FILED COURT OF 0F GHIO 1 THE COURT or CLAIMS OF OHIO SHARON FRYE, etc. et. al., Plaintiffs, v. Case No. 2015-00099 OHIO DEPARTMENT JUDGE PATRICK M. MCGRATH OF TRANSPORTATION, Defendant. DEFENDANT OHIO DEPARTMENT OF ANSWER TO PLAIN FIRST AMENDED COMPLAINT Now comes the Defendant by and through counsel, and for its Answer to Plaintiff?s First Amended complaint, states the following: FIRST DEFENSE 1. Defendant is without suf?cient knowledge or information to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs Complaint and therefore denies the same. 2. Defendant admits the allegations set forth in paragraph 2 of Plaintiff?s Complaint. 3-4. Defendant is without suf?cient knowledge or information to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiff?s Complaint and therefore denies the same. 58. Defendant denies the allegations set forth in paragraphs 5, 6, 7, and 8 of Plaintiff?s Complaint as they call for legal conclusions. 9. Defendant restates the responses set forth in the preceding paragraphs of this Answer as if .. 10. Defendant denies the allegations set forth in paragraph 10 of Plaintiff?s Complaint. 11. Defendant denies the allegations set forth in paragraph 11 of Plaintiff? Complaint as they call for legal conclusions. 12-15. Defendant denies the allegations set forth in paragraphs 12, 13, 14, and 15 of Plaintiffs Complaint. 16. Defendant restates the responses set forth in the preceding paragraphs of this Answer as if fully rewritten herein. 17?19. Defendant denies the allegations set forth in paragraphs 17, 18, and 19 of Plaintiff?s Complaint. 20. Defendant restates the responses set forth in the preceding paragraphs of this Answer as if fully rewritten herein. 21-22. Defendant denies the allegations set forth in paragraphs 21 and 22 of Plaintiff?s Complaint. 23. Defendant restates the responses set forth in the preceding paragraphs of this Answer as if fully rewritten herein. ii 24. Defendant denies the allegations set forth in paragraph 24 of Plaintiffs Complaint. 25. Defendant restates the responses set forth in the preceding paragraphs of this Answer as if fully rewritten herein. 26. Defendant denies the allegations set forth in paragraph 26 of Plaintiff?s Complaint. 27~28. Defendant is without suf?cient knowledge or information to form a belief as to the truth ilk of the allegations set forth in paragraphs 27 and 28 of Plaintiff?s Complaint and therefore SECOND DEFENSE 29. Plaintiff?s Complaint fails to state a claim upon which relief can be granted. THIRD DEFENSE 30. Plaintiff?s decedent assumed the risk of his injuries and death. FOURTH DEFENSE 31. Plaintiffs decedent was contributorin negligent. FIFTH DEFENSE 32. The injuries and death alleged in Plaintiffs Complaint were not caused by the Defendant. SIXTH DEFENSE 33. Third persons or parties for whom Defendant is not liable may have been the sole, proximate or contributing cause of injury and Defendant is entitled to an apportionment for such negligence. SEVENTH DEFENSE 34. Defendant is immune. EIGHTH DEFENSE 3 5. Defendant is entitled to an offset for any collateral recovery. WHEREFORE, Defendant having fully answered Plaintiff?s Complaint, respectfully requests that this Court dismiss the Complaint in its entirety at Plaintist costs. Respectfully submitted, MICHAEL DEWINE out/iced. PETER E. DEMARCO (0002684) WILLIAM C. BECKER (0013476) Assistant Attorneys General Court of Claims Defense 150 East Gay Street, 18th Floor Columbus, Ohio 43215?3 1 3 0 Phone: (614) 466?7447 Fax: (614) 644-9185 Counsel for Defendant Ohio Deparnnent of Transportation CERTIFICATE OF SERVICE The undersigned hereby certi?es that the foregoing Defendant, Ohio Department of Transportation ?5 Answer to Plainti??s First Amended Complaint was served upon the following counsel of record by ordinary U.S. mail, postage prepaid, this 2? day of June, 2015 to: Dexter A. Raboum Fourth Vine Tower, 17th Floor One West 4th Street Cincinnati, Ohio 45202 Counsel for Plaintyj? W??m WILLIAM C. BECKER Assistant Attorney General