On November 02, 2021 a
ANS DEF
was filed
involving a dispute between
Miclescu, Ionut,
and
Williams, Mark A,
for Statement of Claim*
in the District Court of Gwinnett County.
Preview
IN THE MAGISTRATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
Ionut Miclescu, )
)
Plaintiff, )
)
v. ) CIVIL ACTION
) FILE NO. 21-M-30897
Mark A. Williams, )
)
Defendant. )
ANSWER AND DEFENSES OF DEFENDANT MARK A. WILLIAMS
COMES NOW Defendant, Mark A. Williams, and answers the Complaint of Plaintiff
Ionut Miclescu, as follows:
FIRST DEFENSE
The failure to specifically state items of special damages sought in this action bars their
recovery in this action as set forth in O.C.G.A. § 9-11-9(g).
SECOND DEFENSE
The Plaintiff's Complaint fails to state a claim against the Defendant upon which relief
can be granted.
THIRD DEFENSE
The Complaint is barred by the applicable statute of limitations.
FOURTH DEFENSE
Plaintiff, Ionut Miclescu, is guilty of laches and therefore Plaintiff's complaint against
Mark A. Williams, Defendant, should be dismissed.
FIFTH DEFENSE
The Defendant answers the specific allegations contained in the Complaint as follows:
-1-
1.
Defendant is without sufficient information and knowledge to either admit or deny the
allegations contained in Paragraph 1 of Plaintiff’s Complaint. To the extent a response is
required, they are denied.
2.
Defendant admits the allegations contained in Paragraph 2 of Plaintiff’s Complaint.
3.
Defendant admits the allegations contained in Paragraph 3 of Plaintiff’s Complaint.
4.
Defendant admits only that he was the driver of a vehicle that made contact with the
vehicle driven by Plaintiff on November 4, 2019 at the address specified in Paragraph 4 of
Plaintiff’s Complaint. The remainder of the allegations contained in Paragraph 4 of Plaintiff’s
Complaint are denied.
5.
Defendant denies the allegations contained in Paragraph 5 of Plaintiff’s Complaint.
6.
Defendant denies the allegations contained in Paragraph 6 of Plaintiff’s Complaint.
7.
Defendant denies the allegations contained in Paragraph 7 of Plaintiff’s Complaint.
8.
Defendant denies the allegations contained in Paragraph 8 of Plaintiff’s Complaint.
9.
Defendant is without sufficient information and knowledge to either admit or deny the
allegations contained in Paragraph 9 of Plaintiff’s Complaint. To the extent a response is
-2-
required, they are denied.
10.
Defendant denies the allegations contained in Paragraph 10 of Plaintiff’s Complaint.
11.
Defendant denies the allegations contained in Paragraph 11 of Plaintiff’s Complaint.
12.
Defendant denies the allegations contained in Paragraph 12 of Plaintiff’s Complaint.
13.
Defendant denies the allegations contained in Paragraph 13 of Plaintiff’s Complaint.
Any and all allegations contained in the Plaintiff's Complaint not heretofore admitted to
are hereby expressly denied.
WHEREFORE, having answered, Defendant demands judgment dismissing the
Complaint with all costs cast upon the Plaintiff.
This 17th day of March, 2022.
Respectfully submitted,
Lynn Leonard & Associates
___________________________________
Danielle M. Fargione
Georgia Bar Number: 893916
Attorney for Defendant
2400 Century Parkway
Suite 200
Atlanta, GA 30345
(404) 728-5400
EMPLOYEES OF THE LAW DEPARTMENT
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served all counsel to this action with a copy of the
foregoing Answer and Defenses of Defendant in the above-styled case by electronically filing
and emailing through Odyssey eFileGA.
Francis H. Padron
Virguez Law, LLC
3675 Crestwood Parkway
Suite 210
Duluth, GA 30096
This 17th day of March, 2022.
___________________________________
Danielle M. Fargione
Georgia Bar Number: 893916
Attorney for Defendant
Lynn Leonard & Associates
2400 Century Parkway
Suite 200
Atlanta, GA 30345
danielle.fargione@statefarm.com
(404) 728-5400
-4-
Document Filed Date
March 17, 2022
Case Filing Date
November 02, 2021
Category
Statement of Claim*
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IN THE MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA Ionut Miclescu, ) ) Plaintiff, ) ) v. ) CIVIL ACTION ) FILE NO. 21-M-30897 Mark A. Williams, ) ) Defendant. ) ANSWER AND DEFENSES OF DEFENDANT MARK A. WILLIAMS COMES NOW Defendant, Mark A. Williams, and answers the Complaint of Plaintiff Ionut Miclescu, as follows: FIRST DEFENSE The failure to specifically state items of special damages sought in this action bars their recovery in this action as set forth in O.C.G.A. § 9-11-9(g). SECOND DEFENSE The Plaintiff's Complaint fails to state a claim against the Defendant upon which relief can be granted. THIRD DEFENSE The Complaint is barred by the applicable statute of limitations. FOURTH DEFENSE Plaintiff, Ionut Miclescu, is guilty of laches and therefore Plaintiff's complaint against Mark A. Williams, Defendant, should be dismissed. FIFTH DEFENSE The Defendant answers the specific allegations contained in the Complaint as follows: -1- 1. Defendant is without sufficient information and knowledge to either admit or deny the allegations contained in Paragraph 1 of Plaintiff’s Complaint. To the extent a response is required, they are denied. 2. Defendant admits the allegations contained in Paragraph 2 of Plaintiff’s Complaint. 3. Defendant admits the allegations contained in Paragraph 3 of Plaintiff’s Complaint. 4. Defendant admits only that he was the driver of a vehicle that made contact with the vehicle driven by Plaintiff on November 4, 2019 at the address specified in Paragraph 4 of Plaintiff’s Complaint. The remainder of the allegations contained in Paragraph 4 of Plaintiff’s Complaint are denied. 5. Defendant denies the allegations contained in Paragraph 5 of Plaintiff’s Complaint. 6. Defendant denies the allegations contained in Paragraph 6 of Plaintiff’s Complaint. 7. Defendant denies the allegations contained in Paragraph 7 of Plaintiff’s Complaint. 8. Defendant denies the allegations contained in Paragraph 8 of Plaintiff’s Complaint. 9. Defendant is without sufficient information and knowledge to either admit or deny the allegations contained in Paragraph 9 of Plaintiff’s Complaint. To the extent a response is -2- required, they are denied. 10. Defendant denies the allegations contained in Paragraph 10 of Plaintiff’s Complaint. 11. Defendant denies the allegations contained in Paragraph 11 of Plaintiff’s Complaint. 12. Defendant denies the allegations contained in Paragraph 12 of Plaintiff’s Complaint. 13. Defendant denies the allegations contained in Paragraph 13 of Plaintiff’s Complaint. Any and all allegations contained in the Plaintiff's Complaint not heretofore admitted to are hereby expressly denied. WHEREFORE, having answered, Defendant demands judgment dismissing the Complaint with all costs cast upon the Plaintiff. This 17th day of March, 2022. Respectfully submitted, Lynn Leonard & Associates ___________________________________ Danielle M. Fargione Georgia Bar Number: 893916 Attorney for Defendant 2400 Century Parkway Suite 200 Atlanta, GA 30345 (404) 728-5400 EMPLOYEES OF THE LAW DEPARTMENT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY -3- CERTIFICATE OF SERVICE This is to certify that I have this day served all counsel to this action with a copy of the foregoing Answer and Defenses of Defendant in the above-styled case by electronically filing and emailing through Odyssey eFileGA. Francis H. Padron Virguez Law, LLC 3675 Crestwood Parkway Suite 210 Duluth, GA 30096 This 17th day of March, 2022. ___________________________________ Danielle M. Fargione Georgia Bar Number: 893916 Attorney for Defendant Lynn Leonard & Associates 2400 Century Parkway Suite 200 Atlanta, GA 30345 danielle.fargione@statefarm.com (404) 728-5400 -4-