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`____________________________________
`FBT-CV23-6120092-S
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`CONRAD JOHNS and
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`ELIZABETH JOHNS
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`Plaintiffs,
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`ALFA LAVAL, INC., et al.
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`Defendants.
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`____________________________________ :
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`SUPERIOR COURT
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`J.D. FAIRFIELD
`AT BRIDGEPORT
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`MAY 23, 2023
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`WARD LEONARD CT LLC’S ANSWER TO THIRD AMENDED COMPLAINT
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`The Defendant, Ward Leonard CT LLC, (incorrectly named as WARD LEONARD
`ELECTRIC COMPANY, INC.) (“WARD LEONARD”), hereby responds to Plaintiffs’ Third
`Amended Complaint (#140), upon information and belief as follows:
`
`COUNT I
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`WARD LEONARD is without knowledge or information sufficient to form a belief as to
`1.
`the allegations contained in Paragraph 1 of Plaintiffs’ Complaint, and therefore leaves the
`Plaintiffs to their burden of proof.
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`WARD LEONARD is without knowledge or information sufficient to form a belief as to
`2.
`the allegations contained in Paragraph 2 of Plaintiffs’ Complaint, and therefore leaves the
`Plaintiffs to their burden of proof.
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`Insofar as the allegations of Paragraph 3 relate to WARD LEONARD, they are
`3.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 3.
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`WARD LEONARD is without knowledge or information sufficient to form a belief as to
`4.
`the allegations contained in Paragraph 4 of Plaintiffs’ Complaint, and therefore leaves the
`Plaintiffs to their burden of proof.
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`Insofar as the allegations of Paragraph 5 relate to WARD LEONARD, they are denied.
`5.
`WARD LEONARD is without knowledge and information sufficient to form a belief as to the
`remaining allegations of Paragraph 5.
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`{H0231295.1}
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` Insofar as the allegations of Paragraph 6 relate to WARD LEONARD, they are
`6.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 6.
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`Insofar as the allegations of Paragraph 7 relate to WARD LEONARD, they are
`7.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 7.
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`Insofar as the allegations of Paragraph 8 relate to WARD LEONARD, they are
`8.
`denied. WARD LEONARD is without knowledge and information sufficient to form a belief as
`to the truth of the remaining allegations contained in Paragraph 8.
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`Insofar as the allegations of Paragraph 9 relate to WARD LEONARD, they are
`9.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 9.
`
`Insofar as the allegations of Paragraph 10 relate to WARD LEONARD, they are
`10.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 10.
`
`Insofar as the allegations of Paragraph 11 relate to WARD LEONARD, they are
`11.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 11.
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`Insofar as the allegations of Paragraph 12 relate to WARD LEONARD, they are
`12.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 12.
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`Insofar as the allegations of Paragraph 13 relate to WARD LEONARD, they are
`13.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 13.
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`Insofar as the allegations of Paragraph 14 relate to WARD LEONARD, they are
`14.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 14.
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`Insofar as the allegations of Paragraph 15 relate to WARD LEONARD, they are
`15.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 15.
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`16 a.–d. Insofar as the allegations of Paragraphs 16 a-d relate to WARD LEONARD, they are
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraphs 16 a–d.
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`{H0231295.1}
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`Insofar as the allegations of Paragraph 17 relate to WARD LEONARD, they are
`17.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 17.
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`Insofar as the allegations of Paragraph 18 relate to WARD LEONARD, they are
`18.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 18.
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`Insofar as the allegations of Paragraph 19 relate to WARD LEONARD, they are
`19.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 19.
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`20. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the allegations of Paragraph 20.
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`21. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the allegations of Paragraph 21.
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`Paragraph 22 contains conclusions of law to which no response is required. Insofar as
`22.
`Paragraph 22 contains any factual allegations relating to WARD LEONARD, they are denied.
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`Paragraph 23 contains conclusions of law to which no response is required. Insofar as
`23.
`Paragraph 23 contains any factual allegations relating to WARD LEONARD, they are denied.
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`COUNT II
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`1.–23. WARD LEONARD repeats and reiterates its responses to above Paragraphs 1 through 23
`herein, with the same force and effect as though set forth at length.
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`Insofar as the allegations of Paragraph 24 relate to WARD LEONARD, they are
`24.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 24.
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`Insofar as the allegations of Paragraph 25 relate to WARD LEONARD, they are
`25.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 25.
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`Insofar as the allegations of Paragraph 26 relate to WARD LEONARD, they are
`26.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 26.
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`{H0231295.1}
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`Insofar as the allegations of Paragraph 27 relate to WARD LEONARD, they are
`27.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 27.
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`Paragraph 28 contains conclusions of law to which no response is required. Insofar as
`28.
`Paragraph 28 contains any factual allegations relating to WARD LEONARD, they are denied.
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`COUNT III
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`1.–28. WARD LEONARD repeats and reiterates its responses to above Paragraphs 1 through 28
`herein, with the same force and effect as though set forth at length.
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`Insofar as the allegations of Paragraph 29 relate to WARD LEONARD, they are
`29.
`denied. WARD LEONARD is without knowledge or information sufficient to form a belief as to
`the truth of the remaining allegations of Paragraph 29.
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`SPECIAL DEFENSES
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`FIRST DEFENSE
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`WARD LEONARD avers that the Complaint is barred by the applicable Statutes of Limitation
`and Repose set forth in Connecticut General Statute 52-577a.
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`SECOND DEFENSE
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`The Plaintiffs’ claims are barred or limited by comparative or contributory negligence.
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`THIRD DEFENSE
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`The damages allegedly incurred by Plaintiff-worker were the result of intervening and/or
`superseding acts or omissions of parties over whom WARD LEONARD had no control and for
`whose conduct WARD LEONARD bears no responsibility.
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`FOURTH DEFENSE
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`At all times relevant hereto, the knowledge of Plaintiff-worker’s employer(s) was superior to that
`of WARD LEONARD with respect to possible health hazards associated with Plaintiff-worker’s
`employment, and, therefore, if there was any duty to warn Plaintiff or provide protection to him,
`it was the duty of said employer(s), not of WARD LEONARD, and breach of that duty was an
`intervening and/or superseding cause of the injuries allegedly sustained by Plaintiff.
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`{H0231295.1}
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`FIFTH DEFENSE
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`In the event that it is shown that Plaintiff-worker used any product or material, as alleged in the
`Complaint, which gave rise to the injuries as set forth therein, the same was misused, abused,
`modified, altered or subjected to abnormal use.
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`SIXTH DEFENSE
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`Plaintiff-worker and his employer(s) were sophisticated users of products allegedly containing
`asbestos and had adequate knowledge of the dangers and risks associated with using or working
`around asbestos.
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`SEVENTH DEFENSE
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`The claims in the Complaint and each count thereof that seek exemplary or punitive damages
`violate WARD LEONARD’s right to procedural due process as provided in the Fifth and
`Fourteenth Amendments of the United States Constitution and Article I, Sections 1, 8 and 10,
`and all other applicable provisions of the Constitution of the State of Connecticut.
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`EIGHTH DEFENSE
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`The claims in the Complaint and each count thereof that seek exemplary or punitive damages
`violate WARD LEONARD’s right to equal protection under the law and are otherwise
`unconstitutional under the Fourteenth Amendment of the United States Constitution and Article
`I, Section 1, and all other applicable provisions of the Constitution of the State of Connecticut.
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`NINTH DEFENSE
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`This claims in the Complaint and each count thereof that seek exemplary or punitive damages
`violate WARD LEONARD’s right to protection from "excessive fines" as provided in Article I,
`Section 8 of the Constitution of the State of Connecticut.
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`TENTH DEFENSE
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`This action is barred under the Doctrine of Laches.
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`ELEVENTH DEFENSE
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`WARD LEONARD states that the utility of the products manufactured by WARD LEONARD
`outweighs the danger allegedly involved, and therefore Plaintiffs’ claims are barred as a matter
`of public policy.
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`TWELFTH DEFENSE
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`With respect to the Plaintiffs’ claim for alleged breaches of warranty, WARD LEONARD avers
`that such claims are barred by reason of lack of the Plaintiffs’ failure to give reasonable notice of
`the alleged breaches as required by law, pursuant to Connecticut General Statute 42a-2-607.
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`{H0231295.1}
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`THIRTEENTH DEFENSE
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`With respect to the Plaintiffs’ claims for alleged breaches of warranty, WARD LEONARD avers
`that such claims are barred by reason of lack of privity, pursuant to Connecticut General Statute
`42a-2-318.
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`FOURTEENTH DEFENSE
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`WARD LEONARD avers that if Plaintiffs settled with and/or released other defendants or
`entities who are tortfeasors, then WARD LEONARD 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.
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`FIFTEENTH DEFENSE
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`Plaintiffs are not persons whom WARD LEONARD reasonably could have expected to use,
`consume, or be affected by its products.
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`SIXTEENTH DEFENSE
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`The injuries complained of by the Plaintiffs are wholly or partially caused by independent
`means, including inter alia, the conduct and habits of the Plaintiff-worker and exposure to other
`particulates in the environment.
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`SEVENTEENTH DEFENSE
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`An action for breach of warranty was not available to Plaintiff-worker during the period of the
`allegedly injurious exposure to, use of, or contact with products allegedly manufactured by
`WARD LEONARD.
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`EIGHTEENTH DEFENSE
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`No warranty of any kind was extended to the Plaintiffs in this matter
`.
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`NINETEENTH DEFENSE
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`WARD LEONARD never made any affirmation of fact, representation or conducted itself in any
`manner so as to constitute an express or implied warranty. If any of WARD LEONARD’s agents
`or servants made any warranties (allegations which WARD LEONARD specifically denies),
`then the agent or servants of the defendant did so without authority, express or implied.
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`TWENTIETH DEFENSE
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`If WARD LEONARD’s servants or agents made any warranties (allegations which WARD
`LEONARD specifically denies), then the Plaintiffs did not rely on the warranties and there was
`no such reliance by any person or entity authorized to represent the Plaintiffs.
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`{H0231295.1}
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`TWENTY-FIRST DEFENSE
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`If WARD LEONARD’s agents or servants made any warranties, express or implied (allegations
`which WARD LEONARD specifically denies), then WARD LEONARD denies that it breached
`any of the warranties.
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`TWENTY-SECOND DEFENSE
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`The Plaintiffs fail to state a claim in express or implied warranty of merchantability or fitness for
`a particular purpose because no particular purpose is alleged as between the buyer and sellers so
`as to permit a cause of action by the Plaintiffs.
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`TWENTY-THIRD DEFENSE
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`If the Plaintiff-worker establishes any exposure to WARD LEONARD’s products, said exposure
`would have been so minimal as to be insufficient to establish to a reasonable degree of
`probability that its products caused Plaintiff-worker’s claimed injuries.
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`TWENTY-FOURTH DEFENSE
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`If it is proven at trial that products of WARD LEONARD were furnished as alleged to Plaintiff-
`worker’s employers and said products were used in the fashion alleged, which is specifically
`denied, then any product manufactured or processed by WARD LEONARD which was or may
`have been so furnished and which was so used, was furnished in strict conformity to the
`conditions specified or to the specifications issued by or under the direction of said employers.
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`TWENTY-FIFTH DEFENSE
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`WARD LEONARD avers that the state of the medical and scientific knowledge regarding
`asbestos-containing products and/or their contents, at all times material hereto, was such that
`WARD LEONARD never knew or could have known that its product presented any risk or harm
`to the Plaintiffs if such product were properly used.
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`TWENTY-SIXTH DEFENSE
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`Plaintiffs’ claims are barred by estoppel and waiver.
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`TWENTY-SEVENTH DEFENSE
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`Plaintiffs’ claims are barred because the injuries and damages allegedly suffered were caused in
`whole or in part by the violation by the Plaintiff-worker, his servants or agents, of the various
`statutes, ordinances and regulations governing the conduct of the parties at the time said injuries
`or damages were sustained.
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`{H0231295.1}
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`TWENTY-EIGHTH DEFENSE
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`WARD LEONARD avails itself of, and adopts, such other defenses raised by any other
`Defendants as may be applicable.
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`TWENTY-NINTH DEFENSE
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`Plaintiffs’ Complaint should be dismissed for misnomer of a party.
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`THIRTIETH DEFENSE
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`WARD LEONARD states that Plaintiffs have failed to join a party or parties necessary for a just
`adjudication of this matter, and have further omitted to state any reasons for such failure.
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`THIRTY-FIRST DEFENSE
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`WARD LEONARD states that Plaintiffs’ claims against WARD LEONARD are barred because
`the damages or losses experienced, if any, were not due to any act or failure to act of this
`Defendant, but were caused solely by the acts of a third-party or parties for whose acts or failure
`to act WARD LEONARD is not responsible.
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`THIRTY-SECOND DEFENSE
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`If WARD LEONARD failed to perform any of its agreement contained in any instrument, all of
`which it specifically denies, it was excused from the performance of such agreements.
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`THIRTY-THIRD DEFENSE
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`WARD LEONARD denies that there was any defect or negligent mining, processing,
`manufacture, design, testing, investigation, fashioning, packaging, distributing, delivery and/or
`sale, in any asbestos containing product material referred to in Plaintiffs’ Complaint, but if there
`was any defect or negligence as alleged, then WARD LEONARD is not liable as it justifiably
`relied upon inspection by others in the regular course of trade and business.
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`THIRTY-FOURTH DEFENSE
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`WARD LEONARD states that if Plaintiff-worker was a user of a tobacco product, such use
`contributed to any lung disease from which Plaintiff-worker suffered, and further answering,
`WARD LEONARD states that the tobacco industry placed warnings on its products notifying the
`public of potential hazards associated with its use, which hazards Plaintiff-worker knew or
`should have known may have affected his health adversely.
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`{H0231295.1}
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`THIRTY-FIFTH DEFENSE
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`Any WARD LEONARD products encountered by the plaintiff were manufactured and supplied
`to the United States Navy in accordance with contract specifications determined by the United
`States government.
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`3.
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`4.
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`CROSS-CLAIMS
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`Plaintiffs in this action filed a Third Amended Complaint against Defendant/Cross-Claim
`Plaintiff alleging that the Plaintiffs sustained certain asbestos-related diseases and other
`injuries, and all said allegations were denied by Defendant/Cross-Claim Plaintiff.
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`Although Defendant WARD LEONARD denies all the claims set forth in Plaintiffs’
`Third Amended Complaint, in the event that Defendant WARD LEONARD is found
`liable to the Plaintiffs, then all other defendants are liable for common law contribution,
`and/or equitable contribution, and/or statutory contribution pursuant to Conn. Gen. Stat. §
`52-572o, and/or allocation of fault.
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`Only in the event that Defendant WARD LEONARD is found liable to the Plaintiffs, for
`purposes of this Cross Claim, all allegations set forth in the Plaintiffs’ Third Amended
`Complaint or related third-party Complaints against said defendants are adopted and
`incorporated as if set forth fully herein.
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`Only in the event that Defendant WARD LEONARD is found liable to Plaintiffs, in
`whole or in part, then the Cross-Claim Defendants are liable to Defendant WARD
`LEONARD for all or part of Plaintiffs’ claimed damages.
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`WHEREFORE, Defendant/Cross-Claim Plaintiff claims:
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`a. Contribution for Plaintiffs’ alleged damages pursuant to Conn. Gen. Stat. § 52- 572o;
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`b. Common law and/or equitable contribution from the Cross-Claim Defendants for
`their share of any judgment rendered in favor of the Plaintiffs;
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`c. An allocation of responsibility among defendants; and,
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`d. Such other relief as the Court may deem just and proper.
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`{H0231295.1}
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`ANSWER TO CROSS-CLAIMS
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`Defendant WARD LEONARD hereby denies each and every allegation contained in any
`cross-claims or cross-complaints which may be asserted against it, refers all questions of law to
`the Court and leaves Cross-Claim Plaintiff(s) to their proof.
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`WHEREFORE, WARD LEONARD demands judgment dismissing the Plaintiffs’
`Complaint 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 WARD LEONARD; and for such other and
`further relief as this court may deem just and proper.
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`The Defendant,
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`WARD LEONARD CT LLC,
`By its Attorneys,
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`/s/ John R. Felice
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`John R. Felice CT JURIS #435040
`CLYDE & CO US LLP
`265 Franklin Street, Seventh Floor
`Boston, MA 02110-3113
`(617) 728-0050
`(617) 728-0052 (Fax)
`John.Felice@clydeco.us
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`Dated: May 23, 2023
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`{H0231295.1}
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing was mailed or electronically delivered to
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`Plaintiffs’ counsel of record, and notice of filing was sent via electronic mail to all defense
`counsel, with copies being provided upon request, on this 23rd day of May, 2023.
`
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`Kyle R. Navin, Esq.
`Early, Luccarelli, Sweeney & Meisenkothen
`One Century Tower, 11th Floor
`265 Church Street
`New Haven, CT 06510
`knavin@elslaw.com
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`/s/ John R. Felice
`John R. Felice
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`{H0231295.1}
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