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Seymour Responds

Seymour Responds

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Seymour Responds
Seymour Responds

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Published by: ValleyIndyDotOrg on Jul 16, 2014
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NO: AAN-CV-14-6015474-S : SUPERIOR COURT

ANGELA BORELLI, ADMINISTRATRIX :
OF THE ESTATE OF BRANDON :
GIORDANO : J.D. OF ANSONIA/MILFORD

v. : AT MILFORD

OFFICER ANTHONY RENALDI, :
OFFICER MICHAEL JASMIN, :
SERGEANT WILLIAM KING AND :
TOWN OF SEYMOUR : MAY 6, 2014


ANSWER AND SPECIAL DEFENSES

COUNT ONE (Negligence as to defendants Anthony Renaldi and Michael Jasmin)

1-3. As to paragraphs 1, 2 and 3, this defendant does not have sufficient
knowledge or information upon which to base a belief or opinion about the truth of
the matters contained therein and, therefore, leaves the plaintiff to her burden of
proof.
4. Paragraph 4 is admitted.
5. As to paragraph 5, this defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
6-8. Paragraphs 6, 7 and 8 are admitted.
9-10. As to paragraphs 9 and 10, this defendant does not have sufficient
knowledge or information upon which to base a belief or opinion about the truth of
the matters contained therein and, therefore, leaves the plaintiff to her burden of
proof.

2
11. Paragraph 11 is admitted.
12. That portion of paragraph 12 which states: “At said time and place,
defendant Officer Renaldi turned his police cruiser around and attempted to “catch
up” to the silver Ford Mustang” is admitted. As to the remainder of paragraph 12, it is
denied.
13-21. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20 and 21 are denied.
22. That portion of paragraph 22 which states: “As a direct and proximate
result of the defendants’ negligence and the aforementioned collision” is denied. As to
the remainder of paragraph 22, this defendant does not have sufficient knowledge or
information upon which to base a belief or opinion and, therefore, leaves the plaintiff
to her burden of proof.
23. That portion of paragraph 23 which states: “As a direct and proximate
result of the defendants’ negligence” is denied. As to the remainder of paragraph 23,
this defendant does not have sufficient knowledge or information upon which to base
a belief or opinion and, therefore, leaves the plaintiff to her burden of proof.
24. That portion of paragraph 24 which states: “As a direct and proximate
result of the aforementioned negligence of the defendants” is denied. As to the
remainder of paragraph 24, this defendant does not have sufficient knowledge or
information upon which to base a belief or opinion and, therefore, leaves the plaintiff
to her burden of proof.
25. That portion of paragraph 25 which states: “As a direct and proximate
result of the aforementioned negligence of the defendants” is denied. As to the
remainder of paragraph 25, this defendant does not have sufficient knowledge or
information upon which to base a belief or opinion and, therefore, leaves the plaintiff

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to her burden of proof.

COUNT TWO (Negligence as to defendant William King)
1-20. The answers to paragraphs 1 through 20 of the First Count are hereby
incorporated and made the answers to paragraphs 1 through 20 of this Second Count,
as if fully set forth herein.
21-22. As to paragraphs 21 and 22, this defendant does not have sufficient
knowledge or information upon which to base a belief or opinion about the truth of
the matters contained therein and, therefore, leaves the plaintiff to her burden of
proof.
23. Paragraph 23 is denied.
24-27. The answers to paragraphs 22 through 25 of the First Count are hereby
incorporated and made the answers to paragraphs 22 through 25 of this Second
Count, as if fully set forth herein.

COUNT THREE (Liability as to Town of Seymour pursuant to C.G.S. § 52-557n)
1-25. The answers to paragraphs 1 through 25 of the First Count are hereby
incorporated and made the answers to paragraphs 1 through 25 of this Third Count,
as if fully set forth herein.
26-52. The answers to paragraphs 1 through 27 of the Second Count are
hereby incorporated and made the answers to paragraphs 26 through 52 of this Third
Count, as if fully set forth herein.
53. Paragraph 53 is denied.


4
COUNT FOUR (Liability as to Town of Seymour pursuant to C.G.S. §7-456)
1-25. The answers to paragraphs 1 through 25 of the First Count are hereby
incorporated and made the answers to paragraphs 1 through 25 of this Fourth Count,
as if fully set forth herein.
26-52. The answers to paragraphs 1 through 27 of the Second Count are
hereby incorporated and made the answers to paragraphs 1 through 27 of this Fourth
Count, as if fully set forth herein.
53-54. As to paragraphs 53 and 54, this defendant does not have sufficient
knowledge or information upon which to base a belief or opinion about the truth of
the matters contained therein and, therefore, leaves the plaintiff to her burden of
proof.


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BY WAY OF SPECIAL DEFENSES
AS TO COUNTS 1 – 3

1. The Plaintiffs claims are barred by governmental immunity, pursuant to
common law and CGS 52-557n

2. Plaintiff’s claims are barred by the contributory negligence of Plaintiff’s
decedent, Brandon Giordano, in one or more of the following ways:

a. Brandon Giordano voluntarily entered the 2000 Mustang
convertible operated by Eric Ramirez when he knew or should
have known that Eric Ramirez had a history of illegal and
negligent operation of his 2000 Mustang , including operating on
public roads at speeds approaching 130 mph, that Eric Ramirez
was actively breaking the law at the time Brandon Giordano
entered the subject Mustang and was likely to be arrested by the
first Police officer who saw the Mustang; that Eric Ramirez had a
history of engaging police in pursuit, rather than ceding to their
authority; and that Eric Ramirez would likely speed away from the
Police if he was caught breaking the law and travel at excessive
and dangerous speeds, and in a dangerous manner such as
without headlights, thereby subjecting himself to the risk of
serious injury or death, which in fact occurred.

b. Brandon Giordano voluntarily entered the 2000 Mustang
convertible operated by Eric Ramirez when he knew or should
have known that Eric Ramirez had a history of illegal and
negligent operation of his 2000 Mustang , including operating on
public roads at speeds approaching 130 mph, that Eric Ramirez
was actively breaking the law at the time Brandon Giordano
entered the subject Mustang and was likely to be arrested by the
first Police officer who saw the Mustang; that Eric Ramirez had a
history of engaging police in pursuit, rather than ceding to their
authority; that Eric Ramirez would likely speed away from the
Police if he was caught breaking the law and travel at excessive

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and dangerous speeds, and in a dangerous manner, and that he
was seated in the rear seat of a convertible car which lacked crash
protection, thereby subjecting himself to the risk of serious injury
or death in the event of a roll over or flipping of the Mustang,
which in fact occurred.

c. Brandon Giordano failed to act as would a reasonable prudent
person under the circumstances then and there availing.



DEFENDANTS,
OFFICER ANTHONY REGNALDI, OFFICER
MICHAEL JASMIN, SERGEANT WILLIAM
KING AND TOWN OF SEYMOUR



By___/s/ Thomas R. Gerarde______
Thomas R. Gerarde
Howd & Ludorf, LLC
65 Wethersfield Avenue
Hartford, CT 06114-1121
(860) 249-1361
(860) 249-7665 (Fax)
Juris No.: 28228


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CERTIFICATION

This is to certify that a copy of the foregoing has been sent to all counsel of
record this 6
th
day of May, 2014.

Steven J. Errante, Esq.
Lynch, Traub, Keefe & Errante
52 Trumbull Street
New Haven, CT 06510


__/s/ Thomas R. Gerarde________
Thomas R. Gerarde

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