State Court of Fulton County **E-FILED** 15EV001816 8/7/2015 1:49:22 PM Cicely Barber, Clerk Civil Division Fourth Defense LAF responds to the separate paragraphs of plaintiff? complaint as follows: 1. LAF is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of the complaint. 2. In response to paragraph 2 of the complaint, LAF admits that it is a limited liability company organized under the laws of California and that its registered agent is in Fulton County, Georgia. LAF admits further that it operates a health and ?tness club at 5295 Stone Mountain Highway in Gwinnett County, Georgia. Except as herein admitted, LAF denies the allegations set forth in paragraph 2 of the complaint. 3. LAP denies the allegations set forth in paragraph 3 of the complaint. 4. In response to paragraph 4 of the complaint, LAF admits that at all times material to this action, plaintiff was a member of LAF and made use of Stone Mountain club. Except as herein admitted, LAF denies the allegations set forth in paragraph 4 of the complaint. 5. In response to paragraph 5 of the complaint, LAP admits that on February 17, 2015 plaintiff entered Stone Mountain club at approximately 5:09 am. 2 LAF is without knowledge or information suf?cient to form a belief as to the truth of the remaining allegations set forth in paragraph 5 of the complaint. 6. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 6 of the complaint. 7. LAP is without knowledge or information suf?cient to form a belief as to the truth of the allegations set. forth in paragraph 7 of the complaint. 8. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 8 of the complaint. 9. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 9 of the complaint. 10. LAP is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 10 of the complaint. ll. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph ll of the complaint. 12. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 12 of the complaint. l3. LAP is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 13 of the complaint. l4. LAF is without knowledge or information suf?cient to form a belief as to the truth of the? allegations set forth in paragraph 14 of the complaint. 15. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 15 of the complaint. l6. LAF is without knowledge or information suf?cient to form a belief as to the truth of the allegations set forth in paragraph 16 of the complaint. Count I I 17. LAF incorporates by reference its responses to paragraphs 1 through 16 of the complaint and repeats them as if set forth fully herein. 18. In response to paragraph 18 of the complaint, LAF admits that it had a duty to keep its premises reasonably safe and to warn of hidden dangers or defects .not 4 observable to invitees Who were exercising ordinary care for their own safety. LAP denies that it breached any duty owed to plaintiff and denies all remaining allegations set forth in paragraph 18 of the complaint. l9. LAP denies the allegations set forth in paragraph 19 of the complaint. 20. LAP denies the allegations set forth in paragraph 20 of the complaint. LAP denies the allegations set forth in paragraph 21 of the complaint. 22. LAP denies the allegations set forth in paragraph 22 of the complaint. 23. LAP denies the allegations set forth in paragraph 23- of the complaint. 24. LAP denies the allegations set forth in paragraph 24 of the complaint. Count II 25. LAP incorporates by reference its responses to paragraphs 1 through 16 of the complaint and repeats them as if set forth fully herein. 26. LAP admits the allegations set forth in paragraph 26 of the complaint. 27. In response to paragraph 27 of the complaint, LAP admits that on February 17, 2015 it operated the LA Fitness club located at 5295 Stone Mountain Highway in Gwinnett County, Georgia. LAP is without knowledge or information suf?cient to form a belief as to the truth of the remaining allegations set forth in paragraph 27 of the complaint. 28. LAP denies the allegations set forth in paragraph 28 of the complaint. 29. LAP denies the allegations set forth in paragraph 29 of the complaint. 30. LAP denies the allegations set forth in paragraph 30 of the complaint. 31. In response to paragraph 31 of the complaint, LAP admits that it had a duty to keep its premises reasonably safe and to warn of hidden dangers or defects not observable to invitees who were exercising ordinary care for their own safety. LAP denies that it breached any duty owed to plaintiff and denies all remaining allegations set forth in paragraph 31 of the complaint. 32. LAP denies the allegations set forth in paragraph 32 of the complaint. 33. LAP denies the allegations set forth in paragraph 33 0f the complaint. 6 34. LAF denies the allegations set forth in paragraph 34 of the complaint. 35. denies the allegations set forth in paragraph 35 of the complaint. Count 36. LAF incorporates by reference its responses to paragraphs ll through 16 of the complaint and repeats them as if set forth fully herein. 37. LAF denies the allegations set forth in paragraph 37 of the complaint. 38. LAP denies the allegations set forth in paragraph 38 of the complaint. 39. LAP denies the allegations set forth in paragraph 39 of the complaint. 40. LAF denies the allegations set forth in paragraph 40 of the complaint. 41. LAF denies the allegations set forth in paragraph of the complaint. 42. LAF denies the allegations set forth in paragraph 42 of the complaint. 43. LAF denies the allegations set forth in paragraph 43 of the complaint. 7 44. LAF denies the allegations set forth in paragraph 44 of the complaint. 45. L-AF denies the allegations set forth in paragraph 45 of the complaint. 46. LAF denies the allegations set forth in paragraph 46 of the complaint. Count IV 47. LAF incorporates by reference its responses to paragraphs 1 through 16 of the complaint and repeats them as if set forth fully herein. I 48. LAF denies the allegations set forth in paragraph 48 of the complaint. 49. LAF denies the allegations set forth'in paragraph 49 of the complaint. 50. LAF denies the allegations set forth in paragraph 50 of the complaint. Count 51. LAP incorporates by reference its responses to paragraphs 1 through 50 of the complaint and repeats them as if set forth ?illy herein. 52. LAF denies the allegations set forth in paragraph 52 of the complaint. 8 53. LAF denies all allegations in the complaint to which it has not otherwise speci?cally responded. WHEREFORE, LAF prays that: (0-) proper, 5855 Sandy Springs Circle, NE Su?e300 Judgment be entered in its favor and against plaintiff; All costs of court be cast against plaintiff; and It be granted such other and further relief as the court deems meet and McGee Oxford, LLP ?ames J. Brigsette Georgia Bar Number 083125 Attorney for Defendants Atlanta, Georgia 30328 404~23 l- 193 5 ibrissetteGEDmcgeeox fordcom CERTIFICATE OF SERVICE This is to certify that I have this day served counsel for the opposing party in the foregoing matter with a copy of this pleading by depositing in the United States Mail a copy of same, with adequate postage thereon, addressed as follows: Jesse C. Kent The Kent Law Group 154 Stone Mountain Street Suite 204 Lawrenceville, GA 30046-5694 This 7 day of 2015. a?ed J. Brisse 10