STATE OF CONNECTICUT
`
`DOCKET NO.: FBT-CV23-6120092-S
`
` SUPERIOR COURT
`
`CONRAD JOHNS and ELIZABETH JOHNS,
`
`Plaintiffs,
`
`v.
`ALFA LAVAL, INC., et al.,
`
`Defendants.
`
` J.D. OF FAIRFIELD
` AT BRIDGEPORT
`
` June 15, 2023
`
`DEFENDANT VANDERBILT MINERALS, LLC’S ANSWER TO PLAINTIFFS’
`THIRD AMENDED COMPLAINT WITH SPECIAL DEFENSES AND ANSWER TO
` CROSS-CLAIMS AND THIRD PARTY COMPLAINTS
`
`Defendant, Vanderbilt Minerals, LLC, incorrectly sued as R.T. Vanderbilt Holding
`
`Company, Inc. (hereinafter “Vanderbilt” or “Defendant”), hereby files this Answer to the
`
`Plaintiffs’ Third Amended Complaint with Special Defenses and Answer to Cross-Claims and
`
`Third Party Complaints.
`
`COUNT I
`
`1.
`
`2.
`
`3.
`
`Defendant is without information or knowledge sufficient to admit or deny the
`
`truth of the allegations contained in Paragraph 1 and, as such, denies the same.
`
`Defendant is without information or knowledge sufficient to admit or deny the
`
`truth of the allegations contained in Paragraph 2 and, as such, denies the same.
`
`Defendant admits that it has conducted business in the state of Connecticut.
`
`Defendant denies each and every other allegation contained in this paragraph to
`
`the extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`
`
`
`
`DOCKET NO.: FBT-CV23-6120092-S
`
` SUPERIOR COURT
`
`CONRAD JOHNS and ELIZABETH JOHNS,
`
`Plaintiffs,
`
`v.
`ALFA LAVAL, INC., et al.,
`
`Defendants.
`
` J.D. OF FAIRFIELD
` AT BRIDGEPORT
`
` June 15, 2023
`
`DEFENDANT VANDERBILT MINERALS, LLC’S ANSWER TO PLAINTIFFS’
`THIRD AMENDED COMPLAINT WITH SPECIAL DEFENSES AND ANSWER TO
` CROSS-CLAIMS AND THIRD PARTY COMPLAINTS
`
`Defendant, Vanderbilt Minerals, LLC, incorrectly sued as R.T. Vanderbilt Holding
`
`Company, Inc. (hereinafter “Vanderbilt” or “Defendant”), hereby files this Answer to the
`
`Plaintiffs’ Third Amended Complaint with Special Defenses and Answer to Cross-Claims and
`
`Third Party Complaints.
`
`COUNT I
`
`1.
`
`2.
`
`3.
`
`Defendant is without information or knowledge sufficient to admit or deny the
`
`truth of the allegations contained in Paragraph 1 and, as such, denies the same.
`
`Defendant is without information or knowledge sufficient to admit or deny the
`
`truth of the allegations contained in Paragraph 2 and, as such, denies the same.
`
`Defendant admits that it has conducted business in the state of Connecticut.
`
`Defendant denies each and every other allegation contained in this paragraph to
`
`the extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`
`
`
`
`4.
`
`Defendant is without information or knowledge sufficient to form a belief as to
`
`the truth of the allegations contained in Paragraph 4 and, therefore, denies the
`
`same.
`
`5.
`
`Defendant is without information or knowledge sufficient to form a belief as to
`
`the truth of the allegations contained in Paragraph 5 and, therefore, denies the
`
`same.
`
`6.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`7.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`8.
`
`Defendant and is without information or knowledge sufficient to form a belief as
`
`to the truth of the allegations contained in Paragraph 8 and, therefore, denies the
`
`same.
`
`9.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`10.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`2
`
`
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`11.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`12.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`13.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`14.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`15.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`3
`
`
`
`16.
`
`Defendant denies each and every one of the allegations contained in this
`
`paragraph and subparagraphs (a)(i-ii), (b)(i-v), (c)(i-iii), and (d) to the extent the
`
`allegations relate to Defendant and is without information or knowledge sufficient
`
`to form a belief as to the truth of the allegations as they relate to other Defendants
`
`and, therefore, denies the same.
`
`17.
`
`Defendant and is without information or knowledge sufficient to form a belief as
`
`to the truth of the allegations contained in Paragraph 17 and, therefore, denies the
`
`same.
`
`18.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`19.
`
`Defendant and is without information or knowledge sufficient to form a belief as
`
`to the truth of the allegations contained in Paragraph 19 and, therefore, denies the
`
`same.
`
`20.
`
`Defendant and is without information or knowledge sufficient to form a belief as
`
`to the truth of the allegations contained in Paragraph 20 and, therefore, denies the
`
`same.
`
`21.
`
`Defendant and is without information or knowledge sufficient to form a belief as
`
`to the truth of the allegations contained in Paragraph 21 and, therefore, denies the
`
`same.
`
`4
`
`
`
`22.
`
`This paragraph contains conclusions of law which no response is required. In the
`
`event
`
`that a response
`
`is required, Defendant denies
`
`the allegations
`
`in
`
`Paragraph 22.
`
`23.
`
`This paragraph contains conclusions of law which no response is required. In the
`
`event
`
`that a response
`
`is required, Defendant denies
`
`the allegations
`
`in
`
`Paragraph 23.
`
`COUNT II
`
`1-23. The Defendant’s answers to Paragraphs 1 through 23 of the First Count are
`
`incorporated by reference and hereby made the Defendant’s answers to
`
`Paragraphs 1 through 23 of this, the Second Count.
`
`24-27. Defendant denies each and every allegation contained in these paragraphs to the
`
`extent the allegations relate to Defendant and is without information or
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`28.
`
`This paragraph contains conclusions of law which no response is required. In the
`
`event
`
`that a response
`
`is required, Defendant denies
`
`the allegations
`
`in
`
`Paragraph 28.
`
`COUNT III
`
`1-28. The Defendant’s answers to Paragraphs 1 through 28 of the previous Counts are
`
`incorporated by reference and hereby made the Defendant’s answers to
`
`Paragraphs 1 through 28 of this, the Third Count.
`
`29.
`
`Defendant denies each and every allegation contained in this paragraph to the
`
`extent the allegations relate to Defendant and is without information or
`
`5
`
`
`
`knowledge sufficient to form a belief as to the truth of the allegations as they
`
`relate to other Defendants and, therefore, denies the same.
`
`The following paragraphs are prayers for relief, to which no response is required.
`
`FIRST SPECIAL DEFENSE
`
`Defendant avers that Plaintiff, Conrad Johns (hereinafter “Mr. Johns”), was negligent in
`
`bringing about any injuries allegedly sustained via acts or omissions, including, but not limited
`
`to, failure to properly handle asbestos-containing products, failure to take precautions in the use
`
`of asbestos-containing products, failure to heed warnings, and failure to use products in the
`
`manner for which their use was intended.
`
`SECOND SPECIAL DEFENSE
`
`Mr. Johns failed to take reasonable precautions for his own safety and otherwise failed to
`
`take reasonable action to mitigate or minimize his alleged damages, if any.
`
`THIRD SPECIAL DEFENSE
`
`Defendant avers that the state of the medical and scientific knowledge regarding its
`
`products and/or its contents, at all times material hereto, were such that Defendant never knew
`
`nor could have known that its products presented any risk or harm to Mr. Johns, if such products
`
`were properly used.
`
`FOURTH SPECIAL DEFENSE
`
`Defendant expressly denies that it manufactured, designed and/or sold any products
`
`referred to in Plaintiffs’ Complaint which caused injury to Mr. Johns. Notwithstanding, the
`
`products of Defendant which Mr. Johns allegedly used or was exposed to, if any, were not in the
`
`same condition as those sold, having been materially altered sometime after the sale and prior to
`
`the use or exposure as alleged.
`
`6
`
`
`
`FIFTH SPECIAL DEFENSE
`
`Although Mr. Johns’ employer(s) or its agents, servants, or employees, was in control
`
`and possession of the surrounding environment and worksite of its employees and was charged
`
`with the responsibility of maintaining a safe workplace for such persons under its control, it
`
`failed to do so, thereby exposing Mr. Johns to an alleged unreasonable condition.
`
`SIXTH SPECIAL DEFENSE
`
`Mr. Johns’ injuries and losses, if any, were caused by the abnormal and unintended use
`
`and misuse of said products by Mr. Johns and/or others.
`
`SEVENTH SPECIAL DEFENSE
`
`Plaintiffs never, prior to the filing of this Complaint, informed Defendant, by notification
`
`or otherwise, of any breach of express and/or implied warranties. Plaintiffs failed to give notice
`
`of the alleged breach of warranties within a reasonable time as required by applicable Statutes.
`
`Consequently, the claims of breach of express and/or implied warranties against Defendant are
`
`barred.
`
`EIGHTH SPECIAL DEFENSE
`
`Mr. Johns’ injuries and losses, if any, were caused by alterations or modifications of
`
`Defendant’s products without its consent in a manner which could not have reasonably have
`
`been anticipated by Defendant.
`
`NINTH SPECIAL DEFENSE
`
`Defendant denies that there existed any warranties, either express or implied, between it
`
`and Plaintiffs in this action. If any warranties, either express or implied, existed in this case,
`
`which Defendant denies, Defendant did not breach said warranties.
`
`7
`
`
`
`TENTH SPECIAL DEFENSE
`
`Any alleged defect or risk or known foreseeable danger attendant to the use of asbestos-
`
`containing products was known to Mr. Johns or should have been known to him at the same time
`
`they became known to Defendant and Mr. Johns voluntarily and unnecessarily exposed himself
`
`thereto and assumed the risk thereof.
`
`ELEVENTH SPECIAL DEFENSE
`
`Defendant avers that if any of Defendant’s agents or servants made any express
`
`warranties (allegations that Defendant specifically denies), then the agent or servants of
`
`Defendant did so without authority, express or implied.
`
`TWELFTH SPECIAL DEFENSE
`
`Defendant avers that if Defendant, its agents, or servants made any warranties, express or
`
`implied (allegations that Defendant specifically denies), then Mr. Johns did not rely on the
`
`express warranties, and further, there was no such reliance by any person or entity authorized to
`
`represent the Plaintiffs.
`
`THIRTEENTH SPECIAL DEFENSE
`
`Defendant avers that if it supplied any asbestos product, either directly or indirectly, to
`
`Mr. Johns, the product was supplied in accordance with specifications established and
`
`promulgated by agencies or departments of the United States of America, and/or other persons
`
`and/or entities.
`
`FOURTEENTH SPECIAL DEFENSE
`
`Defendant avers that at all relevant times hereto, the state of medical and scientific
`
`knowledge, and the state of the art or the design and manufacture of asbestos-containing
`
`products, was such that Defendant neither knew nor should have known that asbestos-containing
`
`products presented a significant risk of harm to Mr. Johns.
`
`8
`
`
`
`FIFTEENTH SPECIAL DEFENSE
`
`Defendant avers that if Mr. Johns was a user of tobacco products, such use contributed to
`
`any lung disease from which Mr. Johns allegedly suffered. Further, the tobacco industry placed
`
`warnings on its products notifying the public of potential hazards associated with its use, which
`
`hazards Mr. Johns knew or should have known may have adversely affected his health.
`
`SIXTEENTH SPECIAL DEFENSE
`
`Defendant avers that the utility of the products manufactured by Defendant outweighed
`
`the danger allegedly involved, and, therefore, Plaintiffs’ claims are barred as a matter of
`
`public policy.
`
`SEVENTEENTH SPECIAL DEFENSE
`
`Defendant avers that any exposure of Mr. Johns to Defendant’s product or products,
`
`which Defendant denies, was so minimal as to be insufficient to establish to a reasonable degree
`
`of probability that the product or products caused Mr. Johns claimed injuries or illness.
`
`EIGHTEENTH SPECIAL DEFENSE
`
`Defendant avers that it did not manufacture or sell the asbestos-containing products to
`
`which Mr. Johns alleged exposure.
`
`NINETEENTH SPECIAL DEFENSE
`
`If Plaintiffs settled with and/or released other defendants or entities who are tortfeasors,
`
`this Defendant is entitled to a reduction of any judgment either in the total of all settlements
`
`amounts or the pro rata share of fault of said tortfeasors as determined by the Court or jury,
`
`whichever is greater.
`
`TWENTIETH SPECIAL DEFENSE
`
`Defendant avers that the claims for punitive damages against it are groundless in fact, and
`
`that Plaintiffs’ Complaint fails to state a claim against it upon which relief can be granted in that
`
`9
`
`
`
`the cause of action for punitive damages allegedly asserted is not a cause of action cognizable or
`
`actionable under the law of the State of Connecticut, in the circumstances of the instant action.
`
`TWENTY-FIRST SPECIAL DEFENSE
`
`If Plaintiff Conrad Johns is barred from recovery, then the action of Plaintiff/spouse Elizabeth
`
`Johns for loss of consortium is also barred because it is a derivative action.
`
`ANSWER TO CROSS-CLAIMS AND THIRD-PARTY COMPLAINTS
`
`Defendant hereby denies each and every allegation contained in any cross-claims or
`
`third-party complaints which may be asserted against it, refers all questions of law to the Court
`
`and leaves cross-claim plaintiffs and third-party plaintiffs to their respective burdens of proof.
`
`Respectfully Submitted,
`Defendant,
`Vanderbilt Minerals, LLC,
`By its counsel,
`
`/s/ Charles E. Sheehan
`Bryan M. Abramoske
`Juris # 431231
`babramoske@cetllp.com
`Charles E. Sheehan
`Juris # 441732
`csheehan@cetllp.com
`Juris # 440520
`CETRULO LLP
`Two Seaport Lane, 10th Floor
`Boston, MA 02210
`Tel. (617) 217-5500
`Fax. (617) 217-5200
`
`10
`
`
`
`CERTIFICATION OF SERVICE
`
`I hereby certify that on this 15th day of June, 2023, a true copy of the foregoing was
`served via first-class mail, postage prepaid, to Plaintiffs’ counsel and via electronic mail to all
`Defense Counsel of Record.
`
`/s/ Charles E. Sheehan
`Charles E. Sheehan
`
`27882360v1
`
`11
`
`
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