IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
WILL CLINTON }
}
Plaintiff, }
vs. }
} Civil Case No: CV-2005-8897
ROB DOLE, SOUTH SIDE }
PET & GROOM ROOM, }
FICTITIOUS DEFENDANTS }
A, B, C, ... Z }
}
Defendants. }
}
}
}
ROB DOLE, SOUTH SIDE }
PET & GROOM ROOM }
}
Counterclaim Plaintiffs, }
}
vs. }
}
WILL CLINTON }
FICTITIOUS DEFENDANTS }
A, B, C, ... Z }
}
Counterclaim Defendants. }
ANSWER AND COUNTERCLAIMS
The Defendants admit to proper parties and proper jurisdiction.
FIRST DEFENSE
Defendants deny every allegation contained in the Complaint not expressly, specifically admitted.
SECOND DEFENSE
The Complaint and each and every count thereof, fails to state a claim upon which relief can be granted.
THIRD DEFENSE
Defendants deny that they have been guilty of any conduct that warrants the award of punitive damages being submitted to a jury or allows Plaintiff to recover punitive damages
FOURTH DEFENSE
The Defendants deny all allegations stated in Count One and demands strict proof thereof.
FIFTH DEFENSE
The Defendants deny all allegations stated in Count Two and demands strict proof thereof.
SIXTH DEFENSE
The Defendants deny all allegations stated in Count Three and demands strict proof thereof.
SEVENTH DEFENSE
Plaintiff's claims are barred by contributory negligence
EIGHTH DEFENSE
There is no causal relation between the alleged acts of Defendants and any injury or damage to Plaintiff.
NINTH DEFENSE
The injuries and damages of Plaintiff as claimed in Plaintiff's Complaint were proximately caused by superseding or intervening acts and/or omissions for which Defendants are not liable.
TENTH DEFENSE
Plaintiff's claims, or parts thereof, are barred by the doctrine of fraud.
ELEVENTH DEFENSE
Plaintiff's claims, or parts thereof, are barred by the doctrine of accord and satisfaction
TWELFTH DEFENSE
Plaintiff's claims, or parts thereof, are barred by the doctrine of failure of consideration.
THIRTEENTH DEFENSE
Plaintiff's claims, or parts thereof, are barred by the doctrine of illegality.
FOURTEENTH DEFENSE
Plaintiff's claims, or parts thereof, are barred by the doctrine of statue of limitations.
FIFTEENTH DEFENSE
Defendants hereby reserves their right to amend this Answer following investigation and discovery.
SIXTEENTH DEFENSE
The Complaint arguably does not satisfy minimal pleading requirements. The Complaint provides virtually no facts and is totally conclusory.
SEVENTEENTH
Such a convoluted Complaint arguably fails to comply with the requirement of a “short and plain” statement.
Therefore, the Complaint should be dismissed on multiple grounds. The Defendants request the denial of Plaintiff's request for attorneys fees.
COUNTERCLAIM
Factual Averments
1. Counterclaim Defendant stated that his bottled water was pure and natural spring water and appropriate to be used to wash animals.
2. When the water was used to wash an animal it caused medical problems in the animal.
3. Damages had to be paid to the owner of the injured animal.
4. A unopened bottle of the “White Water Bubbly” was sent to the National Chicken Sanitation Laboratory for Escherichia coli analysis.
5. The report stated the Escherichia coli 0157:H7 analysis as TMTC (To Many To Count) using a standard CFU (Colony Forming Units) matrix.
6. A review of the National Priorities List showed three “Superfund” sites located upstream withing a one mile area. Public records, at the Arkansas Secretary of Mismanagement show ground water movement rates exceed 1 x 10 -4 cm/sec which would allow for off-site products, located upstream within one mile, to migrate down gradient a distance of 4.5 miles within 30 days.
7. The Counterclaim Defendant has been cited for numerous sanitation violations.
8. The Counterclaim Defendant delivered a defective product and caused injury to Counterclaim Plaintiffs place of business.
9. Counterclaim Plaintiffs incurred veterinary bills, mental distress and loss of good name.
COUNT ONE Breach of Contract
10. Counterclaim Plaintiff re-alleges all prior paragraphs of the Complaint as if set out here in full.
11. There exists a contract between Counterclaim Plaintiffs and Counterclaim Defendant.
12. There was performance by the Counterclaim Plaintiffs.
13. Counterclaim Defendant failed to perform.
WHEREFORE, BASED ON THE FOREGOING, Counterclaim Plaintiffs demand judgment against each named Counterclaim Defendant and Counterclaim Fictitious Defendants, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Counterclaim Plaintiffs may be entitled.
COUNT TWO Fraud
14. Counterclaim Plaintiffs re-allege all prior paragraphs of the Complaint as if set out here in full.
15. The Counterclaim Defendant defrauded the Counterclaim Plaintiffs.
16. As a proximate consequence of Counterclaim Defendant's fraud, Counterclaim Plaintiffs have suffered extensive damages.
WHEREFORE, BASED ON THE FOREGOING, Counterclaim Plaintiffs demand judgment against each named Counterclaim Defendant and Counterclaim Fictitious Defendants, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Counterclaim Plaintiffs may be entitled.
COUNT THREE Intentional Interference With Business Relations
17. Counterclaim Plaintiffs re-allege all prior paragraphs of the Complaint as if set out here in full.
18. There existed a business relationship between Counterclaim Plaintiffs and its customers.
19. Counterclaim Defendant had knowledge of the business relationships.
20. There was intentional interference by the Counterclaim Defendant with the business relationship.
21. There was damage to the Counterclaim Plaintiffs as a result of the Counterclaim Defendant's interference.
WHEREFORE, BASED ON THE FOREGOING, Counterclaim Plaintiffs demand judgment against each named Counterclaim Defendant and Counterclaim Fictitious Defendants, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Counterclaim Plaintiffs may be entitled.
COUNT FOUR Breach of Implied Warranty of Fitness For A Particular Purpose
22. Counterclaim Plaintiffs re-allege all prior paragraphs of the Complaint as if set out here in full.
23. Counterclaim Defendant was put on notice at the time of the contract the particular purpose the goods were being purchased to perform.
24. The Counterclaim Plaintiffs relied on the Counterclaim Defendant’s skill and judgment in selecting and furnishing suitable goods.
25. Counterclaim Defendant did not select or furnish suitable goods.
26. Counterclaim Plaintiffs were harmed.
WHEREFORE, BASED ON THE FOREGOING, Counterclaim Plaintiffs demand judgment against each named Counterclaim Defendant and Counterclaim Fictitious Defendants, separately and severally, for compensatory and punitive damages in an amount to be determined by the jury, plus costs, along with such other, further and different relief to which Counterclaim Plaintiffs may be entitled.
27. Counterclaim Defendant owes Counterclaim Plaintiffs 10,000 dollars for defective products, cost of analysis, veterinary bills, mental anguish and damage to reputation.
Plaintiff Demands a Jury Struck and Sworn
Youra Nuts
Nuts and Fruit, PC
1234 N.A. Peach Drive
Springville, AL 35203
205.888.5674 Extension 1
youranuts@nutsandfruit.pc.biz
SERVE Counterclaim Defendant:
Will Clinton
23 Manure Pond Road
Chickenrun, AR 56743
posted by The Disordered Cat at 22:29
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