Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
STATE OF NORTH CAROLINA,
IN THE GENERAL COURT OF
COUNTY OF WAKE SUPERIOR COURT DIVISION
FILE No. 58942
ANSWER AND COUNTER-CLAIMS
NOW comes Defendant, by and through counsel, answering of the Plaintiff by alleging and
1. Lacking sufficient information, the Defendant denies the allegations of Paragraph 1.
2. The Defendant denies the allegations of Paragraphs 2 - 4.
3. Lacking sufficient information, the Defendant denies the allegations of Paragraph 5.
4. The Defendant denies the allegations of Paragraphs 6.
5. The Defendant admits the allegations of Paragraph 7.
6. The Defendant denies the allegations of Paragraph 8 and 9.
7. Lacking sufficient information, the Defendant denies the allegations of Paragraphs 10 – 13.
8. Defendant realleges all paragraphs of her Answer.
9. Plaintiff’s claims are barred for failing to state a claim upon which relief can be granted.
10. Plaintiff’s claims are barred by Statute of Limitations.
11. Plaintiff’s claims are barred by contributory negligence.
MOLLY CARNEY, )
CASSIE GEIGER, )
Now having answered the Complaint for negligence, the Defendant assumes the
role of the Counter-Plaintiff and would state unto the Court as follows:
12. Counter-Plaintiff realleges all paragraphs of her Answer.
13. Counter-Plaintiff alleges that the Counter-Defendant had a duty to the Counter-Plaintiff to
operate her vehicle in a safe and reasonable manner at all times to avoid damaging the
14. Counter-Plaintiff alleges that pursuant to N.C. Gen. Stat. § 20-140, the Counter-Defendant
negligently breached her duty of care by operating her vehicle in a manner that resulted in
damages to the Counter-Plaintiff’s vehicle.
15. Counter-Plaintiff alleges that but for the Counter-Defendant coming to a sudden and
unnecessary stop on the highway, that the Counter-Plaintiff’s vehicle would not have been
16. Counter-Plaintiff alleges that the proximate cause of the damages to her vehicle’s front
bumper was the Counter-Defendant’s reckless and willful and wanton operation of her own
17. Counter-Plaintiff alleges that the Counter-Defendant’s injuries are inconsistent with a rear-
end collision and are pre-existing injuries aggravated by the deployment of the air bag.
18. Counter-Plaintiff alleges that the Complaint be dismissed for failing to state a claim upon
which relief can be granted
WHEREFORE, Defendant prays that the Court:
1. Dismiss the Counter-Defendant’s Complaint for failing to state a claim upon which relief can
2. Deny the Counter-Defendant’s claims against Counter-Plaintiff due to contributory
3. Grant the Counter-Plaintiff costs, expenses, and reasonable attorney’s fees pursuant to
N.C.G.S § 75-16.1.
4. Award the Counter-Plaintiff special damages of $1,000.00 for out-of-pocket insurance
expenses and $100.00 for lost wages due to the accident.
5. Award the Counter-Plaintiff any further relief as the Court may deem proper.
I CASSIE GEIGER, verify that I understands the set forth facts to be true and correct to the best
of my knowledge and I expect to be able to prove the same at hearing, if deemed necessary in
this matter. I understand that the statements herein are made subject to the penalties relating to
unsworn falsification to authorities.
This the 23rd day of May 2013. ______________________________
568 Newbern Avenue, Apartment 12B
Raleigh, NC 27610
CERTIFICATE OF SERVICE
I, ___________________, do hereby certify that a copy of the foregoing Answer and
Counterclaim was served upon _____________________ by depositing a copy of it into
a U.S. Mail depository, first-class postage prepaid, properly addressed as follows:
Michelle Howe, Esq.
Dewey, Cheatum, and Howe, LLC
2600 New Bern Avenue, Suite 212
Raleigh, NC 27220
This the 23th day of May, 2013
Theresa Schultz, Esq.
Attorney for the Defendant
145 Hargett Street Suite 900
Raleigh, NC 27520
State Bar No.: 1776
SWORN TO AND SUBSCRIBED BEFORE ME
This the _____ day of ________, 2012
My Commission Expires: ________________