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					Harold Ott (Bar Number 2222)
OTT, OTT, & KNUDSEN
444 Front St.
Cincinnati, Ohio 11100
(261) 804-2727

Attorney for Defendant Marsha Peterson


           FIRST JUDICIAL DISTRICT COURT IN AND FOR CAPITOL COUNTY
                              STATE OF COLUMBIA


CAROLINE LITTLE and CARL
LITTLE,                                                                 ANSWER

               Plaintiffs,

v.                                                       Case No: 1234
                                                         Judge: Judge Judy
MARSHA PETERSON and
ACME SPECIALITY CAR PARTS,

             Defendants.



        COMES NOW, Defendant Marsha Peterson in response to Plaintiffs Caroline Little and

Carl Little and ANSWERS the COMPLAINT as follows:

1. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

     paragraph 1 of Plaintiff’s complaint, and therefore denies same.

2. Admit.

3. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

     paragraph 3 of Plaintiff’s complaint, and therefore denies same.
4. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 4 of Plaintiff’s complaint, and therefore denies same.

5. Admit.

6. Admit in part. Defendant is not admitting fault, as Plaintiff was more than 50 percent

   negligent in causing the accident.

7. Admit. Defendant did have the duty to yield to pedestrians and did do so, but according to

   Utah Code 41-6a-1002(c) Plaintiff had a duty to should not have immediately left the curb as

   to constitute an immediate hazard.

8. Admit. Plaintiff was more than 50 percent negligent in causing the accident. See Utah Code

   41-61-1002 (c).

9. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 9 of Plaintiff’s complaint, and therefore denies same.

10. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 10 of Plaintiff’s complaint, and therefore denies same.

11. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 11 of Plaintiff’s complaint, and therefore denies same.

12. Defend Defendant lacks knowledge sufficient to form a belief regarding the truth of the

   allegation in paragraph 12 of Plaintiff’s complaint, and therefore denies same.

13. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 13 of Plaintiff’s complaint, and therefore denies same.
14. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 14 of Plaintiff’s complaint, and therefore denies same.

15. Defendant lacks knowledge sufficient to form a belief regarding the truth of the allegation in

   paragraph 15 of Plaintiff’s complaint, and therefore denies same.



                                     AFFIRMATIVE DEFENSE

   Defendant moves the court pursuant to Rule 12 (b)(6) of the Utah Rules of Civil Procedure to

dismiss action because the complaint fails to state a claim upon which relief can be granted.



   WHEREFORE, the Defendant prays the Court


   a. For a jury trial to be held;

   b. Requests that Plaintiff’s complaint be dismissed;

   c. For attorney’s fees and costs;

   d. For such other relief as the Court deems just and proper.



DATED this twelfth day of August, 2010


                                             ____________________________
                                             Harold Ott
                                             Attorney for Defendant Marsha Peterson
                             CERTIFICATE OF MAILING

I certify that on the _____ day of September, 2010, the foregoing INVENTORY FOR
DECEDENT’S ESTATE was served by placing a true and accurate copy thereof in the United
States Mail, postage prepaid, and addressed to:




Dated: ______________________            _______________________________
                                         Harold Ott

				
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