• 1986 - Statement of Defense and Issues Tendered by Defendant (Illustration)
  • C-1.22
    • Introductory Instructions
    • Introductory Instructions
  • The Defendant, for its Answer to the Complaint of the Plaintiff, while admitting some of the allegations of the Plaintiff's Complaint, as indicated above, denies that it was in any way negligent or careless in the manner in which it maintained or repaired its premises.

     

    The Defendant further alleges as a separate Defense, that if the Plaintiff sustained the alleged injury or damages, they were the result of Plaintiff's own negligence or the Plaintiff's own negligence contributed to and was a proximate case of those injuries and damages.

     

    The Defendant further alleges as a separate Defense that the Plaintiff voluntarily and with freedom of choice elected to use the lift at the Defendant's grain elevator when the Plaintiff knew, or should have known, that certain risk was involved in the use of the lift by inexperienced persons and that the Plaintiff assumed the risk of self-injury in using the lift.

     

    Defendant prays judgment for dismissal of the Plaintiff's Complaint.

  • Notes: (2004 - reviewed with no changes)