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DISTRICT COURT,
COUNTY OF DENVER, COLORADO
Plaintiff: Kelley Klutz,
v.
Defendant and Third Party Plaintiff:
Worst Deal, Inc.,
v.
Third Party Defendant:
Slippery Tile Company, Inc.
COURT USE ONLY
Rip U. Awff
Attorney for Defendant
430 Herald Square, Suite 1022
Denver, CO 80203
303-555-3333
FAX: 303-522-3333
[email protected]
Registration #: 1444
Case Number: 07CV1002
Div.: 10 Ctrm.: 2
ANSWER AND THIRD PARTY COMPLAINT
The defendant, and third party plaintiff, Worst Deal, Inc., by
and through its counsel, Rip U. Awf,
for its Answer and Third Party Complaint states and alleges as
follows:
1. Defendant is without knowledge or information sufficient to
form a belief as to the truth of the
allegation contained in paragraph 1 of the Complaint, and
therefore, denies this allegation.
2. Defendant admits the allegation contained in paragraph 2 of
the plaintiff's Complaint.
3. Defendant denies the allegations contained in paragraphs 3,
4, 5, 6, 7, 8, 9, 10, and 11 of the
plaintiff's Complaint.
4. All other allegations of the plaintiff's Complaint that are
not specifically admitted are denied.
AFFIRMATIVE DEFENSES
5. The Complaint fails to state a claim upon which relief can be
granted.
6. The plaintiff's own negligence contributed or caused his
injuries.
THIRD PARTY COMPLAINT
1. Third party defendant, Slippery Tile Company, Inc., is
incorporated to do business in Colorado,
with its principal place of business located at 1400 Industrial
Avenue, Denver, Colorado 80201, and
third party defendant's registered agent is Jan Jones, who can
be served with process at the same
address.
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2. On October 12, 20__, Worst Deal, Inc., purchased vinyl floor
tile from Slippery Tile Company, Inc.,
for installation at the store located at 150 North Accident
Way.
3. In deciding to purchase the vinyl floor tile, Worst Deal,
Inc., relied on written and oral warranties
and representations that the vinyl floor tile, which was
manufactured by Slippery Tile Company, Inc.,
was "skid proof" and "safe even when wet."
4. On October 12, 20__, Worst Deal, Inc., paid $25,000.00 to
Slippery Tile Company, Inc., for the
purchase and installation of the vinyl floor tile, which was
subsequently installed on October 19, 20__.
5. On December 30, 20__, Kelley Klutz, the plaintiff in this
action, allegedly slipped and fell on tile
sold and installed by Slippery Tile Company, Inc.
6. Worst Deal, Inc., has been served with a Complaint for
damages allegedly incurred by Kelley Klutz,
and a copy of this Complaint is attached hereto as exhibit
"A".
7. This process should have been served upon Slippery Tile
Company, Inc., for its negligence and
strict liability in selling and installing defective floor
tile.
8. Any damages claimed by the plaintiff are a direct and
proximate result of the negligence of SlipperyTile Company, Inc.,
and should any damages be assessed against Worst Deal, Inc., Worst
Deal, Inc., is
entitled to judgment against Slippery Tile Company, Inc., in
that same amount.
WHEREFORE, the defendant and third party plaintiff prays that
the plaintiff recover nothing by reason
of his Complaint, that the plaintiff's Complaint be dismissed,
and that the third party plaintiff receive
judgment from third party defendant for all sums that may be
adjudged against the defendant in favor
of the plaintiff.
Defendant's Address:
150 North Accident Way
Denver, Colorado 80213
Respectfully submitted,
___________________________________
Rip U. Awff, #1444
Attorney for Defendant and Third Party Plaintiff
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Answer
and Third Party Complaint was served
this ____ day of _____________, 20__, by placing them in the
United States mail, first class postage
prepaid, addressed as follows:
Ima Gogetter Candice Corporate
Attorney for Plaintiff Attorney for Third Party Defendant
511 Law Office Lane 123 Business Boulevard, Suite A
Denver, Colorado 80203 Denver, CO 80220
_______________________________________
