STATE OF NORTH CAROLINA, IN THE GENERAL COURT OF

JUSTICE

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

saying:

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.

AFFIRMATIVE DEFENSES

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, )

)

Plaintiff/Counter-Defendant, )

)

vs. )

)

CASSIE GEIGER, )

)

Defendant/Counter-Plaintiff. )

COUNTER-CLAIM

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

Counter-Defendant’s vehicle.

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

damaged.

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

vehicle.

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

be granted.

2. Deny the Counter-Defendant’s claims against Counter-Plaintiff due to contributory

negligence.

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.

VERIFICATION STATEMENT

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. ______________________________

CASSIE GEIGER

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

By: _________________________________

Theresa Schultz, Esq.

Attorney for the Defendant

145 Hargett Street Suite 900

Raleigh, NC 27520

919-555-2210

State Bar No.: 1776

SWORN TO AND SUBSCRIBED BEFORE ME

This the _____ day of ________, 2012

__________________________________

Notary Public

My Commission Expires: ________________

24th May

Kimberly Delacroix

11-24-2015