STATE OF INDIANA) COUNTY OF LAKE BILLY RACER and MARGIE RACER, Plaintiffs v.

MORGAN MILLY, Defendant ) SS: ) ) ) ) ) ) ) ) ) ) ) )

IN THE LAKE SUPERIOR COURT SITTING IN CROWN POINT, INDIANA

CAUSE NO 45D10-0809-CT-687

ANSWER, AFFIRMATIVE DEFENSES AND REQUEST FOR JURY TRIAL Comes now the Defendant, Morgan Milly, by counsel, Jessica Warren, of Pine & Saul, and for her Answer to Plaintiffs Complaint, alleges and states as follows: 1. With respect to rhetorical paragraph one of Plaintiffs Complaint, this Defendant has insufficient information to admit or deny the allegations contained therein, and therefore denies the same. 2. With respect to rhetorical paragraph two of Plaintiffs Complaint, this Defendant admits the allegations contained therein. 3. With respect to rhetorical paragraph three of Plaintiffs Complaint, this Defendant admits the allegations contained therein. 4. With respect to rhetorical paragraph four of Plaintiffs Complaint, this Defendant denies the allegations contained therein. 5. With respect to rhetorical paragraph five of Plaintiffs Complaint this Defendant denies the allegations contained therein.

6.

With respect to rhetorical paragraph six of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

7.

With respect to rhetorical paragraph seven of Plaintiffs Complaint this Defendant denies the allegations contained therein.

8.

With respect to rhetorical paragraph eight of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

9.

With respect to rhetorical paragraph nine of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

10.

With respect to rhetorical paragraph ten of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

11.

With respect to rhetorical paragraph eleven of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

12.

With respect to rhetorical paragraph twelve of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

13.

With respect to rhetorical paragraph thirteen of Plaintiffs Complaint, this Defendant denies the allegations contained therein.

14.

With respect to rhetorical paragraph fourteen of Plaintiffs Complaint, this Defendant denies the allegations contained therein. WHEREFORE, the Defendant respectfully requests that the Plaintiff take nothing against

her, for judgment in her favor and for all other relief just and proper in the premises. DEFENDANT DEMANDS TRIAL BY JURY

Respectfully Submitted,

___________________________ Jessica Warren Attorney ID 87632 222 Gerry Lane Valparaiso IN, 46383 AFFIRMATIVE DEFENSES Comes now the Defendant, by counsel, and for her Affirmative Defenses, alleges and states as follows: GENERAL DENIAL That said Defendant alleges and states that any allegation contained in the Complaint which is not specifically admitted, denied, or responded to, is hereby denied.

RIGHT TO SUPPLEMENT ANSWERS That said Defendant reserves any and all rights which the Defendant may have to raise additional defenses, affirmative or otherwise, that may develop in the course of discovery in this litigation. CONTRIBUTORY FAULT 1. That said Defendant alleges and states that Plaintiff was guilty of fault which caused or contributed to the happening of the incident alleged in the Complaint and therefore, the Plaintiffs damages are barred or diminished according to the apportion of his fault as provided by Indiana law.

2.

That said Defendant alleges and states that because Plaintiff was driving a company vehicle at the time of the accident, that Plaintiffs employer is also guilty of fault which cause or contributed to the happening of the incident alleged in the Complaint and therefore, the Plaintiffs damages are barred or diminished according to the apportion of his employers fault as provided by Indiana law. WHEREFORE, the Defendant respectfully requests that the Plaintiff take nothing against

her, for judgment in her favor and for all other relief just and proper in the premises. Respectfully submitted, ___________________________ Jessica Warren Attorney ID 87632 222 Gerry Lane Valparaiso IN, 46383 CERTIFICATE OF SERVICE I certify that on the 23 day of October, 2008, service of a true and complete copy of the above and foregoing pleading or paper was made upon each party or attorney of record herein by depositing the same in the United States Mail in envelopes properly addressed to each of them and with sufficient first class postage affixed.

BY: _________________________________

I have neither given nor received unauthorized aid.

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