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Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 1 of 11

0 R I G,1NAL
.,
AUG -5 107 ''

IN THE UNITED STATES DISTRICT COURT


FOR THE NOFSHEFtd DISTFICT OF GEC!F'CIF.
ATLANTA DI`IISION
"/ie'pputy Clerk

KATHRYN A . SWINGLE, Individually,


As Surviving Spouse, and as PERSONAL
REPRESENTATIVE of the ESTATE
of EDWARD R . SWINGLE,

Plaintiffs,
vs . Civil Action
File No .
EPPS AIR SERVICE, INC . ;
BOMBARDIER AEROSPACE
CORPORATION ; and BOMBARDIER 1 :03-CV-2356
INC .
Defendants .

ANSWER OF DEFENDANTS BOMBARDIER


AEROSPACE CORPORATION AND BOMBARDIER, INC .

Come now Bombardier Aerospace Corporation and Bombardier,

Inc ., (hereinafter referred r_ ., as the "Bombardier . " .


Defendant

and hereby make and file their Answer to the (-'omplaint f,-,r

Damages and Demand for Jury Trial filed by Plaintiff in the

above-referenced action, showing this Court as follows :

AFFIRMATIVE DEFENSES

First Affirmative Defense

Some or all of Plaintiff's claims against the Bombardier

Defendants may be barred as the Bombardier Defendants are riot

subject to the jurisdiction of this court .


Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 2 of 11

Second Affirmative Defense

Some or all of Plaintiff's claims against the Bombardier

Defendants may be hatred as venue is improper in this Court .

Third Affirmative Defense

Some or all of Plaintiff's claims against the Bombardier

Defendants may be haired to the extent that Plaintiff's claims

are barred by the applicable. =tatiites of limitation or

Fourth Affirmative Defense

The Bombardier Defendants hereby respond to the

specifically-numbered paragraphs in the Complaint as follows :

THE PARTIES

l .

The Bombardier Defendants are without information or

knowledge sufficient to form a belief as to the truth of the

matters asserted In Paragraph 1 .

The Bombardier Defendants are without irif_~rm~ti ::n or

knowledge sufficient to form ,y belief as to the truth -,f rr,-

matters asserted in Paragraph

2
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3 .

The Bombardier Defendants are without information or

knowledge sufficient to form a belief as to the truth of the

matters asserted in Paragraph 3 .

9 .

Defendant Bombardier Aerospace Corporation admits the

allegations contained iii Paragraph 9 .

5.

Defendant Bombardier, Inc . admits the allegations

in Paragraph 5 .

JURISDICTION AND VENUE

6.

The Bombardier Defendants admit the allegations contained

in Paragraph 6 only to the extent that they attempt to describe

the nature of Plaintiff's claims in this case ; however, the

Bombardier Defendants deny the allegations in Paragraph 6 to the

extent that they state cr imply that the Bombardier Defendants

were joint tortfeasors or are otherwise liable to Plaintirf in

any manner .

3
Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 4 of 11

7.

The Bombardier Defendants are without information or

knowledge sufficient to form. 3 belief as to the truth of the

allegaticns contained in Paragraph 7 .

9 .

Defendant Bombardier Aerospace Corporaricn admits t!-= -

is registered to do business within the State of Georgia and

that it has a registered agent for services in Pulton ^ountc,

Georgia . The Bombardier Defendants deny the remaining the

allegations contained in Paragraph b .

9.

Defendant Bombardier, Inc . denies the allegations cont<,ined

in Paragraph 9.

10 .

The Bombardier Defendants are without information or

knowledge sufficient to form a belief as to the truth .f r!-, .

allegations contained ire Paragraph 10 as they slate t~ tr~

purported residence of Defendant Ept,s Aii Service, In ;= ., anc!

accordingly the allegations contained in Paragraph 10 a :e :..--erred

denied by the Bombardier Defendants .

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Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 5 of 11

11 .

The Bombardier Defendants at" 1JitriOilt i'IY .21m ..'itl(~f? ; : ;r

knowledge sufficient to form a belief as to the truth of the:

allegations contained ii: Paragraph ii .

12 .

The Bombardier Defendants are without information or

knowledge sufficient to form n belief as to the truth of the

allegations contained in Farayraph ?2 .

1 3 .

The Bombardier Defendants are wit.!-ioot information or

knowledge sufficient to form a belief as to the truth of the

allegations contained in Paragraph 1? .

CLAIMS AGAINST EPPS AIR SERVICE, INC .

14 .

The Bombardier Defendants hereby incorporate and realLege

all of their affirmative defenses and responses to r^araqraphs 1-

13 herein as if expressly set north .

15 .

The Bombardier . dry wt riiout


Defendant=  ,~,-- rrnatio :-.

knowledge sufficient to form a belief -is t~ t-he trot! . - f A

allegations contained in Paragraph 75 .


Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 6 of 11

1b .

The Bombardier Defendants are without injormarjon or

knowledge SUffiCl°i:C to tor^, ,a belief d5 to Chc. truth .-f Eh -

allegations contamed in Paragraph !6 .

l i .

The Bombardier Defendants are without information or

knowledge sufficient to form a belief as to the truth of the

allegations contained in Paragraph 17 .

16 .

:he Bombardier Defendants are without information or

knowledge sufficient to form a belief as to the truth of r}- ;e

allegations contained in Faiaqraph 15 .

CLAIMS AGAINST BOMBARDIER INCORPORATION


AND BOMBARDIER AEROSPACE CORPORATION

19 .

The Bombardier Defendants hereby incorporate and reallege

ai .1 of their affirmative defenses and responses to Paragraphs i-

18 herein as if expressly set Earth .

20 .

The Bombardier Defendants deny the allegations contained in

Paragraph 20 as stated, but admit that Bombardier ReiospacP

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Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 7 of 11

Corporation is d wholly-owned subsidiary of Bombardier, Iris . ar:i

that Bombardier, Inc . is the manufacturer of the Challenger CL-

600 aircraft involved in this case .

21 .

The Bombardier Defendants deny the allegations contained in


Paragraph 21 .

22 .

The Bombardier Defendants deny the allegations contained in


Paragraph 22 .

CLAIMS AGAINST ALL DEFENDANTS

2 3 .

The Bombardier Defendants hereby incorporate and reall-cae

all of their affirmative defenses and responses to Paragraphs 1-

22 herein as if expressly set forth .

24 .

The Bombardier Defendants deny the allegations cenrainPd in


Paragraph 24 .

JS .

The Bombardier Defendants deny each and every alleg .,rion,

averment, matter, prayer i thing contained in F1_,i nriff'=

Complaint not herein specificalladmir_ted or i, ~!!-.

further deny that Plaintiff is entitled to any damages cr =irrv of

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Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 8 of 11

the relief prayed for therein ae. it respects the Ecn~l_ :~r .7ier

Defendants .

WHEREFORE, having fully answered, Defendants Bcmbardi :r

Aerospace Corporation and Bombardier, Inc . pray that Plaintiff's

Complaint be dismissed with prejudice, that Defendants

Bombardier Aerospace Corporation and Bombardier, Inc . b~

their attorneys' fees and casts incurred in this action, and

that Defendants Bombardier Aerospace Corporation and

Bombardier, Inc . have such other and further relief as this

court deems just and proper .

This -) ~ day of nuqust, -003 .

Respectfully submitted,

SMITH, GAMBRELL 5 RUSSELL, LLP

By :
01)avi M. n
Georgia Bar No . 086575
Matthew W . C1arE:e
Georgia Bar No . 127930

Attorneys for Defendants


Br;ml ;ardier Aerospace Cnrpcr-~r-Ml
and Enmbardier, Inc .
Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 9 of 11

Suite 3100, Promenade II


1230 Peachtree Street, N .E .
Atlanta, Georgia 30309- ;,59=
(904) 815-3500
Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 10 of 11

IN THE UNITED STATES Di ST1=:ICT ~:OURT


FOR THE NORTHERN DiS7'RIiT OF GEURvIA
ATLI .PiTA DIVISION

KATHRYN A . SWiNGLE, Individually, )


As Surviving Spouse, and as PERSONAL
REPRESENTATIVE of the ESTATE
of EDWARD R . SWINGLE,

Plaintiffs, )
VS . ! Civil Action
File No .
EPPS AIR SERVICE, INC . ; )
BOMBARDIER AEROSPACE
CORPORATION ; and BOMBARDIER
INC . )
.
Defendants )

CERTIFICATE OF SERVICE

I, Matthew W, Ciarke, counsel for Defendant., uo hexeb .:

certify that I have served all parties with the within and

foregoing "Answer" by mailing the same first class mall, postage

prepaid, properly addressed to the following at their last known

address :

Andrew P9 . Scherffius, Esy .


Scherffius, Baliard, Still r. Hyrss LL P
1201 Peachiree St ., NE, Suite 1018
Atlanta, Georgia ?0?61

Attorney fog : Plaintiff


Case 1:03-cv-02356-WBH Document 2 Filed 08/05/03 Page 11 of 11

And

Epps Air Service, Inc .


1 Aviation Way
Chamblee, Georgia 30391

This -~~day of August, 2003 .

I r-----
,.
Matthew . Clar e
Georgia Bar No . 127930

Attorneys for Defendants


Bombardier Aerospace Corporation
and Bombardier, Inc .

SMITH, GAMRRELL v kUSSELL


Suite 3100, Promenade II
1230 Peachtree Street, N .E .
Atlanta, Georgia 30 .09-3592
(909) 815-3500