COMES NOW, Defendant, Chaxu, Inc d/b/a Charlottesville Super 8 Motel, by and through the undersigned Counsel, and in response to Plaintiff’s Complaint, respectfully submits the following:
1. The statements contained in paragraph 1 of the Plaintiff’s Complaint consist of statements of fact, rather than allegations and therefore, requires no response. To the extent a response is required, the Defendant is without sufficient knowledge to admit or deny the statements contained in paragraph 1, therefore denied.
2. The statements contained in paragraph 2 of the Plaintiff’s Complaint consist of statements of fact, rather than allegations and therefore, requires no response. To the extent a response is required, admitted that Defendant maintains a business located at 390 Greenbrier Drive Charlottesville, VA 22901, operating a corporation known as “Super 8 Charlottesville,” incorporated pursuant to the laws of the Commonwealth of Virginia.
3. Paragraph 3 consists of Plaintiff’s legal conclusions and assertions, which requires no response. To the extent a response is required; Defendant denies the rest and remainder of Paragraph 3.
4. Defendant is without sufficient knowledge to admit or deny the allegations contained in paragraphs 4 through 14, therefore denied.
5. Defendant is without sufficient knowledge to admit or deny the allegations contained in paragraph 15, therefore denied.
6. Defendant is without sufficient knowledge to admit or deny the allegations contained in paragraphs 16 through 27, therefore denied.
COUNT I
7. Defendant incorporates paragraphs 1-27 of the Plaintiff’s complaint and incorporates its earlier responses to paragraphs 1-27 of the Plaintiff’s Complaint as if set forth in full.
8. Defendant denies the allegations contained in paragraph 29 of the plaintiff’s complaint and demands strict proof thereof.
9. Defendant denies the allegations contained in paragraph 30 of the plaintiff’s complaint and demands strict proof thereof.
10. Defendant denies the allegations contained in paragraph 31 of the plaintiff’s complaint and demands strict proof thereof.
11. Defendant denies the allegations contained in paragraph 32 of the plaintiff’s complaint and demands strict proof thereof.
12. Defendant denies the allegations contained in paragraph 33 of the plaintiff’s complaint and demands strict proof thereof.
13. Defendant denies the allegations contained in paragraph 34, including subparts, of the plaintiff’s complaint, and denies that the Plaintiff has suffered damages in the amount and to the extent alleged, and denies that the Plaintiff is entitled to any relief requested, including compensatory and punitive damages.
14. Any allegations not specifically admitted are hereby denied.
DEFENDANT’S AFFIRMATIVE DEFENSES
Defendant alleges the following affirmative defenses to the Plaintiff’s Complaint. In asserting these defenses, the Defendant does not assume the burden to establish any fact or proposition where the burden is properly imposed on the Plaintiff.
a. Plaintiff has failed to state a claim upon which relief can be granted;
b. Plaintiff’s Sole and/or Contributory Negligence;
c. Plaintiff’s claims are barred, in whole or in part, by the absence of subject matter jurisdiction;
d. Failure to Mitigate Damages;
e. Statute of Limitations;
f. Assumption of Risk;
g. Acts of a Third Party;
h. Open and Obvious; and
i. Defendant presently has insufficient knowledge or information on which to form a belief as to whether it may have additional, as yet unstated, defenses available. Defendant reserves the right to assert additional defenses that are revealed by further investigation or by discovery in this matter.
WHEREFORE, having fully answered the Defendant prays that this cause of action be dismissed and its costs on its behalf expended.
Respectfully submitted,
Chaxu, Inc d/b/a Charlottesville Super 8 Motel
By Counsel
Imie V. Aisiku, Esq. (VSB No. 72686)
Law Offices of Christopher R. Costabile
10555 Main Street, Suite 400
Fairfax, VA 22030
imie.aisiku@libertymutual.com
Counsel for Defendant