Motion, Inc., (hereinafter “Future Motion” or “Defendant”), for its Master 27 Long Form Answer to the Master Long Form Complaint for Damages and Demand for Jury Trial (the 28 “Master Complaint”) filed by Plaintiffs in the Judicial Council Coordination Proceeding (JCCP) No. DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 5305, In re: Future Motion Onewheel Cases, states and alleges as follows: 2 Defendant reserves the right to file an individual Answer to any Long Form Master and/or 3 Short Form Complaint filed by any Plaintiff in this matter. 4 PRELIMINARY STATEMENT 5 Future Motion’s Master Long Form Answer does not waive any affirmative defense that could 6 be asserted, nor does it constitute an admission of any allegation or any claim. This Master Answer is 7 intended to respond to the Master Long Form Complaint; Future Motion does not intend this Master 8 Long Form Answer to in any way to waive any affirmative defenses or denials that may have been set 9 forth in its Answer to any action before such action was transferred to this coordinated proceeding. 10 Future Motion reserves the right to later move to dismiss counts alleged in the Master Complaint (at 11 the appropriate time in any Plaintiff’s individual action), move to dismiss counts alleged in any 12 individual Complaint, later assert additional affirmative defenses in individual actions, file an 13 Amended Answer, file a demurrer or motion to strike within the time permitted by the California Code 14 of Civil Procedure, or an Individual Answer to address specifically any individual Complaints, or 15 otherwise challenge the sufficiency of any claim or cause of action in any Complaint under the 16 applicable state’s law. Future Motion has not admitted the allegations set forth in the Master 17 Complaint and Short Form Complaints, nor conceded or waived the right to dispute the legal validity 18 of the claims alleged therein. 19 GENERAL DENIAL 20 Pursuant to the provisions of California Code of Civil Procedure Section 431.30, Future 21 Motion denies, generally and specifically, each and every allegation, statement, matter and 22 purported cause of action contained in the Master Complaint and each and every part thereof, 23 including denying that Plaintiffs were damaged in the manner or sums alleged, or in any way at all. 24 Future Motion denies that any act, omission, fault or conduct on its part caused any injury or 25 damage to the Plaintiffs in any manner or amount. Future Motion denies that it was at fault in any 26 way, has any liability on any of Plaintiffs’ claims, including for negligence, strict liability, design 27 defect, manufacturing defect, failure to warn, negligent design, negligent recall/retrofit, survival 28 -1- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 and wrongful death, punitive damages, or otherwise has any liability or responsibility for any of 2 the allegations or claims in this case. 3 AFFIRMATIVE DEFENSES 4 Defendant pleads the following separate defenses in response to Plaintiffs’ Master 5 Complaint. Defendant reserves the right to amend or withdraw any or all defenses or to raise any 6 and all additional defenses as or after they may become known during the course of investigation, 7 discovery or trial. 8 No assertion of any affirmative defense shall constitute either (a) an admission that Plaintiff 9 does not bear the burden of proof or the burden of producing evidence on any element of any cause 10 of action or claim for relief, or on any issue as to which a plaintiff bears the burden of proof or the 11 burden of producing evidence as a matter of law, or (b) a waiver of any defendant's right to require 12 that Plaintiff satisfy any burden of proof or burden of producing evidence. 13 FIRST AFFIRMATIVE DEFENSE 14 (Failure to State a Claim) 15 The Master Complaint, and each and every claim and cause of action alleged therein, is 16 barred because the pleading fails to state a cause of action against Defendant. 17 SECOND AFFIRMATIVE DEFENSE 18 (Failure to Preserve Evidence) 19 The Master Complaint, and each and every claim and cause of action alleged therein, is 20 barred because Plaintiffs may have altered, spoliated or failed to preserve evidence without proper 21 notice to Defendant. 22 THIRD AFFIRMATIVE DEFENSE 23 (Statute of Limitations) 24 The Master Complaint may be barred, in whole or in part, by the applicable statute(s) of 25 limitations or repose, including, but not limited to Code of Civil Procedure sections 335.1, 337, 26 338, 339, 340, 583.210, 583.310, 583.410, and other applicable statutes and/or by any applicable 27 contractual time limitations for the commence of suit. 28 -2- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 FOURTH AFFIRMATIVE DEFENSE 2 (Laches) 3 The Master Complaint may be barred, in whole or in part, by the doctrine of laches. 4 FIFTH AFFIRMATIVE DEFENSE 5 (No Control Over Responsible Parties) 6 The Master Complaint, and each and every claim and cause of action alleged therein, is 7 barred because Plaintiffs’ damages, if any, were caused by the acts or omissions of third parties 8 over whom Defendant had no control and for whose acts Defendant is not responsible. 9 SIXTH AFFIRMATIVE DEFENSE 10 (Assumption of Risk) 11 The Master Complaint, and each and every claim and cause of action alleged therein, is 12 barred because Plaintiffs assumed the risk of any damages he/she/they may have sustained in both 13 the primary and secondary sense. 14 SEVENTH AFFIRMATIVE DEFENSE 15 (Open And Obvious) 16 The Master Complaint, and each and every claim and cause of action alleged therein, is 17 barred because Plaintiffs’ damages, if any, were the result of an open and obvious risk of which 18 Plaintiffs were or should have been aware. 19 EIGHTH AFFIRMATIVE DEFENSE 20 (Intervening and Superseding Cause) 21 The Master Complaint, and each and every claim and cause of action alleged therein, is 22 barred because Plaintiffs’ damages, if any, were the result of intervening and/or superseding acts 23 or negligence of persons, parties or entities over whom Defendant had no control. 24 NINTH AFFIRMATIVE DEFENSE 25 (Modification of Product(s)) 26 The Master Complaint, and each and every claim and cause of action alleged therein, is 27 barred because the product complained of was substantially modified, altered and/or damaged after 28 -3- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 it left Defendant’s control. 2 TENTH AFFIRMATIVE DEFENSE 3 (Misuse) 4 The Master Complaint, and each and every claim and cause of action alleged therein, is 5 barred because the incident and Plaintiffs’ damages, if any, were caused by the unforeseeable and 6 unanticipated misuse of the product. 7 ELEVENTH AFFIRMATIVE DEFENSE 8 (No Alternative Design) 9 The Master Complaint, and each and every claim and cause of action alleged therein, is 10 barred because at the time the product left the control of Defendant there was not a practical and 11 technically feasible alternative design that would have prevented the alleged harm without 12 substantially impairing the reasonably anticipated or intended function of the product. 13 TWELFTH AFFIRMATIVE DEFENSE 14 (Negligence or Comparative Fault of Others) 15 Plaintiffs’ injuries, if and to the extent they occurred, were caused by the comparative 16 negligence and/or comparative fault of other persons and/or entities, and therefore Plaintiffs’ 17 recovery, if any, must be reduced by the comparative fault of such other persons or entities. 18 THIRTEENTH AFFIRMATIVE DEFENSE 19 (Negligence or Comparative Fault of Plaintiff) 20 Plaintiffs’ injuries, if and to the extent they occurred, were caused or contributed to by 21 Plaintiffs’ own recklessness, carelessness, and/or negligence, and therefore Plaintiffs’ recovery, if 22 any, must be reduced by Plaintiffs’ comparative fault. 23 FOURTEENTH AFFIRMATIVE DEFENSE 24 (Unauthorized Use) 25 The Master Complaint, and each and every claim and cause of action alleged therein, is 26 barred because the incident and injury, if any, were caused by the unauthorized, unintended, or 27 improper use of the product complained of and as a result of the failure to exercise reasonable and 28 -4- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 ordinary care, caution or vigilance. 2 FIFTEENTH AFFIRMATIVE DEFENSE 3 (Disregard of Warnings) 4 The Master Complaint, and each and every claim and cause of action alleged therein, is 5 barred for failure to follow warnings and/or instructions provided by Defendant. 6 SIXTEENTH AFFIRMATIVE DEFENSE 7 (Waiver and Estoppel) 8 The Master Complaint, and each and every claim and cause of action alleged therein, is 9 barred by estoppel and/or waiver. 10 SEVENTEENTH AFFIRMATIVE DEFENSE 11 (No Breach) 12 The Master Complaint, and each and every claim and cause of action alleged therein, is 13 barred because Defendant did not breach any duty it may have owed to Plaintiffs. 14 EIGHTEENTH AFFIRMATIVE DEFENSE 15 (Compliance with the Law) 16 The Master Complaint, and each and every claim and cause of action alleged therein, is 17 barred because at all times relevant to this litigation, Defendant complied with all applicable laws, 18 regulations and standards. 19 NINETEENTH AFFIRMATIVE DEFENSE 20 (State of the Art) 21 The Master Complaint, and each and every claim and cause of action alleged therein, is 22 barred because the product was designed and manufactured consistent with the state of the art for 23 similar products at the time of its design and manufacture. 24 TWENTIETH AFFIRMATIVE DEFENSE 25 (Failure to Mitigate) 26 In the event a Plaintiff failed to mitigate his, her, or their damages, the Plaintiff is barred 27 from recovering those damages from Defendant. 28 -5- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 TWENTY-FIRST AFFIRMATIVE DEFENSE 2 (Setoff ) 3 Plaintiffs’ damages, if any, must be set off against any payments received from a 4 collateral source. Plaintiffs’ damages, if any, must be reduced in accordance with applicable law, 5 including but not limited to, Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.App.4th 6 541. 7 TWENTY-SECOND AFFIRMATIVE DEFENSE 8 (Force Majeure) 9 The Master Complaint, and each and every claim and cause of action alleged therein, is 10 barred because any injuries and/or losses alleged by Plaintiffs were caused in whole or in part 11 through the operation of nature or other intervening causes or both. 12 TWENTY-THIRD AFFIRMATIVE DEFENSE 13 (No Damages) 14 The Master Complaint, and each and every claim and cause of action alleged therein, is 15 barred because Plaintiffs have neither incurred nor paid any medical expenses as alleged. 16 TWENTY-FOURTH AFFIRMATIVE DEFENSE 17 (Settlement Offsets) 18 Defendant is entitled to a setoff amount for all sums of money recovered by or on behalf of 19 any Plaintiff by way of any settlement, judgment or otherwise which were entered into or received 20 by the Plaintiff from any party or non-party in this action. 21 TWENTY-FIFTH AFFIRMATIVE DEFENSE 22 (Evidence Barred) 23 If Plaintiffs or any other party has failed or fails to preserve evidence pertaining to the 24 allegedly defective product, then Plaintiffs and/or the other party may not introduce evidence 25 related to or based upon such lost, destroyed or altered evidence and, therefore, some or all of the 26 claims asserted by Plaintiffs and/or other parties may be barred. 27 /// 28 -6- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 TWENTY-SIXTH AFFIRMATIVE DEFENSE 2 (Standing) 3 The Master Complaint is barred, in whole or in part, because Plaintiffs lack standing to 4 pursue one or more of the causes of actions asserted. 5 TWENTY-SEVENTH AFFIRMATIVE DEFENSE 6 (Punitive Damages Limitations) 7 For Plaintiffs’ claim for punitive damages, Defendant specifically incorporates by reference 8 any and all standards of limitations regarding the determination and/or enforceability of punitive 9 damages awards that arose in the decisions of BMW of No. America v. Gore, 517 U.S. 559 (1996); 10 Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424 (2001); State Farm Mut. 11 Auto Ins. Co. v. Campbell, 123 S. Ct. 1513 (2003); and Exxon Shipping Co. v. Baker, No. 07-219, 12 2008 U.S. LEXIS 5263 (U.S. June 25, 2008) and their progeny, as well as other similar cases under 13 both federal and state law. 14 TWENTY-EIGHTH AFFIRMATIVE DEFENSE 15 (Punitive Damages Unconstitutional) 16 No Plaintiff is entitled to punitive damages because an award of punitive damages violates 17 the Fifth and Fourteenth Amendments to the United States Constitution and the applicable State’s 18 Constitution. 19 TWENTY-NINTH AFFIRMATIVE DEFENSE 20 (No Entitlement to Punitive Damages) 21 The Master Complaint fails to properly state a claim for punitive damages under Cal. Civ. 22 Code sections 3294, et seq., or otherwise. 23 THIRTIETH AFFIRMATIVE DEFENSE 24 (Several Liability for Noneconomic Damages) 25 Defendant contends that if liability is assessed against it, pursuant to Civil Code section 26 1431 et seq., it shall be liable only for the amount of non-economic damages allocated to it in direct 27 proportion to the percentage of fault assessed against it by the trier of fact. Further, Defendant 28 -7- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 requests that a separate judgment be rendered against it for that amount; but Defendant, in setting 2 forth this affirmative defense, makes no admission that it is liable to Plaintiffs in any amount or in 3 any proportion; and Defendant, in setting forth this affirmative defense, makes no admission that 4 Plaintiffs have been damaged in any sum or sums at all. 5 THIRTY-FIRST AFFIRMATIVE DEFENSE 6 (Defendant Fulfilled Duty to Warn) 7 The Master Complaint, and each and every claim and cause of action alleged therein, is 8 barred because Defendant discharged its duty to warn of dangers embodied in the subject product, 9 if any such duty or dangers existed, by providing adequate warnings and instructions to Plaintiffs. 10 THIRTY-SECOND AFFIRMATIVE DEFENSE 11 (Lack of Causation) 12 The Master Complaint is barred, in whole or in part, because Plaintiffs cannot establish that 13 the conduct of Defendant was the cause in fact or the proximate cause of any injuries or damages 14 alleged by Plaintiffs. 15 THIRTY-THIRD AFFIRMATIVE DEFENSE 16 (Inherent Risk - No Duty) 17 Defendant alleges that Plaintiffs’ alleged injuries and damages, if any, resulted from 18 inherent risks of the activity in which Plaintiffs voluntarily engaged and as to which Defendant 19 owed no duty. 20 THIRTY-FOURTH AFFIRMATIVE DEFENSE 21 (Reservation of Affirmative Defense) 22 Defendant reserves the right to amend its Answer and to rely upon affirmative defenses as 23 may hereafter be disclosed by further investigation and discovery. 24 PRAYER FOR RELIEF 25 WHEREFORE, Defendant prays that: 26 a. Plaintiffs’ Master Complaint and accompanying Short Form Complaints be 27 dismissed with prejudice, that Plaintiffs take nothing thereby, and that judgment be entered against 28 -8- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 Plaintiffs and in favor of Defendant; 2 b. Defendant be awarded its costs and reasonable attorneys’ fees incurred in 3 connection with the defense of this action; and 4 c. Defendant be awarded such other and further relief as the Court deems just and 5 proper. 6 DATED: May 20, 2024 NILAN JOHNSON LEWIS PA 7 8 By: /s/ Christine M. Mennen 9 CHRISTINE M. MENNEN Attorneys for Defendant 10 FUTURE MOTION, INC. 11 12 DATED: May 20, 2024 HANSON BRIDGETT LLP 13 14 By: /s/ Kaylen Kadotani 15 SHANNON M. NESSIER KAYLEN KADOTANI 16 CARSON R. NIELLO Attorneys for Defendant 17 FUTURE MOTION, INC. 18 19 20 21 22 23 24 25 26 27 28 -9- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 2 DEMAND FOR JURY TRIAL. 3 Defendant FUTURE MOTION, INC. hereby demands a jury trial in the above-entitled 4 action as to all causes of action that may be tried before a jury. 5 DATED: May 20, 2024 NILAN JOHNSON LEWIS PA 6 7 By: /s/ Christine M. Mennen 8 CHRISTINE M. MENNEN Attorneys for Defendant 9 FUTURE MOTION, INC. 10 11 DATED: May 20, 2024 HANSON BRIDGETT LLP 12 13 By: /s/ Kaylen Kadotani 14 SHANNON M. NESSIER KAYLEN KADOTANI 15 CARSON R. NIELLO Attorneys for Defendant 16 FUTURE MOTION, INC. 17 18 19 20 21 22 23 24 25 26 27 28 -10- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1 1 PROOF OF SERVICE 2 COORDINATION PROCEEDING SPECIAL TITLE [Rule 3.550] In re: FUTURE MOTION ONEWHEEL CASES 3 County of Santa Cruz, JCCP Proceeding No. 5305 4 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is 425 Market Street, 26th Floor, 5 San Francisco, CA 94105. 6 On May 20, 2024, I served true copies of the following document(s) described as: 7 MASTER LONG FORM ANSWER BY DEFENDANT FUTURE MOTION, INC., AS TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL . 8 on the interested parties in this action as follows: 9 Aaron M. Heckaman Plaintiffs’ Co-Liaison Counsel 10 BAILEY COWAN HECKAMAN PLLC 1360 Post Oak Boulevard, Suite 2300 11 Houston, TX 77056 Telephone: (713) 425-7100 12 Facsimile: (713) 425-7101 E-mail: aheckaman@bchlaw.com 13 onewheel@bchlaw.com 14 Anya Fuchs PEARCE LEWIS LLP 15 423 Washington Street, Suite 510 San Francisco, CA 94111 16 Telephone: (415) 964-5225 (510) 685-9717 17 Facsimile: (415) 830-9879 E-mail: anya@pearcelewis.com 18 PLOnewheel@pearcelewis.com 19 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be 20 sent from e-mail address gmohr@hansonbridgett.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or 21 other indication that the transmission was unsuccessful. 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 Executed on May 20, 2024. 24 25 26 Grace M. Mohr 27 28 -11- DEFENDANT FUTURE MOTION', INC.’S MASTER ANSWER TO MASTER LONG FORM COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 20853794.1