On July 22, 2021 a
Answer
was filed
involving a dispute between
Glenda Lackey,
and
Fathi Express Llc,
Kevan Sybbis,
for V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
in the District Court of Litchfield County.
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DOCKET NO: LLI-CV21-6028689-S : SUPERIOR COURT
GLENDA LACKEY : J.D. OF LITCHFIELD
VS. : AT TORRINGTON
FATHI EXPRESS, LLC, ET AL : DECEMBER 13, 2021
ANSWER AND AFFIRMATIVE DEFENSE TO AMENDED PLAINTIFF’S
COMPLAINT DATED DECEMBER 13, 2021
1. Insufficient information and knowledge presently exist in which to respond to the
allegations currently plead; and accordingly, the proof is left to the pleader.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Insufficient information and knowledge presently exist in which to respond to the
allegations currently plead; and accordingly, the proof is left to the pleader.
7. Denied.
Law Office 8. Denied.
John P. Calabrese
500 Enterprise Drive, 2C
Rocky Hill, CT 06067 9. Insufficient information and knowledge presently exist in which to respond to the
Tel. (860) 256-2222
Fax (866) 265-9997
Juris No. 419054 allegations currently plead; and accordingly, the proof is left to the pleader
10. Insufficient information and knowledge presently exist in which to respond to the
allegations currently plead; and accordingly, the proof is left to the pleader
11. Denied.
12. Insufficient information and knowledge presently exist in which to respond to the
13. Insufficient information and knowledge presently exist in which to respond to the
allegations currently plead; and accordingly, the proof is left to the pleader.
14. Denied.
COUNT TWO:
1. – 14. Paragraphs 1. thru 14. of the FIRST COUNT are hereby incorporated &
made the Answers to these Paragraphs as though fully set forth herein.
15. Denied.
THIRD COUNT:
1.-15. Paragraphs 1. thru 15. of the SECOND COUNT are hereby incorporated &
made the Answers to these Paragraphs as though fully set forth herein.
Law Office 16. Admitted.
John P. Calabrese
500 Enterprise Drive, 2C 17. Admitted.
Rocky Hill, CT 06067
Tel. (860) 256-2222
Fax (866) 265-9997 18. Admitted.
Juris No. 419054
FOURTH COUNT:
1.-15. Paragraphs 1. thru 15. of the SECOND COUNT are hereby incorporated &
made the Answers to these Paragraphs as though fully set forth herein.
16. Denied.
17. Denied.
BY WAY OF AFFIRMATIVE DEFENSE
If the Plaintiff suffered the injuries and damages in the manner and to the extent alleged
in the complaint, said injuries and damages were proximately caused in whole or in part by the
Plaintiff(s)’ own negligence and carelessness including but not limited to in one or more of the
following ways:
1. Failing to keep a proper lookout for other vehicles;
2. Failing to take evasive action to avoid making contact with the vehicle;
3. Failing to keep the vehicle under control at all times;
4. Failing to apply the brakes or operated the vehicle with failed or inadequate
brakes;
5. Failing to operate the vehicle within a single lane of travel and moving the
vehicle from such lane when such movement could not be made safely;
6. By operating the vehicle at a rate of speed greater than was reasonable, having
due regard to the width, traffic, and use of the highway, road, the intersection of
streets and/or weather conditions including but not limited to violations of
statutory rules of the road including 14-218a, 14-219 &/or 14-222
7. Operated said vehicle while using a hand-held mobile telephone; mobile
Law Office electronic device or otherwise operated said vehicle in a distracted manner
John P. Calabrese
and/or in violation of §14-296aa of the C.G.S.;
500 Enterprise Drive, 2C
Rocky Hill, CT 06067
Tel. (860) 256-2222 8. Failing to grant the right of way &/or in violation of Section 14-295 of the
Fax (866) 265-9997 C.G.S.;
Juris No. 419054
9. By operating said vehicle in an improper way including but not limited to
making an unsafe lane change, improper movement &/or in violation of
Sections 14-230, 14-236, 14-237, 14-, 14-222 C.G.S.. 14-245 or other applicable
rules of the road; and
10. Otherwise operated said vehicle in a negligent and/or unreasonable manner
under all the circumstances then and there existing.
DEFENDANTS,
Rene G. Martineau
BY: #306941
RENE G. MARTINEAU, ESQ.
LAW OFFICE JOHN P. CALABRESE
CERTIFICATION
I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-
electronically on the above referenced date to all attorneys and self-represented parties of records and to all parties
who have not appeared in this matter and that written consent for electronic delivery was received from all
attorneys and self-represented parties receiving electronic delivery.
Frank J. McCoy, Esq.
McCoy & McCoy, LLC
20 Church Street, Suite 1720
Hartford, CT 06103
efile@mccoymccoy.com
Rene G. Martineau
#306941
RENE G. MARTINEAU, ESQ.
COMMISSIONER OF THE SUPERIOR COURT
Law Office
John P. Calabrese
500 Enterprise Drive, 2C
Rocky Hill, CT 06067
Tel. (860) 256-2222
Fax (866) 265-9997
Juris No. 419054
Document Filed Date
December 13, 2021
Case Filing Date
July 22, 2021
Category
V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s)
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DOCKET NO: LLI-CV21-6028689-S : SUPERIOR COURT GLENDA LACKEY : J.D. OF LITCHFIELD VS. : AT TORRINGTON FATHI EXPRESS, LLC, ET AL : DECEMBER 13, 2021 ANSWER AND AFFIRMATIVE DEFENSE TO AMENDED PLAINTIFF’S COMPLAINT DATED DECEMBER 13, 2021 1. Insufficient information and knowledge presently exist in which to respond to the allegations currently plead; and accordingly, the proof is left to the pleader. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Insufficient information and knowledge presently exist in which to respond to the allegations currently plead; and accordingly, the proof is left to the pleader. 7. Denied. Law Office 8. Denied. John P. Calabrese 500 Enterprise Drive, 2C Rocky Hill, CT 06067 9. Insufficient information and knowledge presently exist in which to respond to the Tel. (860) 256-2222 Fax (866) 265-9997 Juris No. 419054 allegations currently plead; and accordingly, the proof is left to the pleader 10. Insufficient information and knowledge presently exist in which to respond to the allegations currently plead; and accordingly, the proof is left to the pleader 11. Denied. 12. Insufficient information and knowledge presently exist in which to respond to the 13. Insufficient information and knowledge presently exist in which to respond to the allegations currently plead; and accordingly, the proof is left to the pleader. 14. Denied. COUNT TWO: 1. – 14. Paragraphs 1. thru 14. of the FIRST COUNT are hereby incorporated & made the Answers to these Paragraphs as though fully set forth herein. 15. Denied. THIRD COUNT: 1.-15. Paragraphs 1. thru 15. of the SECOND COUNT are hereby incorporated & made the Answers to these Paragraphs as though fully set forth herein. Law Office 16. Admitted. John P. Calabrese 500 Enterprise Drive, 2C 17. Admitted. Rocky Hill, CT 06067 Tel. (860) 256-2222 Fax (866) 265-9997 18. Admitted. Juris No. 419054 FOURTH COUNT: 1.-15. Paragraphs 1. thru 15. of the SECOND COUNT are hereby incorporated & made the Answers to these Paragraphs as though fully set forth herein. 16. Denied. 17. Denied. BY WAY OF AFFIRMATIVE DEFENSE If the Plaintiff suffered the injuries and damages in the manner and to the extent alleged in the complaint, said injuries and damages were proximately caused in whole or in part by the Plaintiff(s)’ own negligence and carelessness including but not limited to in one or more of the following ways: 1. Failing to keep a proper lookout for other vehicles; 2. Failing to take evasive action to avoid making contact with the vehicle; 3. Failing to keep the vehicle under control at all times; 4. Failing to apply the brakes or operated the vehicle with failed or inadequate brakes; 5. Failing to operate the vehicle within a single lane of travel and moving the vehicle from such lane when such movement could not be made safely; 6. By operating the vehicle at a rate of speed greater than was reasonable, having due regard to the width, traffic, and use of the highway, road, the intersection of streets and/or weather conditions including but not limited to violations of statutory rules of the road including 14-218a, 14-219 &/or 14-222 7. Operated said vehicle while using a hand-held mobile telephone; mobile Law Office electronic device or otherwise operated said vehicle in a distracted manner John P. Calabrese and/or in violation of §14-296aa of the C.G.S.; 500 Enterprise Drive, 2C Rocky Hill, CT 06067 Tel. (860) 256-2222 8. Failing to grant the right of way &/or in violation of Section 14-295 of the Fax (866) 265-9997 C.G.S.; Juris No. 419054 9. By operating said vehicle in an improper way including but not limited to making an unsafe lane change, improper movement &/or in violation of Sections 14-230, 14-236, 14-237, 14-, 14-222 C.G.S.. 14-245 or other applicable rules of the road; and 10. Otherwise operated said vehicle in a negligent and/or unreasonable manner under all the circumstances then and there existing. DEFENDANTS, Rene G. Martineau BY: #306941 RENE G. MARTINEAU, ESQ. LAW OFFICE JOHN P. CALABRESE CERTIFICATION I certify that a copy of this document was or will immediately be mailed or delivered electronically or non- electronically on the above referenced date to all attorneys and self-represented parties of records and to all parties who have not appeared in this matter and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery. Frank J. McCoy, Esq. McCoy & McCoy, LLC 20 Church Street, Suite 1720 Hartford, CT 06103 efile@mccoymccoy.com Rene G. Martineau #306941 RENE G. MARTINEAU, ESQ. COMMISSIONER OF THE SUPERIOR COURT Law Office John P. Calabrese 500 Enterprise Drive, 2C Rocky Hill, CT 06067 Tel. (860) 256-2222 Fax (866) 265-9997 Juris No. 419054