STATE OF COLUMBIA Mary E. Johnson, Plaintiff, v. Arthur Hendricks, Defendant.

CAPITOL COUNTY ) ) ) ) ) ) ) ) )



COUNT 1 Defendant, Arthur Hendricks, provides the following Answer to Plaintiff’s Complaint.
1. Defendant admits to paragraph 4. 2. Defendant denies the allegations in paragraph 5. 3. Defendant lacks knowledge sufficient to form a belief regarding the truth of the

allegation in paragraph 5. FIRST AFFIRMATIVE DEFENSE Plaintiff caused her own injuries, if any, by placing glass in her mouth and then proceeded to eat the glass and is therefore barred from recovery. SECOND AFFIRMATIVE DEFENSE Plaintiff was more than 50 percent negligent in causing the accident, and is therefore barred from recovery. COUNTERCLAIM FURTHER, AND BY WAY OF A COUNTERCLAIM, defendant, Hendricks, alleges as follows:

Hendricks incorporates by reference his responses to allegations as set forth above.


On, March 5th 2010 Plaintiff, Mary E. Johnson, purchased a chocolate éclair from defendant’s store located in Legalville, and left without incident from the store.


Plaintiff, Johnson, did not eat the éclair in the store. The Plaintiff took the wrapped and boxed chocolate éclair and left.


Defendant, Hendricks, does not use any glass products in the preparation of his desserts and states that are no glass products kept in the preparation and baking areas.

5. 6.

Plaintiff, Johnson, falsely accuses the defendant of placing glass in the éclair. The Plaintiff caused her own internal injuries and is attempting to use this suit to falsely gain money from the defendant. She slanderously told many people about the incident, which has affected the defendant’s life and business as storeowner.


As a result of Plaintiff’s fraudulent action of eating glass, she has caused her own internal injuries. She has further slandered the reputation of the defendant, causing a significant loss of business and revenue in the past two months.


By reason of the foregoing, defendant, Hendricks, has been damaged in the amount of $6,000.00 and in such further amounts as may be proven at trial.

WHEREFORE, Defendant demands judgment: (i) dismissing the Complaint in its entirety; (ii) awarding to Defendant the costs and disbursements of this action; (iii) awarding Defendant the relief requested in his Counterclaim; (iv) granting such other relief as this Court deems just and proper. Date: May 9, 2010 _______________________________ Jane Doe Doe Law Firm LLC 406 E. First Avenue Legalville, Columbia 55316 Phone: 612-555-0000 License Number: 123456

Grade 50 out of 50.0 Comments

Sandra - Very good! You did a great job on the Answer and Counterclaim. The content you provided is exactly what is needed to make a response. Your denials and admissions are well done, and the counterclaim is very well written. Very nice job! :) C. Kennedy, Paralegal Instructor

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