ew File Edit View Go Tools Window Wausau Milk Answer to Complaint.pdf Q Q D Q Search Page 3 of 4 COUNT III: EEK, THROUGH JONATHAN KELLER, AS NEXT FRIEND 26. Defendants can neither confirm nor deny Paragraph Twenty Six and demand strict proof of the allegation or statement. 27. Defendants deny the allegations alleged in Paragraph Twenty Seven. 28. Defendants deny the allegations alleged in Paragraph Twenty Eight. COUNT IV: ESTATE OF JANICE KELLER 29. Upon Information and Belief, Defendant can confirm the statement made in Paragraph Twenty Nine. 30. Defendants deny the allegations alleged in Paragraph Thirty. 31. Defendants deny the allegations alleged in Paragraph Thirty One AFFIRMATIVE DEFENSES By way of Affirmative Defense, Defendants further state as follows: FIRST AFFIRMATIVE DEFENSE: NO BREACH OF DUTY 32. Defendants only duty is to ensure the delivery of milk in glass bottles. 33. During the date in question, Defendants delivered milk in glass bottles to its clients. 34. Defendants received no comments from other clients about any issues, real or alleged, regarding the bottles of milk delivered that date topics. Free from logical or some incomplete thoughts. errors or incomplete thoughts. tv zoom O' N LL F9 Oview File Edit View Go Tools Window Help v A Qv Search E v Wausau Milk Answer to Complaint.pdf Page 1 of 4 Filed: September 1, 2020 Case: 2021-CV-14785 STATE OF WISCONSIN CIRCUIT COURT OF MARATHON COUNTY Jonathan Keller, an individual and as Personal Representative for the 21-CV-14785 Estate of Janice Keller, Deceased and as Next friend to EEK, a minor Code: 30107 Plaintiffs Wausau Milk and Beer Company, Inc. Defendant ANSWER TO NEGLIGENCE COMPLAINT and AFFIRMATIVE DEFENSES Now comes the Defendants, Wausau Milk and Beer Company, Inc. ("Defendants"), pursuant to the Wisconsin Rules of Civil Procedure, specifically, Wis. Stat. $ 802.01 to file the above-captioned ANSWER TO NEGLIGENCE COMPLAINT and in support states as follows: FACTS 1. Defendants can neither confirm nor deny Paragraph One and demand strict proof of the allegation Substantial analysis of the topics. Free from logical he topics. A few errors the topics. Seve or some incomplete thoughts errors or incomplete thoughts. tv zoom O O- O K LL F9 K mFile Edit View Go Tools Window Help v Wausau Milk Answer to Complaint.pdf O' Q Search Page 2 of 4 19. Defendants has insufficient information regarding what, if any "duty" is owed to customers without additional context 20. Defendants deny the allegations alleged in Paragraph Twenty. 21. Defendants deny the allegations alleged in Paragraph Twenty One. 22. Defendants deny the allegations alleged in Paragraph Twenty Two. COUNT II: LOSS OF CONSORTIUM 23. Defendants can neither confirm nor deny Paragraph Twenty Three and demand strict proof of the allegation or statement. 24. Defendants deny the allegations alleged in Paragraph Twenty Four. 25. Defendants deny the allegations alleged in Paragraph Twenty Five. Substantial analysis of the analysis of the topics. A few errors analysis of the topics. Several topics. Free from logical or some incomplete thoughts. errors or incomplete thoughts. zoom .O no DI KIPreview File Edit View Go Tools Window Help Wausau Milk Answer to Complaint.pdf O' O' Q Search Page 4 of 4 and, when mishandled by a user, prone to chipping or otherwise breaking. 40. Plaintiffs' own negligence in mishandling the bottle was the reason Janice Keller cut her finger. FOURTH AFFIRMATIVE DEFENSE: FAILURE TO MITIGATE DAMAGES. 41. By their own admission, Plaintiffs did not seek medical attention until December 26, 2019, more than two weeks after the alleged incident. As such, Plaintiffs failed to take reasonable steps to mitigate their damages 42. The failure to seek medical care despite the Plaintiffs claiming that Janice Keller was "in constant and severe pain" (Plaintiffs' Complaint { 10) after the alleged incident. 43. Plaintiffs failure to seek medical care exacerbated any alleged injury and that failure to seek medical care was the intervening proximate causation for her alleged injuries, beyond the simple cut on the finger FIFTH AFFIRMATIVE DEFENSE: UNJUST ENRICHMENT 44. Defendants assert that Plaintiffs are seeking to recover far more than Plaintiffs would be entitled to recover in this case, for a cut finger. Award of the judgment sought by Plaintiffs would unjustly enrich Plaintiffs WHEREFORE: Defendants, Wausau Milk and Beer Company, Inc., pray this court deny the relief sought by Plaintiffs and dismiss the cause of action. Respectfully submitted, Rodrigo Brody Badillo, Brody and Bolt Rodrigo Brody Substantial analysis of the of the topics. A few errors analysis of the topics. Several topics. Free from logical or some incomplete thoughts. errors or incomplete thoughts no tv zoom O -O 20 N LCreview File Edit View Go Tools Window Help Wausau Milk Answer to Complaint.pdf Q Q D Q Search Page 3 of 4 35. Defendants assert that they performed all duties owed under the contract with Plaintiffs and, therefore, did not breach the agreement. SECOND AFFIRMATIVE DEFENSE: ASSUMPTION OF THE RISK By way of Affirmative Defense, Defendants further state as follows: 36. Plaintiffs fully understood that the milk delivered by Defendants was delivered in glass bottles. 37. Plaintiffs fully understand that glass is a fragile material and, under certain conditions, glass can chip, crack or otherwise break. m 38. By accepting the glass bottle delivery, Plaintiffs were accepting the possibility, remote as it is, that a bottle may have a chip THIRD AFFIRMATIVE DEFENSE: NEGLIGENCE BY PLAINTIFF 39. Upon opening the bottle, Janice Keller or person or persons unknown, may have caused the bottle to chip. There are dozens of way this could happen, since, as stated above, glass is a fragile item topics. Free from logical or some incomplete thoughts. errors or incomplete thoughts. zoom O KI LL F3 F6 LLDefendants have 30 days from the today's date to file an A Plaintiffs have 15 days from date of Answer to Respond. Next court date on status or discovery will be October 1, 2020. Date: August 10, 2020 Martin Lambe Judge Martin Lambe Post, Er and Child Roberta (Bobb) Er Wi. License 74125 505 E. Grand Ave. Wausau, WI 54403 (715) 555-3264 Fax: (715) 555-3265 www.PostErChildLaw.com lit@PEClaw.com Substantial analysis of the analysis of the topics. A few errors topics. Free from logical analysis of the topics. Several or some incomplete thoughts. errors or incomplete thoughts. stv zoom O DI DD F4 # X de LO