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ANSWER
COMES NOW Anheuser Busch, defendant in the above cause, to file this answer to the original
petition of Justin King, plaintiff herein, and would respectfully show the Court as follows:
6. Plaintiff failed to exercise ordinary care in his own behalf with regard to the incident
alleged in plaintiff's complaint, in that, among other things, plaintiff failed to reduce
speed. Therefore, plaintiff's recovery, if any, from this defendant must be diminished in
proportion to the amount of negligence attributable to plaintiff.
a. By reducing his speed or swerving in a different direction, Plaintiff could have
avoided a collision.
7. Any damage plaintiff sustained was due to, or contributed to by, the acts of plaintiff, in
that he assumed the risk in connection with the accident alleged to have given rise to the
injuries by failing to mitigate damages by wearing the proper protective gear.
a. Although there is no helmet law in Illinois, wearing proper headgear would have
mitigated the damages the Plaintiff allegedly suffered. By choosing not to wear
protective headgear, Plaintiff assumed the risk of an accident happening.
b. Plaintiffs refusal to wear a helmet contributed to his injuries. Plaintiff assumed
the increased risk of injury by riding a motorcycle and by failing to wear proper
protective gear.
8. Plaintiff failed to exercise reasonable care for his own behalf by ignoring medical advice.
Plaintiff contributed to his own injuries by loosening the wires that held his jaw in place,
causing him further pain and requiring additional medical care. Therefore, Plaintiffs
recovery, if any, should be reduced to attribute to the amount of negligence the Plaintiff
was responsible for.
COUNTER-CLAIM
GENERAL ALLIGATIONS
10. Counterclaimant was driving Southbound on Interstate 57, going the same direction as
the Plaintiff, and in accordance with all traffic laws and procedures, at the same time
alleged in the Plaintiffs complaint.
11. Plaintiff was negligently riding a motorcycle, without a helmet, at the same time and
location as the Counterclaimant.
12. Defendant has reason to believe that Plaintiff purposely swerved into the falling cargo
because he wanted to cause intentional harm or even death.
13. Plaintiffs negligence caused $50,000 in damage to Defendants vehicle and $5,000 in
damage to Defendants cargo.
14. Defendant has reason to believe that the plaintiff is and was mentally unstable, prior to
his accident, and is possibly delusional. While in the hospital, Plaintiff ignored medical
advice and loosened the wires in his jaw, causing himself further injury. As a result,
doctors had to reset the Plaintiffs jaw because it was not healing properly.
15. Defendant should not be held liable for the majority of the Plaintiffs injuries due to the
fact that the Plaintiff refused the advice of medical personnel and further injured himself.
16. Defendant believes that due to his recent suicide attempt, the Plaintiff should be under the
care of a psychiatrist and is not mentally stable enough to continue with court
proceedings. Additionally, Defendant believes that the Plaintiff was not in the mindset
during the day of the accident.
1. That the court enters judgment dismissing the complaint: The plaintiff suing for
$100,000,000.
2. That defendant has judgment against plaintiff Justin King in the amount of $55,000;
3. That defendant be awarded costs incurred herein; for the injuries caused during the initial
accident.
4. Damages in the amount of $55,000
5. That defendant be awarded such other and further relief as the court deems just.
Dated: March 4, 2015
John Smith
IL Attorney License # 54321
Law Office of John Doe
234 Main Street
Chicago, IL 60601