OF THE ESTATE OF BRANDON : GIORDANO : J.D. OF ANSONIA/MILFORD
v. : AT MILFORD
OFFICER ANTHONY RENALDI, : OFFICER MICHAEL JASMIN, : SERGEANT WILLIAM KING AND : TOWN OF SEYMOUR : MAY 6, 2014
ANSWER AND SPECIAL DEFENSES
COUNT ONE (Negligence as to defendants Anthony Renaldi and Michael Jasmin)
1-3. As to paragraphs 1, 2 and 3, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 4. Paragraph 4 is admitted. 5. As to paragraph 5, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 6-8. Paragraphs 6, 7 and 8 are admitted. 9-10. As to paragraphs 9 and 10, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof.
2 11. Paragraph 11 is admitted. 12. That portion of paragraph 12 which states: At said time and place, defendant Officer Renaldi turned his police cruiser around and attempted to catch up to the silver Ford Mustang is admitted. As to the remainder of paragraph 12, it is denied. 13-21. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20 and 21 are denied. 22. That portion of paragraph 22 which states: As a direct and proximate result of the defendants negligence and the aforementioned collision is denied. As to the remainder of paragraph 22, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion and, therefore, leaves the plaintiff to her burden of proof. 23. That portion of paragraph 23 which states: As a direct and proximate result of the defendants negligence is denied. As to the remainder of paragraph 23, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion and, therefore, leaves the plaintiff to her burden of proof. 24. That portion of paragraph 24 which states: As a direct and proximate result of the aforementioned negligence of the defendants is denied. As to the remainder of paragraph 24, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion and, therefore, leaves the plaintiff to her burden of proof. 25. That portion of paragraph 25 which states: As a direct and proximate result of the aforementioned negligence of the defendants is denied. As to the remainder of paragraph 25, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion and, therefore, leaves the plaintiff
3 to her burden of proof.
COUNT TWO (Negligence as to defendant William King) 1-20. The answers to paragraphs 1 through 20 of the First Count are hereby incorporated and made the answers to paragraphs 1 through 20 of this Second Count, as if fully set forth herein. 21-22. As to paragraphs 21 and 22, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 23. Paragraph 23 is denied. 24-27. The answers to paragraphs 22 through 25 of the First Count are hereby incorporated and made the answers to paragraphs 22 through 25 of this Second Count, as if fully set forth herein.
COUNT THREE (Liability as to Town of Seymour pursuant to C.G.S. 52-557n) 1-25. The answers to paragraphs 1 through 25 of the First Count are hereby incorporated and made the answers to paragraphs 1 through 25 of this Third Count, as if fully set forth herein. 26-52. The answers to paragraphs 1 through 27 of the Second Count are hereby incorporated and made the answers to paragraphs 26 through 52 of this Third Count, as if fully set forth herein. 53. Paragraph 53 is denied.
4 COUNT FOUR (Liability as to Town of Seymour pursuant to C.G.S. 7-456) 1-25. The answers to paragraphs 1 through 25 of the First Count are hereby incorporated and made the answers to paragraphs 1 through 25 of this Fourth Count, as if fully set forth herein. 26-52. The answers to paragraphs 1 through 27 of the Second Count are hereby incorporated and made the answers to paragraphs 1 through 27 of this Fourth Count, as if fully set forth herein. 53-54. As to paragraphs 53 and 54, this defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof.
5 BY WAY OF SPECIAL DEFENSES AS TO COUNTS 1 3
1. The Plaintiffs claims are barred by governmental immunity, pursuant to common law and CGS 52-557n
2. Plaintiffs claims are barred by the contributory negligence of Plaintiffs decedent, Brandon Giordano, in one or more of the following ways:
a. Brandon Giordano voluntarily entered the 2000 Mustang convertible operated by Eric Ramirez when he knew or should have known that Eric Ramirez had a history of illegal and negligent operation of his 2000 Mustang , including operating on public roads at speeds approaching 130 mph, that Eric Ramirez was actively breaking the law at the time Brandon Giordano entered the subject Mustang and was likely to be arrested by the first Police officer who saw the Mustang; that Eric Ramirez had a history of engaging police in pursuit, rather than ceding to their authority; and that Eric Ramirez would likely speed away from the Police if he was caught breaking the law and travel at excessive and dangerous speeds, and in a dangerous manner such as without headlights, thereby subjecting himself to the risk of serious injury or death, which in fact occurred.
b. Brandon Giordano voluntarily entered the 2000 Mustang convertible operated by Eric Ramirez when he knew or should have known that Eric Ramirez had a history of illegal and negligent operation of his 2000 Mustang , including operating on public roads at speeds approaching 130 mph, that Eric Ramirez was actively breaking the law at the time Brandon Giordano entered the subject Mustang and was likely to be arrested by the first Police officer who saw the Mustang; that Eric Ramirez had a history of engaging police in pursuit, rather than ceding to their authority; that Eric Ramirez would likely speed away from the Police if he was caught breaking the law and travel at excessive
6 and dangerous speeds, and in a dangerous manner, and that he was seated in the rear seat of a convertible car which lacked crash protection, thereby subjecting himself to the risk of serious injury or death in the event of a roll over or flipping of the Mustang, which in fact occurred.
c. Brandon Giordano failed to act as would a reasonable prudent person under the circumstances then and there availing.
DEFENDANTS, OFFICER ANTHONY REGNALDI, OFFICER MICHAEL JASMIN, SERGEANT WILLIAM KING AND TOWN OF SEYMOUR
By___/s/ Thomas R. Gerarde______ Thomas R. Gerarde Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114-1121 (860) 249-1361 (860) 249-7665 (Fax) Juris No.: 28228
7 CERTIFICATION
This is to certify that a copy of the foregoing has been sent to all counsel of record this 6 th day of May, 2014.
Steven J. Errante, Esq. Lynch, Traub, Keefe & Errante 52 Trumbull Street New Haven, CT 06510