Answer of Defendants to Plaintiffs' first amended complaint

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Case 2:09-cv-00464-GLF-NMK Document 30 Filed 09/08/09 Page 22 of 26 3. If for any reason these Defendants are found to be negligent, which is expressly denied, then and in that event, Defendants state affirmatively that Plaintiffs were negligent by virtue of which the terms and conditions of the comparative negligence doctrine as enacted in Ohio are applicable hereto. 4. Plaintiffs failed to mitigate any alleged damages. 5. Plaintiffs’ claims herein are barred under the doctrine of express, primary, and implied assumption of the risk. 6. Plaintiffs are barred from recovery by virtue of the doctrines of waiver and estoppel. 7. The damages of which the Plaintiffs complain were the direct result of causes, instrumentalities, and agencies over which these Defendants had no control or jurisdiction. 8. The injuries and damages alleged by Plaintiffs were the direct and proximate result of an intervening party over whom these Defendants had no control or right to control. 9. Plaintiffs have failed to add parties needed for a just adjudication and in whose absence complete relief cannot be accorded among the parties, including those with subrogated interests. 10. The demand for punitive damages is made in bad faith in violation of Rule 11 and Ohio Revised Code §2323.51. 11. At no time of which the Plaintiffs complain were these answering parties guilty of any acts and/or omissions which, considered separately or cumulatively, would serve as a proper predicate for the imposition of punitive damages against these answering parties. of limitation. 12. Plaintiffs have failed to timely file this action in accordance with the applicable statute 13. The injuries and damages alleged by Plaintiffs were the direct and proximate result of superseding causes over which these Defendants had no control or jurisdiction. 22
14. Plaintiffs’ alleged damages are not the direct and proximate result of any negligence of these Defendants, but are attributable to independent and intervening acts of a third party over which these Defendants had no control and no right to control. said agent. 15. Defendants were acting for a disclosed principal and, therefore, no liability exists for 16. Plaintiffs’ claims are barred by the doctrine of accord and satisfaction. 17. These answering Defendants are immune from suit with respect to some or all of Plaintiffs’ causes of action. 18. The doctrine of qualified immunity bars Plaintiffs’ claims, in whole or in part, or restricts Plaintiffs’ right to monetary relief. 19. Plaintiffs have failed to exhaust administrative remedies, which bars or restricts Plaintiffs’ claims. 20. The doctrine of res judicata bars Plaintiffs’ claims, in whole or in part, or restricts Plaintiffs’ right to monetary recovery. 21. Plaintiffs lack standing in bringing this action. 22. Plaintiffs’ claims are not ripe for adjudication. 23. Defendants acted reasonably, in good faith, and with jurisdiction, without intent to contravene any rights, statutory, administrative, constitutional, or otherwise. 24. The individual Defendants, Thomas J. Herlevi and Julia F. Herlevi, were at all times acting and serving within the corporate capacity of H.R. On Call, Inc., thus no personal liability exists. Case 2:09-cv-00464-GLF-NMK Document 30 Filed 09/08/09 Page 23 of 26 25. Plaintiffs’ first amended complaint fails as any statements made by Defendants were true, thus barring any defamation claim. 23
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Answer of Defendants to Plaintiffs' first amended complaint

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