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`DOCKET NO.: FBT-CV23-6120092-S
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` SUPERIOR COURT
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`CONRAD JOHNS and ELIZABETH JOHNS,
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`Plaintiffs,
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`v.
`ALFA LAVAL, INC., et al.,
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`Defendants.
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` J.D. OF FAIRFIELD
` AT BRIDGEPORT
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` June 15, 2023
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`DEFENDANT PNEUMO ABEX, LLC’S ANSWER TO PLAINTIFFS’ THIRD
`AMENDED COMPLAINT WITH SPECIAL DEFENSES AND ANSWER TO
` CROSS-CLAIMS AND THIRD PARTY COMPLAINTS
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`Defendant, Pneumo Abex, LLC (hereinafter “Abex” or “Defendant”), hereby files this
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`Answer to the Plaintiffs’ Third Amended Complaint with Special Defenses and Answer to
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`Cross-Claims and Third Party Complaints.
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`COUNT I
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`1.
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`2.
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`3.
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`Defendant is without information or knowledge sufficient to admit or deny the
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`truth of the allegations contained in Paragraph 1 and, as such, denies the same.
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`Defendant is without information or knowledge sufficient to admit or deny the
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`truth of the allegations contained in Paragraph 2 and, as such, denies the same.
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`Defendant admits that it has conducted business in the state of Connecticut.
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`Defendant denies each and every other allegation contained in this paragraph to
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`the extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`4.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 4 and, therefore, denies the
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`same.
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`5.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 5 and, therefore, denies the
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`same.
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`6.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`7.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`8.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 8 and, therefore, denies the
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`same.
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`9.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`10.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`2
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`11.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`12.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`13.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`14.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`15.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`3
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`16.
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`Defendant denies each and every one of the allegations contained in this
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`paragraph and subparagraphs (a)(i-ii), (b)(i-v), (c)(i-iii), and (d) to the extent the
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`allegations relate to Defendant and is without information or knowledge sufficient
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`to form a belief as to the truth of the allegations as they relate to other Defendants
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`and, therefore, denies the same.
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`17.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 17 and, therefore, denies the
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`same.
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`18.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`19.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 19 and, therefore, denies the
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`same.
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`20.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 20 and, therefore, denies the
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`same.
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`21.
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`Defendant and is without information or knowledge sufficient to form a belief as
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`to the truth of the allegations contained in Paragraph 21 and, therefore, denies the
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`same.
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`22.
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`This paragraph contains conclusions of law which no response is required. In the
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`event that a response is required, Defendant denies the allegations in Paragraph
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`22.
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`23.
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`This paragraph contains conclusions of law which no response is required. In the
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`event that a response is required, Defendant denies the allegations in Paragraph
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`23.
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`COUNT II
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`1-23. The Defendant’s answers to Paragraphs 1 through 23 of the First Count are
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`incorporated by reference and hereby made the Defendant’s answers to
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`Paragraphs 1 through 23 of this, the Second Count.
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`24-27. Defendant denies each and every allegation contained in these paragraphs to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`28.
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`This paragraph contains conclusions of law which no response is required. In the
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`event that a response is required, Defendant denies the allegations in Paragraph
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`28.
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`COUNT III
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`1-28. The Defendant’s answers to Paragraphs 1 through 28 of the previous Counts are
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`incorporated by reference and hereby made the Defendant’s answers to
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`Paragraphs 1 through 28 of this, the Third Count.
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`29.
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`Defendant denies each and every allegation contained in this paragraph to the
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`extent the allegations relate to Defendant and is without information or
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`knowledge sufficient to form a belief as to the truth of the allegations as they
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`relate to other Defendants and, therefore, denies the same.
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`The following paragraphs are prayers for relief, to which no response is required.
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`FIRST SPECIAL DEFENSE
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`Defendant avers that Plaintiff, Conrad Johns (hereinafter “Mr. Johns”), was negligent in
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`bringing about any injuries allegedly sustained via acts or omissions, including, but not limited
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`to, failure to properly handle asbestos-containing products, failure to take precautions in the use
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`of asbestos-containing products, failure to heed warnings, and failure to use products in the
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`manner for which their use was intended.
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`SECOND SPECIAL DEFENSE
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`Mr. Johns failed to take reasonable precautions for his own safety and otherwise failed to
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`take reasonable action to mitigate or minimize his alleged damages, if any.
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`THIRD SPECIAL DEFENSE
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`Defendant avers that the state of the medical and scientific knowledge regarding its
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`products and/or its contents, at all times material hereto, were such that Defendant never knew
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`nor could have known that its products presented any risk or harm to Mr. Johns, if such products
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`were properly used.
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`FOURTH SPECIAL DEFENSE
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`Defendant expressly denies that it manufactured, designed and/or sold any products
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`referred to in Plaintiffs’ Complaint which caused injury to Mr. Johns. Notwithstanding, the
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`products of Defendant which Mr. Johns allegedly used or was exposed to, if any, were not in the
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`same condition as those sold, having been materially altered sometime after the sale and prior to
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`the use or exposure as alleged.
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`FIFTH SPECIAL DEFENSE
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`Although Mr. Johns’ employer(s) or its agents, servants, or employees, was in control
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`and possession of the surrounding environment and worksite of its employees and was charged
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`with the responsibility of maintaining a safe workplace for such persons under its control, it
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`failed to do so, thereby exposing Mr. Johns to an alleged unreasonable condition.
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`SIXTH SPECIAL DEFENSE
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`Mr. Johns’ injuries and losses, if any, were caused by the abnormal and unintended use
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`and misuse of said products by Mr. Johns and/or others.
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`SEVENTH SPECIAL DEFENSE
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`Plaintiffs never, prior to the filing of this Complaint, informed Defendant, by notification
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`or otherwise, of any breach of express and/or implied warranties. Plaintiffs failed to give notice
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`of the alleged breach of warranties within a reasonable time as required by applicable Statutes.
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`Consequently, the claims of breach of express and/or implied warranties against Defendant are
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`barred.
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`EIGHTH SPECIAL DEFENSE
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`Mr. Johns’ injuries and losses, if any, were caused by alterations or modifications of
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`Defendant’s products without its consent in a manner which could not have reasonably have
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`been anticipated by Defendant.
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`NINTH SPECIAL DEFENSE
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`Defendant denies that there existed any warranties, either express or implied, between it
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`and Plaintiffs in this action. If any warranties, either express or implied, existed in this case,
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`which Defendant denies, Defendant did not breach said warranties.
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`TENTH SPECIAL DEFENSE
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`Any alleged defect or risk or known foreseeable danger attendant to the use of asbestos-
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`containing products was known to Mr. Johns or should have been known to him at the same time
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`they became known to Defendant and Mr. Johns voluntarily and unnecessarily exposed himself
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`thereto and assumed the risk thereof.
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`ELEVENTH SPECIAL DEFENSE
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`Defendant avers that if any of Defendant’s agents or servants made any express
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`warranties (allegations that Defendant specifically denies), then the agent or servants of
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`Defendant did so without authority, express or implied.
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`TWELFTH SPECIAL DEFENSE
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`Defendant avers that if Defendant, its agents, or servants made any warranties, express or
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`implied (allegations that Defendant specifically denies), then Mr. Johns did not rely on the
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`express warranties, and further, there was no such reliance by any person or entity authorized to
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`represent the Plaintiffs.
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`THIRTEENTH SPECIAL DEFENSE
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`Defendant avers that if it supplied any asbestos product, either directly or indirectly, to
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`Mr. Johns, the product was supplied in accordance with specifications established and
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`promulgated by agencies or departments of the United States of America, and/or other persons
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`and/or entities.
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`FOURTEENTH SPECIAL DEFENSE
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`Defendant avers that at all relevant times hereto, the state of medical and scientific
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`knowledge, and the state of the art or the design and manufacture of asbestos-containing
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`products, was such that Defendant neither knew nor should have known that asbestos-containing
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`products presented a significant risk of harm to Mr. Johns.
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`FIFTEENTH SPECIAL DEFENSE
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`Defendant avers that if Mr. Johns was a user of tobacco products, such use contributed to
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`any lung disease from which Mr. Johns allegedly suffered. Further, the tobacco industry placed
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`warnings on its products notifying the public of potential hazards associated with its use, which
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`hazards Mr. Johns knew or should have known may have adversely affected his health.
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`SIXTEENTH SPECIAL DEFENSE
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`Defendant avers that the utility of the products manufactured by Defendant outweighed
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`the danger allegedly involved, and, therefore, Plaintiffs’ claims are barred as a matter of public
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`policy.
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`SEVENTEENTH SPECIAL DEFENSE
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`Defendant avers that any exposure of Mr. Johns to Defendant’s product or products,
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`which Defendant denies, was so minimal as to be insufficient to establish to a reasonable degree
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`of probability that the product or products caused Mr. Johns claimed injuries or illness.
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`EIGHTEENTH SPECIAL DEFENSE
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`Defendant avers that it did not manufacture or sell the asbestos-containing products to
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`which Mr. Johns alleged exposure.
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`NINETEENTH SPECIAL DEFENSE
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`If Plaintiffs settled with and/or released other defendants or entities who are tortfeasors,
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`this Defendant is entitled to a reduction of any judgment either in the total of all settlements
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`amounts or the pro rata share of fault of said tortfeasors as determined by the Court or jury,
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`whichever is greater.
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`TWENTIETH SPECIAL DEFENSE
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`Defendant avers that the claims for punitive damages against it are groundless in fact, and
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`that Plaintiffs’ Complaint fails to state a claim against it upon which relief can be granted in that
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`the cause of action for punitive damages allegedly asserted is not a cause of action cognizable or
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`actionable under the law of the State of Connecticut, in the circumstances of the instant action.
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`TWENTY-FIRST SPECIAL DEFENSE
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`If Plaintiff Conrad Johns is barred from recovery, then the action of Plaintiff/spouse
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`Elizabeth Johns for loss of consortium is also barred because it is a derivative action.
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`ANSWER TO CROSS-CLAIMS AND THIRD-PARTY COMPLAINTS
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`Defendant hereby denies each and every allegation contained in any cross-claims or
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`third-party complaints which may be asserted against it, refers all questions of law to the Court
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`and leaves cross-claim plaintiffs and third-party plaintiffs to their respective burdens of proof.
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`Respectfully Submitted,
`Defendant,
`Pneumo Abex, LLC,
`By its counsel,
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`/s/ Charles E. Sheehan
`Bryan M. Abramoske
`Juris # 431231
`babramoske@cetllp.com
`Charles E. Sheehan
`Juris # 441732
`csheehan@cetllp.com
`Cetrulo LLP
`Juris # 440520
`Two Seaport Lane, 10th Floor
`Boston, MA 02210
`Tel. (617) 217-5500
`Fax. (617) 217-5200
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`CERTIFICATION OF SERVICE
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`I hereby certify that on this 15th 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.
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`/s/ Charles E. Sheehan
`Charles E. Sheehan
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`27721771v1
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