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COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss. SUPERIOR COURT
C.A, NO. 1579CV00598
LORRAINE DANSBURY, )
Plaintiff, )
) HAupn,
v. ) Supgpet ‘Ny hCOuNr,
) BIC RCOuRT
BERKSHIRE POWER COMPANY, LLC, ) bee
FRANK LILL & SONS, and ) 12 206
BRAND ENERGY & INFRASTRUCTURE)
SERVICES, )
Defendants. ) RK Op, rs
)
DEFENDANT'S, BRAND ENERGY & INFRASTRUCTURE SERVICES,
ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT,
AFFIRMATIVE DEFENSES, AND REQUEST FOR A JURY TRIAL
Defendant, Brand Energy & Infrastructure Services (“Brand”), can neither
admit nor deny the allegations contained in this Paragraph and calls upon
the Plaintiff to prove the same.
Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
Admit to the extent that Brand has a location at 100 Burtt Road, Suite 113,
Andover, MA.
FACTS
Denied.
Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.10. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
11. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
12. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
13. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
14. Denied
15. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
16. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
17. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
18. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
19. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
20. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
21, Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
22, Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
23. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
24. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
25. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
26. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
27. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
28. Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.
29. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.30. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
31. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
32. The allegations referred to in this paragraph refer to a document which
will speak for itself, As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
33. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
34, The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
35. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
36. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
37. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
38. The allegations referred to in this paragraph refer to a document which
will speak for itself. As to the remaining allegations contained in this
paragraph, Brand can neither admit nor deny the allegations contained in
this Paragraph and calls upon the Plaintiff to prove the same.
39, Brand can neither admit nor deny the allegations contained in this
Paragraph and calls upon the Plaintiff to prove the same.COUNT I - NEGLIGENCE AGAINST BERKSHIRE POWER COMPANY, LLC
40. Brand repeats the previous responses to paragraphs 1-39 of this Answer as
set forth above.
41. This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
42. This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
43, This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
44. This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
COUNT II - NEGLIGENCE AGAINST FRANK LILL & SONS
45, Brand repeats the previous responses to paragraphs 1-44 of this Answer as
set forth above.
46. This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
47, This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
48, This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
49, This paragraph is directed to a defendant other than the Answering
defendant and, therefore, no response is required.
COUNT III - NEGLIGENCE AGAINST BRAND ENERGY &
INFRASTRUCTURE SERVICES
50. Brand repeats the previous responses to paragraphs 1-49 of.this Answer as
set forth above.
51. Brand states that the contract speaks for itself. And answering further,
Brand can neither admit nor deny the allegations contained in this
paragraph, and calls upon the Plaintiff to prove the same.
52. Brand states that the contract speaks for itself. And answering further, this
paragraph calls for a legal conclusion to which no response is required.
53. Denied.
AFFIRMATIVE DEFENSES
1. Brand states that the Second Amended Complaint fails to state a claim
upon which relief may be granted and should therefore be dismissed
pursuant to Mass. R. Civ. P. 12(b)(6).10.
11.
Brand states that the Plaintiff’s claims are barred by the doctrines of
unclean hands, laches, waiver and/or estoppel.
Brand states that the damages claimed by the Plaintiff were caused in
whole or in part by the Plaintiff, which may therefore not recover from
Brand.
Brand states that the damages claims by the Plaintiff were caused in whole
or in part by persons for whom Brand is not legally responsible, and the
Plaintiff may therefore not recover.
Brand denies that any act or omission on its part was negligent, and thus
the Plaintiff may not recover.
Brand states that the injuries or damage alleged were caused in whole or
in part by the Plaintiff's own negligence.
Brand states that the negligence of the Plaintiff was greater than the
negligence of the Defendant and for that reason, neither the Plaintiff nor
the co-Defendants are entitled to recover.
Brand states that there existed no actionable defect on the property giving
rise to the Plaintiff's alleged accident.
Brand states that it has performed and fulfilled all promises and
obligations it owed to the Plaintiff.
Brand states that Plaintiff's claims for negligence are barred by the
economic loss doctrine.
Brand hereby puts the Plaintiff on notice that it intends to rely upon such
further affirmative defenses as are developed during discovery and
reserves the right to amend this Answer accordingly.CLAIM FOR JURY TRIAL
Defendant, Brand Energy & Infrastructure Services, hereby demands a
trial by jury as to all issues so triable pursuant to Mass. R. Civ. P. 38. Further,
Brand requests that this Court dismiss the plaintiff's claims against it and award
it costs, interest, and attorneys’ fees incurred in the defense of this action.
Defendant,
BRAND ENERGY &
INFRASTRUCTURE SERIVCES,
lan Cole BBO #658236
KandSlegal.com
EY & SAMS, P.C.
225 Turnpike Road
Southborough, MA 01772
Tel. 608) 490-8500
Fax. (508) 490-8501 (fax)
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COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. SUPERIOR COURT C.A, NO. 1579CV00598 LORRAINE DANSBURY, ) Plaintiff, ) ) HAupn, v. ) Supgpet ‘Ny hCOuNr, ) BIC RCOuRT BERKSHIRE POWER COMPANY, LLC, ) bee FRANK LILL & SONS, and ) 12 206 BRAND ENERGY & INFRASTRUCTURE) SERVICES, ) Defendants. ) RK Op, rs ) DEFENDANT'S, BRAND ENERGY & INFRASTRUCTURE SERVICES, ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, AND REQUEST FOR A JURY TRIAL Defendant, Brand Energy & Infrastructure Services (“Brand”), can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. Admit to the extent that Brand has a location at 100 Burtt Road, Suite 113, Andover, MA. FACTS Denied. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same.10. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 11. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 12. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 13. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 14. Denied 15. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 16. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 17. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 18. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 19. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 20. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 21, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 22, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 23. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 24. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 25. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 26. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 27. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 28. Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 29. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same.30. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 31. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 32. The allegations referred to in this paragraph refer to a document which will speak for itself, As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 33. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 34, The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 35. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 36. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 37. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 38. The allegations referred to in this paragraph refer to a document which will speak for itself. As to the remaining allegations contained in this paragraph, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same. 39, Brand can neither admit nor deny the allegations contained in this Paragraph and calls upon the Plaintiff to prove the same.COUNT I - NEGLIGENCE AGAINST BERKSHIRE POWER COMPANY, LLC 40. Brand repeats the previous responses to paragraphs 1-39 of this Answer as set forth above. 41. This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. 42. This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. 43, This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. 44. This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. COUNT II - NEGLIGENCE AGAINST FRANK LILL & SONS 45, Brand repeats the previous responses to paragraphs 1-44 of this Answer as set forth above. 46. This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. 47, This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. 48, This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. 49, This paragraph is directed to a defendant other than the Answering defendant and, therefore, no response is required. COUNT III - NEGLIGENCE AGAINST BRAND ENERGY & INFRASTRUCTURE SERVICES 50. Brand repeats the previous responses to paragraphs 1-49 of.this Answer as set forth above. 51. Brand states that the contract speaks for itself. And answering further, Brand can neither admit nor deny the allegations contained in this paragraph, and calls upon the Plaintiff to prove the same. 52. Brand states that the contract speaks for itself. And answering further, this paragraph calls for a legal conclusion to which no response is required. 53. Denied. AFFIRMATIVE DEFENSES 1. Brand states that the Second Amended Complaint fails to state a claim upon which relief may be granted and should therefore be dismissed pursuant to Mass. R. Civ. P. 12(b)(6).10. 11. Brand states that the Plaintiff’s claims are barred by the doctrines of unclean hands, laches, waiver and/or estoppel. Brand states that the damages claimed by the Plaintiff were caused in whole or in part by the Plaintiff, which may therefore not recover from Brand. Brand states that the damages claims by the Plaintiff were caused in whole or in part by persons for whom Brand is not legally responsible, and the Plaintiff may therefore not recover. Brand denies that any act or omission on its part was negligent, and thus the Plaintiff may not recover. Brand states that the injuries or damage alleged were caused in whole or in part by the Plaintiff's own negligence. Brand states that the negligence of the Plaintiff was greater than the negligence of the Defendant and for that reason, neither the Plaintiff nor the co-Defendants are entitled to recover. Brand states that there existed no actionable defect on the property giving rise to the Plaintiff's alleged accident. Brand states that it has performed and fulfilled all promises and obligations it owed to the Plaintiff. Brand states that Plaintiff's claims for negligence are barred by the economic loss doctrine. Brand hereby puts the Plaintiff on notice that it intends to rely upon such further affirmative defenses as are developed during discovery and reserves the right to amend this Answer accordingly.CLAIM FOR JURY TRIAL Defendant, Brand Energy & Infrastructure Services, hereby demands a trial by jury as to all issues so triable pursuant to Mass. R. Civ. P. 38. Further, Brand requests that this Court dismiss the plaintiff's claims against it and award it costs, interest, and attorneys’ fees incurred in the defense of this action. Defendant, BRAND ENERGY & INFRASTRUCTURE SERIVCES, lan Cole BBO #658236 KandSlegal.com EY & SAMS, P.C. 225 Turnpike Road Southborough, MA 01772 Tel. 608) 490-8500 Fax. (508) 490-8501 (fax)