DOCKET NO.: FBT-CV-23-6120092-S
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`CONRAD JOHNS and
`ELIZABETH JOHNS
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`v.
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`:
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`:
`:
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`:
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`SUPERIOR COURT
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`JUDICIAL DISTRICT OF
`FAIRFIELD
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`AT BRIDGEPORT
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`ALFA LAVAL, INC. et al.
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`:
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`FEBRUARY 2, 2023
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`
`
`DEFENDANT THE WM. POWELL COMPANY’S ANSWER AND SPECIAL DEFENSES
`TO PLAINTIFFS’ COMPLAINT AND ANSWER TO CROSS-CLAIMS
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`The Wm. Powell Company (“Wm. Powell”), a defendant in the above-captioned
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`action, respectfully submits the following Answer and Special Defenses to Plaintiffs’
`
`Complaint and Answer to Cross-Claims.
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`COUNT I
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`1.
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`As to the allegations of Paragraph 1 of Count I of the Complaint, Wm. Powell does
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`not have sufficient knowledge or information upon which to form a belief and therefore
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`leaves Plaintiffs to their proof.
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`2.
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`As to the allegations of Paragraph 2 of Count I of the Complaint, Wm. Powell does
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`not have sufficient knowledge or information upon which to form a belief and therefore
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`leaves Plaintiffs to their proof.
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`3.
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`Wm. Powell admits that it conducted business in the State of Connecticut. Wm.
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`Powell denies the remaining allegations of Paragraph 3 of Count I of the Complaint to
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
`
`
`
`CONRAD JOHNS and
`ELIZABETH JOHNS
`
`v.
`
`:
`
`:
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`FAIRFIELD
`
`AT BRIDGEPORT
`
`ALFA LAVAL, INC. et al.
`
`:
`
`FEBRUARY 2, 2023
`
`
`
`DEFENDANT THE WM. POWELL COMPANY’S ANSWER AND SPECIAL DEFENSES
`TO PLAINTIFFS’ COMPLAINT AND ANSWER TO CROSS-CLAIMS
`
`The Wm. Powell Company (“Wm. Powell”), a defendant in the above-captioned
`
`action, respectfully submits the following Answer and Special Defenses to Plaintiffs’
`
`Complaint and Answer to Cross-Claims.
`
`COUNT I
`
`1.
`
`As to the allegations of Paragraph 1 of Count I of the Complaint, Wm. Powell does
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`not have sufficient knowledge or information upon which to form a belief and therefore
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`leaves Plaintiffs to their proof.
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`2.
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`As to the allegations of Paragraph 2 of Count I of the Complaint, Wm. Powell does
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`not have sufficient knowledge or information upon which to form a belief and therefore
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`leaves Plaintiffs to their proof.
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`3.
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`Wm. Powell admits that it conducted business in the State of Connecticut. Wm.
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`Powell denies the remaining allegations of Paragraph 3 of Count I of the Complaint to
`
`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
`
`Updike, Kelly & Spellacy, P.C.
`
`
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 3 of Count I of the Complaint as they relate to other defendants, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`4. Wm. Powell denies the allegations of Paragraph 4 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 4 of Count I of the Complaint as they relate to other defendants, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`5. Wm. Powell denies the allegations of Paragraph 5 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 5 of Count I of the Complaint as they relate to other defendants, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`6. Wm. Powell denies the allegations of Paragraph 6 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 6 of Count I of the Complaint as they relate to other defendants, Wm. Powell
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`2
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`7. Wm. Powell denies the allegations of Paragraph 7 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 7 of Count I of the Complaint as they relate to other defendants, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`8. Wm. Powell denies the allegations of Paragraph 8 of Count I of Complaint to the
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`extent the allegations relate to Wm. Powell. As to the remaining allegations of Paragraph
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`8 of Count I of the Complaint as they relate to other defendants, Wm. Powell does not
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`have sufficient knowledge or information upon which to form a belief and therefore
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`leaves Plaintiffs to their proof.
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`9. Wm. Powell denies the allegations of Paragraph 9 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 9 of Count I of the Complaint as they relate to other defendants, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`3
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`10. Wm. Powell denies the allegations of Paragraph 10 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 10 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`11. Wm. Powell denies the allegations of Paragraph 11 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 11 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`12. Wm. Powell denies the allegations of Paragraph 12 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 12 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`13. Wm. Powell denies the allegations of Paragraph 13 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 13 of Count I of the Complaint as they relate to other defendants, Wm.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
`
`Updike, Kelly & Spellacy, P.C.
`
`3860335
`88200.000217
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`4
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`14. Wm. Powell denies the allegations of Paragraph 14 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 14 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`15. Wm. Powell denies the allegations of Paragraph 15 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 15 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`16. Wm. Powell denies the allegations of Paragraph 16 of Count I of Complaint,
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`including its subparts, to the extent the allegations relate to Wm. Powell. As to the
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`remaining allegations of Paragraph 16 of Count I of the Complaint as they relate to
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`other defendants, Wm. Powell does not have sufficient knowledge or information upon
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`which to form a belief and therefore leaves Plaintiffs to their proof.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
`
`3860335
`88200.000217
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`5
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`17. Wm. Powell denies the allegations of Paragraph 17 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 17 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`18. Wm. Powell denies the allegations of Paragraph 18 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 18 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`19. Wm. Powell denies the allegations of Paragraph 19 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 19 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`20. As to the allegations of Paragraph 20 of Count I of the Complaint, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
`
`3860335
`88200.000217
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`6
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`21. As to the allegations of Paragraph 21 of Count I of the Complaint, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`22. Wm. Powell denies the allegations of Paragraph 22 of Count I of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 22 of Count I of the Complaint as they relate to other defendants, Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`23. As to the allegations of Paragraph 23 of Count I of the Complaint, Wm. Powell
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`does not have sufficient knowledge or information upon which to form a belief and
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`therefore leaves Plaintiffs to their proof.
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`COUNT II
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`1-23. Wm. Powell’s answers to Paragraphs 1-23 of Count I are hereby incorporated as if
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`fully set forth herein.
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`24. Wm. Powell denies the allegations of Paragraph 24 of Count II of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 24 of Count II of the Complaint as they relate to other defendants Wm.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`25. Wm. Powell denies the allegations of Paragraph 25 of Count II of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 25 of Count II of the Complaint as they relate to other defendants Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`26. Wm. Powell denies the allegations of Paragraph 26 of Count II of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 26 of Count II of the Complaint as they relate to other defendants Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`27. Wm. Powell denies the allegations of Paragraph 27 of Count II of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 27 of Count II of the Complaint as they relate to other defendants Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`8
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`28. Wm. Powell denies the allegations of Paragraph 28 of Count II of the Complaint to
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`the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 28 of Count II of the Complaint as they relate to other defendants Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`COUNT III
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`1-28. Wm. Powell’s answers to Paragraphs 1-28 of the Complaint are hereby
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`incorporated as if fully set forth herein.
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` 29. Wm. Powell denies the allegations of Paragraph 29 of Count III of the Complaint
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`to the extent the allegations relate to Wm. Powell. As to the remaining allegations of
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`Paragraph 29 of Count III of the Complaint as they relate to other defendants Wm.
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`Powell does not have sufficient knowledge or information upon which to form a belief
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`and therefore leaves Plaintiffs to their proof.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`9
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`FIRST SPECIAL DEFENSE
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`SPECIAL DEFENSES
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`The causes of action alleged in Plaintiffs’ Complaint are barred by the applicable
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`statute of limitations and/or statute of repose.
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`SECOND SPECIAL DEFENSE
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`Plaintiffs and/or Plaintiffs’ spouses willingly, knowingly, and voluntarily assumed
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`the risk of the alleged illnesses and injuries for which relief is sought in this matter.
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`THIRD SPECIAL DEFENSE
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`In the event that Plaintiffs and/or Plaintiffs’ spouses suffered injury or damage,
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`such injury or damage was not caused, directly or indirectly, by any act or omission of
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`Wm. Powell, but such injury or damage, if any, was caused by the intervening act(s) or
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`omission(s) of persons and/or entities other than Wm. Powell, including but not limited
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`to, Plaintiffs’ employer(s), for which act(s) or omission(s) Wm. Powell is in no way liable,
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`and therefore Plaintiffs are not entitled to recover from Wm. Powell.
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`FOURTH SPECIAL DEFENSE
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`Plaintiffs’ and/or Plaintiffs’ spouses’ negligence and/or carelessness contributed
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`to or caused the injuries or damages complained of, wherefore, the recovery of Plaintiffs
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`is barred in whole or in part, or is subject to diminution.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`FIFTH SPECIAL DEFENSE
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`Plaintiff’s and/or Plaintiff’s spouse’s injuries or damages were caused in whole or
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`in part by the negligence and/or carelessness of the Plaintiffs’ servants or agents,
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`wherefore, the recovery of Plaintiffs is barred in whole or in part, or is subject to
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`diminution.
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`SIXTH SPECIAL DEFENSE
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`The negligence and/or carelessness of Plaintiffs and/or Plaintiffs’ spouses was
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`greater than the alleged negligence of Wm. Powell and such negligence and/or
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`carelessness of Plaintiffs and/or Plaintiffs’ spouses contributed to their alleged injuries
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`or damages to such an extent that Plaintiffs are barred from recovery.
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`SEVENTH SPECIAL DEFENSE
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`At no time did Wm. Powell enter into any contract with Plaintiffs and/or Plaintiffs’
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`spouses and Wm. Powell denies that privity of contract existed between Plaintiffs
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`and/or Plaintiffs’ spouses and Wm. Powell.
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`EIGHTH SPECIAL DEFENSE
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`Wm. Powell gave no special warranties, either express or implied, to Plaintiffs
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`and/or Plaintiffs’ spouses or to anyone acting on their behalf.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`11
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`NINTH SPECIAL DEFENSE
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`Any claim that Plaintiffs may have based on alleged breaches of express or
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`implied warranties (allegations which Wm. Powell specifically denies) are barred
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`because Plaintiffs and/or Plaintiffs’ spouses were not in privity of contract with Wm.
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`Powell.
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`TENTH SPECIAL DEFENSE
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`If there were express or implied warranties as alleged in the Complaint
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`(allegations which Wm. Powell specifically denies), Plaintiffs and/or Plaintiffs’ spouses
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`were not within the scope of any such alleged warranties because he/she/they were not
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`a purchaser, and no sale to Plaintiffs and/or Plaintiffs’ spouses ever occurred of any
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`product sold or distributed by Wm. Powell.
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`ELEVENTH SPECIAL DEFENSE
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`If Wm. Powell, its servants or agents made any express warranties (allegations
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`which Wm. Powell specifically denies) then Plaintiffs and/or Plaintiffs’ spouses did not
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`rely on the express warranties and further, there was no such reliance by any person or
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`entity authorized to represent Plaintiffs.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`TWELFTH SPECIAL DEFENSE
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`Plaintiffs failed to give notice of the alleged breach of warranties within a
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`reasonable time as required by applicable statutes.
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`THIRTEENTH SPECIAL DEFENSE
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`Plaintiffs and/or Plaintiffs’ spouses were not third-party beneficiaries with
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`reference to any alleged warranties, either express or implied, and therefore Plaintiffs
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`cannot recover in this action.
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`FOURTEENTH SPECIAL DEFENSE
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`If Plaintiffs prove that they were injured or damaged as alleged, said injuries were
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`caused by intervening and/or superseding acts of third persons for whom Wm. Powell is
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`not liable.
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`FIFTEENTH SPECIAL DEFENSE
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`If Plaintiffs settled with and/or released other defendants or entities who are
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`tortfeasors, Wm. Powell is entitled to a reduction of any judgment either in the total of
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`all the settlement amounts or the pro-rata share of fault of said tortfeasors as
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`determined by the Court or Jury, whichever is greater.
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`SIXTEENTH SPECIAL DEFENSE
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`Plaintiffs’ claims are barred by the doctrines of estoppel, laches and/or waiver.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
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`SEVENTEENTH SPECIAL DEFENSE
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`The equipment supplied by Wm. Powell which Plaintiffs allegedly used or were
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`exposed to, if any, was not in the same condition as when sold, having been materially
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`altered and/or modified sometime after the sale and prior to Plaintiffs’ and/or Plaintiffs’
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`spouses’ alleged use or exposure.
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`EIGHTEENTH SPECIAL DEFENSE
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`Plaintiffs and/or Plaintiffs’ spouse and/or other persons used equipment
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`supplied by Wm. Powell, if indeed any was used, in an unreasonable manner, not
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`reasonably foreseeable to Wm. Powell, and for a purpose for which the equipment was
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`not intended, manufactured, or designed; Plaintiffs’ and/or Plaintiffs’ spouses’ injuries
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`and damages, if any, were directly and proximately caused by said misuse and abuse,
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`and Plaintiffs’ recovery herein, if any, is barred or must be diminished in proportion to
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`the fault attributable to Plaintiffs and/or Plaintiffs’ spouses and/or such other parties
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`and persons.
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`NINETEENTH SPECIAL DEFENSE
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`At all relevant times hereto, the state of medical and scientific knowledge and the
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`state of art or the design and manufacture of asbestos-containing products were such
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`that Wm. Powell neither knew nor should have known that equipment that Wm. Powell
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`supplied presented a significant risk of harm to Plaintiffs and/or Plaintiffs’ spouses.
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`TWENTIETH SPECIAL DEFENSE
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`Plaintiffs and/or Plaintiffs’ spouses have failed to mitigate damages and are,
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`therefore, barred from recovery.
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`TWENTY-FIRST SPECIAL DEFENSE
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`The alleged injury or damage sustained as a result of the occupation of Plaintiffs
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`and/or Plaintiffs’ spouses was an occupational disease and accordingly Wm. Powell is
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`not liable or responsible for any occupational disease which was suffered or sustained
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`by Plaintiffs and/or Plaintiffs’ spouses in the course of Plaintiffs’ employment over a
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`number of years.
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`TWENTY-SECOND SPECIAL DEFENSE
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`The utility of the equipment supplied by Wm. Powell outweighs the danger
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`allegedly involved, and therefore, Plaintiffs’ claims are barred as a matter of public
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`policy.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`TWENTY-THIRD SPECIAL DEFENSE
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`The Complaint fails to state a claim upon which relief can be granted to the
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`extent that it seeks punitive damages or exemplary damages, which are not recoverable
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`under applicable law.
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`TWENTY-FOURTH SPECIAL DEFENSE
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`An award of punitive damages against any of the defendants in these cases would
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`be unconstitutional and in violation of the due process and equal protection clause of
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`the Fourteenth Amendment of the Constitution of the United States, and the
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`corresponding provisions of the Constitution of the State of Connecticut.
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`TWENTY-FIFTH SPECIAL DEFENSE
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`If Plaintiffs and/or Plaintiffs’ spouse were exposed to any equipment supplied by
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`Wm. Powell, then Wm. Powell is not liable to Plaintiffs as a matter of law because of the
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`government contract and/or government specification defenses.
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`TWENTY-SIXTH SPECIAL DEFENSE
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`Wm. Powell avers that this court lacks jurisdiction based upon improper venue.
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`TWENTY-SEVENTH SPECIAL DEFENSE
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`Wm. Powell avers that this court should deny jurisdiction based upon forum non-
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`conveniens.
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
`88200.000217
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`TWENTY-EIGHTH SPECIAL DEFENSE
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` To the extent that the Plaintiff seeks to maintain a claim for relief on behalf of any
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`decedent, the Plaintiff lacks capacity and/or standing to maintain such claim for relief
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`against Wm. Powell.
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`TWENTY-NINTH SPECIAL DEFENSE
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`Wm. Powell avers that this dispute must be decided under the law of another
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`state or Maritime law based upon Plaintiff’s alleged exposures.
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`DEFENDANT WM. POWELL COMPANY’S ANSWER TO CROSS-CLAIMS
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`Defendant Wm. Powell Company hereby denies each and every allegation
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`contained in any cross-claims or cross-complaints which have been or may be asserted
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`against it, refers all questions of law to the Court and leaves cross-claim Plaintiffs to
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`their proof. Defendant hereby adopts, as applicable to any cross-claims, all special
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`defenses set forth in its Answer to Plaintiffs’ Complaint.
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`WHEREFORE, this answering defendant demands judgment dismissing the
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`cross-claim Plaintiffs’ various cross-claims with costs, disbursements and attorney’s
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`fees; awarding judgment against Plaintiffs, and/or co-defendants, for the full amount of
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`any verdict and judgment or for a proportionate share thereof that Plaintiffs may
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`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
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`Updike, Kelly & Spellacy, P.C.
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`3860335
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`recover against this answering defendant; and for such other and further relief as this
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`court may deem just and proper.
`
`Respectfully submitted,
`
`DEFENDANT,
`THE WM. POWELL COMPANY
`
`
`By: /s/ 413073
`RICHARD M. DIGHELLO, JR., ESQ.
`Updike, Kelly & Spellacy, P.C.
`225 Asylum Street, 20th Floor
`Hartford, CT 06103
`Tel. (860) 548-2600
`Juris No: 065040
`
`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
`
`Updike, Kelly & Spellacy, P.C.
`
`3860335
`88200.000217
`
`18
`
`
`
`CERTIFICATION
`
`THIS IS TO CERTIFY that a copy of the foregoing has been mailed, postage
`
`prepaid, and/or sent via electronic mail to counsel listed below and all counsel of record
`
`this 2nd day of February, 2023.
`
`Early Lucarelli Sweeney & Meisenkothen, LLC
`265 Church St.
`11th Floor
`New Haven, CT 06510
`
`John J. Robinson, Esq.
`Gordon & Rees LLP
`95 Glastonbury Blvd.
`Suite 206
`Glastonbury, CT 06033
`
`By: /s/ 413073
`RICHARD M. DIGHELLO, JR., ESQ
`Commissioner of the Superior Court
`
`Goodwin Square • 225 Asylum Street •Hartford, Connecticut 06103-1516 • Tel. (860) 548-2600 • Fax (860) 548-2680 • Juris No. 65040
`
`Updike, Kelly & Spellacy, P.C.
`
`3860335
`88200.000217
`
`19
`
`
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