DOCKET NO.: FBT-CV-23-6120092-S
`
`CONRAD JOHNS and
`ELIZABETH JOHNS
`
`v.
`
`:
`
`:
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`FAIRFIELD
`
`AT BRIDGEPORT
`
`ALFA LAVAL, INC. et al.
`
`:
`
`FEBRUARY 2, 2023
`
`
`
`DEFENDANT MORSE TEC LLC, F/K/A BORGWARNER MORSE TEC, LLC, AND
`SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION’S ANSWER AND
`SPECIAL DEFENSES TO PLAINTIFFS’ COMPLAINT AND
`ANSWER TO CROSS-CLAIMS
`
`Defendant Morse TEC LLC, f/k/a BorgWarner Morse TEC LLC, and Successor-
`
`by-Merger to Borg-Warner Corporation (“Morse TEC”), 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, Morse TEC does
`
`not have sufficient knowledge or information upon which to form a belief and therefore
`
`leaves Plaintiffs to their proof.
`
`3860446
`14057.28056
`
`1
`
`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.
`
`
`
`CONRAD JOHNS and
`ELIZABETH JOHNS
`
`v.
`
`:
`
`:
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`FAIRFIELD
`
`AT BRIDGEPORT
`
`ALFA LAVAL, INC. et al.
`
`:
`
`FEBRUARY 2, 2023
`
`
`
`DEFENDANT MORSE TEC LLC, F/K/A BORGWARNER MORSE TEC, LLC, AND
`SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION’S ANSWER AND
`SPECIAL DEFENSES TO PLAINTIFFS’ COMPLAINT AND
`ANSWER TO CROSS-CLAIMS
`
`Defendant Morse TEC LLC, f/k/a BorgWarner Morse TEC LLC, and Successor-
`
`by-Merger to Borg-Warner Corporation (“Morse TEC”), 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, Morse TEC does
`
`not have sufficient knowledge or information upon which to form a belief and therefore
`
`leaves Plaintiffs to their proof.
`
`3860446
`14057.28056
`
`1
`
`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.
`
`
`
`2.
`
`As to the allegations of Paragraph 2 of Count I of the Complaint, Morse TEC does
`
`not have sufficient knowledge or information upon which to form a belief and therefore
`
`leaves Plaintiffs to their proof.
`
`3.
`
`Morse TEC admits that it conducted business in the State of Connecticut. Morse
`
`TEC denies the remaining allegations of Paragraph 3 of Count I of the Complaint to the
`
`extent the allegations relate to Morse TEC. As to the remaining allegations of Paragraph
`
`3 of Count I of the Complaint as they relate to other defendants, Morse TEC does not
`
`have sufficient knowledge or information upon which to form a belief and therefore
`
`leaves Plaintiffs to their proof.
`
`4.
`
`As to the allegations of Paragraph 4 of Count I of the Complaint, Morse TEC does
`
`not have sufficient knowledge or information upon which to form a belief and therefore
`
`leaves Plaintiffs to their proof.
`
`5.
`
`Morse TEC denies the allegations of Paragraph 5 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 5 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`3860446
`14057.28056
`
`2
`
`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.
`
`
`
`6.
`
`Morse TEC denies the allegations of Paragraph 6 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 6 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`7.
`
`Morse TEC denies the allegations of Paragraph 7 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 7 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`8.
`
`Morse TEC denies the allegations of Paragraph 8 of Count I of Complaint to the
`
`extent the allegations relate to Morse TEC. As to the remaining allegations of Paragraph
`
`8 of Count I of the Complaint as they relate to other defendants, Morse TEC does not
`
`have sufficient knowledge or information upon which to form a belief and therefore
`
`leaves Plaintiffs to their proof.
`
`9.
`
`Morse TEC denies the allegations of Paragraph 9 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`3860446
`14057.28056
`
`3
`
`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.
`
`
`
`Paragraph 9 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`10. Morse TEC denies the allegations of Paragraph 10 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 10 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`11. Morse TEC denies the allegations of Paragraph 11 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 11 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`12. Morse TEC denies the allegations of Paragraph 12 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 12 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`3860446
`14057.28056
`
`4
`
`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.
`
`
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`13. Morse TEC denies the allegations of Paragraph 13 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 13 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`14. Morse TEC denies the allegations of Paragraph 14 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 14 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`15. Morse TEC denies the allegations of Paragraph 15 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 15 of the Count I of the Complaint as they relate to other defendants, Morse
`
`TEC does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`3860446
`14057.28056
`
`5
`
`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.
`
`
`
`16. Morse TEC denies the allegations of Paragraph 16 of Count I of the Complaint,
`
`including its subparts, to the extent the allegations relate to Morse TEC. As to the
`
`remaining allegations of Paragraph 16 of Count I of the Complaint as they relate to
`
`other defendants, Morse TEC does not have sufficient knowledge or information upon
`
`which to form a belief and therefore leaves Plaintiffs to their proof.
`
`17. Morse TEC denies the allegations of Paragraph 17 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 17 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`18. Morse TEC denies the allegations of Paragraph 18 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 18 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`19. Morse TEC denies the allegations of Paragraph 19 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`3860446
`14057.28056
`
`6
`
`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.
`
`
`
`Paragraph 19 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`20.
`
`As to the allegations of Paragraph 20 of Count I of the Complaint, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`21.
`
`As to the allegations of Paragraph 21 of Count I of the Complaint, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`22. Morse TEC denies the allegations of Paragraph 22 of Count I of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 22 of Count I of the Complaint as they relate to other defendants, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`23.
`
`As to the allegations of Paragraph 23 of Count I of the Complaint, Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`3860446
`14057.28056
`
`7
`
`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.
`
`
`
`COUNT II
`
`1-23. Morse TEC’s answers to Paragraphs 1-23 of Count I of the Complaint are hereby
`
`incorporated as if fully set forth herein.
`
`24. Morse TEC denies the allegations of Paragraph 24 of Count II of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 24 of Count II of the Complaint as they relate to other defendants Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`25. Morse TEC denies the allegations of Paragraph 25 of Count II of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 25 of Count II of the Complaint as they relate to other defendants Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`26. Morse TEC denies the allegations of Paragraph 26 of Count II of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 26 of Count II of the Complaint as they relate to other defendants Morse TEC
`
`3860446
`14057.28056
`
`8
`
`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.
`
`
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`27. Morse TEC denies the allegations of Paragraph 27 of Count II of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 27 of Count II of the Complaint as they relate to other defendants Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`28. Morse TEC denies the allegations of Paragraph 28 of Count II of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`Paragraph 28 of Count II of the Complaint as they relate to other defendants Morse TEC
`
`does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`COUNT III
`
`1-28. Morse TEC’s answers to Paragraphs 1-28 of Count I and II of the Complaint are
`
`hereby incorporated as if fully set forth herein.
`
`29. Morse TEC denies the allegations of Paragraph 29 of Count III of the Complaint to
`
`the extent the allegations relate to Morse TEC. As to the remaining allegations of
`
`3860446
`14057.28056
`
`9
`
`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.
`
`
`
`Paragraph 29 of Count III of the Complaint as they relate to other defendants Morse
`
`TEC does not have sufficient knowledge or information upon which to form a belief and
`
`therefore leaves Plaintiffs to their proof.
`
`SPECIAL DEFENSES
`
`FIRST SPECIAL DEFENSE
`
`The causes of action alleged in Plaintiffs’ Complaint are barred by the applicable
`
`statute of limitations and/or statute of repose.
`
`SECOND SPECIAL DEFENSE
`
`Plaintiffs willingly, knowingly, and voluntarily assumed the risk of the alleged
`
`illnesses and injuries for which relief is sought in this matter.
`
`THIRD SPECIAL DEFENSE
`
`In the event that Plaintiffs suffered injury or damage, such injury or damage was
`
`not caused, directly or indirectly, by any act or omission of Morse TEC, but such injury
`
`or damage, if any, was caused by the intervening act(s) or omission(s) of persons and/or
`
`entities other than Morse TEC, including but not limited to, Plaintiffs’ employer(s), for
`
`which act(s) or omission(s) Morse TEC is in no way liable, and therefore Plaintiffs are
`
`not entitled to recover from Morse TEC.
`
`3860446
`14057.28056
`
`10
`
`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.
`
`
`
`FOURTH SPECIAL DEFENSE
`
`Plaintiffs’ negligence and/or carelessness contributed to or caused the injuries or
`
`damages complained of, wherefore, the recovery of Plaintiffs is barred in whole or in
`
`part, or is subject to diminution.
`
`FIFTH SPECIAL DEFENSE
`
`Plaintiffs’ injuries or damages were caused in whole or in part by the negligence
`
`and/or carelessness of the Plaintiffs’ servants or agents, wherefore, the recovery of
`
`Plaintiffs is barred in whole or in part, or is subject to diminution.
`
`SIXTH SPECIAL DEFENSE
`
`The negligence and/or carelessness of Plaintiffs was greater than the alleged
`
`negligence of Morse TEC and such negligence and/or carelessness of Plaintiffs
`
`contributed to their alleged injuries or damages to such an extent that Plaintiffs is
`
`barred from recovery.
`
`SEVENTH SPECIAL DEFENSE
`
`At no time did Morse TEC enter into any contract with Plaintiffs and Morse TEC
`
`denies that privity of contract existed between Plaintiffs and Morse TEC.
`
`3860446
`14057.28056
`
`11
`
`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.
`
`
`
`EIGHTH SPECIAL DEFENSE
`
`Morse TEC gave no special warranties, either express or implied, to Plaintiffs or to
`
`anyone acting on their behalf.
`
`NINTH SPECIAL DEFENSE
`
`Any claim that Plaintiffs may have based on alleged breaches of express or
`
`implied warranties (allegations which Morse TEC specifically denies) are barred because
`
`Plaintiffs were not in privity of contract with Morse TEC.
`
`TENTH SPECIAL DEFENSE
`
`If there were express or implied warranties as alleged in the Complaint
`
`(allegations which Morse TEC specifically denies), Plaintiffs were not within the scope of
`
`any such alleged warranties because he/she/they were not a purchaser, and no sale to
`
`Plaintiffs ever occurred of any product sold or distributed by Morse TEC.
`
`ELEVENTH SPECIAL DEFENSE
`
`If Morse TEC, its servants or agents made any express warranties (allegations
`
`which Morse TEC specifically denies) then Plaintiffs did not rely on the express
`
`warranties and further, there was no such reliance by any person or entity authorized
`
`to represent Plaintiffs.
`
`3860446
`14057.28056
`
`12
`
`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.
`
`
`
`TWELFTH SPECIAL DEFENSE
`
`Plaintiffs failed to give notice of the alleged breach of warranties within a
`
`reasonable time as required by applicable statutes.
`
`THIRTEENTH SPECIAL DEFENSE
`
`Plaintiffs were not third-party beneficiaries with reference to any alleged
`
`warranties, either express or implied, and therefore Plaintiffs cannot recover in this
`
`action.
`
`FOURTEENTH SPECIAL DEFENSE
`
`If Plaintiffs prove that they were injured or damaged as alleged, said injuries were
`
`caused by intervening and/or superseding acts of third persons for whom Morse TEC is
`
`not liable.
`
`FIFTEENTH SPECIAL DEFENSE
`
`If Plaintiffs settled with and/or released other defendants or entities who are
`
`tortfeasors, Morse TEC is entitled to a reduction of any judgment either in the total of
`
`all the settlement amounts or the pro-rata share of fault of said tortfeasors as
`
`determined by the Court or Jury, whichever is greater.
`
`3860446
`14057.28056
`
`13
`
`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.
`
`
`
`SIXTEENTH SPECIAL DEFENSE
`
`Plaintiffs’ claims are barred by the doctrines of estoppel, laches and/or waiver.
`
`SEVENTEENTH SPECIAL DEFENSE
`
`The equipment supplied by Morse TEC which Plaintiffs allegedly used or were
`
`exposed to, if any, was not in the same condition as when sold, having been materially
`
`altered and/or modified sometime after the sale and prior to Plaintiffs’ alleged use or
`
`exposure.
`
`EIGHTEENTH SPECIAL DEFENSE
`
`Plaintiffs and/or other persons used equipment supplied by Morse TEC, if indeed
`
`any was used, in an unreasonable manner, not reasonably foreseeable to Morse TEC,
`
`and for a purpose for which the equipment was not intended, manufactured, or
`
`designed; Plaintiffs’ injuries and damages, if any, were directly and proximately caused
`
`by said misuse and abuse, and Plaintiffs’ recovery herein, if any, is barred or must be
`
`diminished in proportion to the fault attributable to Plaintiffs and/or such other parties
`
`and persons.
`
`3860446
`14057.28056
`
`14
`
`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.
`
`
`
`NINETEENTH SPECIAL DEFENSE
`
`At all relevant times hereto, the state of medical and scientific knowledge and the
`
`state of art or the design and manufacture of asbestos-containing products were such
`
`that Morse TEC neither knew nor should have known that equipment that Morse TEC
`
`supplied presented a significant risk of harm to Plaintiffs.
`
`TWENTIETH SPECIAL DEFENSE
`
`Plaintiffs have failed to mitigate damages and are, therefore, barred from
`
`recovery.
`
`TWENTY-FIRST SPECIAL DEFENSE
`
`The alleged injury or damage sustained as a result of the occupation of Plaintiffs
`
`was an occupational disease and accordingly Morse TEC is not liable or responsible for
`
`any occupational disease which was suffered or sustained by Plaintiffs in the course of
`
`Plaintiffs’ employment over a number of years.
`
`TWENTY-SECOND SPECIAL DEFENSE
`
`The utility of the equipment supplied by Morse TEC outweighs the danger
`
`allegedly involved, and therefore, Plaintiffs’ claims are barred as a matter of public
`
`policy.
`
`3860446
`14057.28056
`
`15
`
`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.
`
`
`
`TWENTY-THIRD SPECIAL DEFENSE
`
`The Complaint fails to state a claim upon which relief can be granted to the
`
`extent that it seeks punitive damages or exemplary damages, which are not recoverable
`
`under applicable law.
`
`TWENTY-FOURTH SPECIAL DEFENSE
`
`An award of punitive damages against any of the defendants in these cases would
`
`be unconstitutional and in violation of the due process and equal protection clause of
`
`the Fourteenth Amendment of the Constitution of the United States, and the
`
`corresponding provisions of the Constitution of the State of Connecticut.
`
`TWENTY-FIFTH SPECIAL DEFENSE
`
`If Plaintiffs were exposed to any equipment supplied by Morse TEC, then Morse
`
`TEC is not liable to Plaintiffs as a matter of law because of the government contract
`
`and/or government specification defenses.
`
`TWENTY-SIXTH SPECIAL DEFENSE
`
`Morse TEC avers that this court lacks jurisdiction based upon improper venue.
`
`3860446
`14057.28056
`
`16
`
`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.
`
`
`
`TWENTY-SEVENTH SPECIAL DEFENSE
`
`Morse TEC avers that this court should deny jurisdiction based upon forum non-
`
`conveniens.
`
`TWENTY-EIGHTH SPECIAL DEFENSE
`
` To the extent that the Plaintiffs seek to maintain a claim for relief on behalf of any
`
`decedent, the Plaintiffs lacks capacity and/or standing to maintain such claim for relief
`
`against Morse TEC.
`
`TWENTY-NINTH SPECIAL DEFENSE
`
`Morse TEC avers that this dispute may be decided under the law of another state
`
`or Maritime law based upon Plaintiffs’ alleged exposures.
`
`3860446
`14057.28056
`
`17
`
`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.
`
`
`
`DEFENDANT MORSE TEC LLC ’S ANSWER TO CROSS-CLAIMS
`
`Defendant Morse TEC hereby denies each and every allegation contained in any
`
`cross-claims or cross-complaints which have been or may be asserted against it, refers
`
`all questions of law to the Court and leaves cross-claim Plaintiffs to their proof.
`
`Defendant hereby adopts, as applicable to any cross-claims, all special defenses set
`
`forth in its Answer to Plaintiffs’ Complaint.
`
`WHEREFORE, this answering defendant demands judgment dismissing the
`
`cross-claim Plaintiffs’ various cross-claims with costs, disbursements and attorney’s
`
`fees; awarding judgment against Plaintiffs, and/or co-defendants, for the full amount of
`
`any verdict and judgment or for a proportionate share thereof that Plaintiffs may
`
`recover against this answering defendant; and for such other and further relief as this
`
`court may deem just and proper.
`
`3860446
`14057.28056
`
`18
`
`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.
`
`
`
`Respectfully submitted,
`
`DEFENDANT,
`MORSE TEC LLC
`
`
`By: /s/ 439994
`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
`
`
`
`3860446
`14057.28056
`
`19
`
`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.
`
`
`
`CERTIFICATION
`
`TTHEIR 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
`
`3860446
`14057.28056
`
`20
`
`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.
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
