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John Doe 123 Main Street Colorado Springs, CO 80901

CIVIL COURT OF EL PASO COUNTY

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Heather Andersen, Plaintiff, vs. Joseph Burton, Defendant

Case No.: 123456-123

ANSWER

COMES NOW the Defendant Joseph Burton in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows: Answering the allegations of Paragraphs 1-4 of the Complaint herein, Defendant affirms all facts. Answering the allegations of Paragraph 5 of the Complaint herein, Defendant affirms that both automobiles entered the intersection at the same time, but denies that the eastbound Uintah Avenue traffic light had actually turned red when he entered the intersection. Defendant alleges that Plaintiff had actually entered the intersection before the northbound Pikes Peak Avenue stoplight turned green Answering the allegations of Paragraphs 6-7 of the Complaint herein, Defendant affirms all facts. Answering the allegations of Paragraph 8-11 of the Complaint herein, Defendant denies that Plaintiff was severely injured and taken from the scene of the accident in an ambulance. Moreover, Defendant alleges that Plaintiff called a taxicab to come pick her up and take her home after the towing service took her automobile. Defendant further alleges that he saw Plaintiff in her front yard at 987 Nonesuch Ave, Colorado Springs on or about October 3, 2012, walking normally and chatting with her neighbors.

Answer - 1

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Answering Count 1 Negligence Per Se of the Complaint herein, Defendant denies all allegations. On or about October 1, 2012, Defendant was involved in an automobile accident wherein he had the right of way as the eastbound stoplight had not yet turned red. Defendants actions were neither the proximate cause nor the cause-in-fact of the injuries sustained by the Plaintiff in that accident. The proximate cause was Plaintiff recklessly entering the intersection before she had the right of way. The Defendant now brings forth the following Affirmative Defenses: DEFENSE 1 Contributory Negligence Defendant answering the Complaint herein, alleges that all allegations and counts brought forth therein are the result of the Plaintiffs negligence and the Defendant is not liable for the damages. WHEREFORE, Defendant prays that the Plaintiff take nothing and the Defendant have judgment against the Plaintiff and recover the costs of suit herein, and such other relief the court may deem proper.

Dated this 20th day of October, 2012

John Doe 123 Main St Colorado Springs, CO 80901

Answer - 2