Krista Port

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

CASE TYPE: WRD

Carole Burns, trustee for the next of )

kin of Edmund Burns, decedent, and )
Carol Burns, individually, )
)
Plaintiffs, )
)
vs. ) ANSWER AND CROSS CLAIM
)
Harry’s Cement Mix, Inc., a Minnesota )
Corporation, and Clifford Marcus, )
) Court File No. 00-276
Defendants. )

Defendant Clifford Marcus, for his answer to the Complaint of the Plaintiffs herein, states

as follows:

I.

He admits paragraphs I, II, III, V, and IX of Plaintiffs’ Complaint.

II.

He denies paragraph IV of Plaintiffs’ Complaint.

III.

He denies that he was negligent as alleged in paragraph VI of said Complaint.

IV.

He is without sufficient information to form a belief as to the truth or falsity of Plaintiffs’

allegation as to Plaintiff Edmund Burns being injured as found in paragraph VI, and puts

Plaintiffs’ to their proof thereof.

 V.

He is without sufficient information to form a belief as to the truth or falsity of

paragraphs VII, VIII, IX, and X and puts Plaintiffs to their proof thereof; and further states that

in the event Plaintiffs suffered damages as alleged, such damages were the result of the

negligence of Plaintiff Edmund Burns.

VI.

Except as admitted or otherwise qualified herein, Defendant Clifford Marcus denies each

and every allegation in said Complaint contained.

CROSS CLAIM

Defendant Clifford Marcus, for his cross claim against Harry’s Cement Mix Inc., states

and alleges as follows:

I.

That at the time and place referred to in Plaintiffs’ Complaint, this answering Defendant

was in the course and scope of his employment with Defendant, Harry’s Cement Mix, Inc., and

as a result of his employment, he is entitled to indemnity and/or contribution for the payment of

any damages adjourned against him on behalf of Plaintiffs from Defendant, Harry’s Cement Mix

Inc.

WHEREFORE, Defendant Clifford Marcus prays for judgment as follows:

1. Dismissing the Complaint of the Plaintiffs against this answering defendant.

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 2. In the event Plaintiffs are awarded judgment against this answering Defendant, he is
entitled to judgment against Defendant, Harry’s Cement Mix, Inc., for indemnity and/or
contribution thereof.

3. For such other and further relief as to the Court may deem just and equitable.

STEPHENS, BOWEN & JANSEN

____________________________________
Mavis M. Pattee
Attorney for Plaintiff
1601 Jefferson Street
Alexandria, MN 56308
Tele: (320) 762-4516
Atty. Reg. No. 77-7777

STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )

Clifford Marcus, being duly sworn, deposes and states that he is the defendant and the
cross claimant in the above entitled action, that he has read the foregoing answer and cross claim,
and that every statement contained therein is within his personal knowledge and is true and
correct.

____________________________________
Clifford Marcus

Subscribed and sworn to before me this 14th day of February 2012.

____________________________________
Notary Public

The party(ies) upon whose behalf this pleading is submitted, by and through the
undersigned, hereby acknowledge(s) that sanctions may be imposed for a violation of Minn. Stat.
Section 549.211.

____________________________________
Mavis M. Pattee
Attorney for Defendant Clifford Marcus

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