Inl- . STEPHEN T. WAIMEY (SBN 87262) gU'g'?Of Court of Californle Stephen.waimey@lhlaw.com .0: mm m? I m: Annalee YVONNE DALTON (SBN 216515) . . yvonne.dalton@lhlaw.com 1 2 ANIKA S. PADHIAR (SBN 272632) . anika.padhiar@lhaw.com . SherriR. mix Umcer/Uierx LEE, HONG, DEGERMAN, KANG WAIMEY- By - ,Deputy . 3501 Jamboree Road, Suite 6000 - 05? - Newport Beach, CA 92660 Telephone: 949.250.9954 Facsimile: 949.250.9957 CHRISTOPHER C. SPENCER (Pro Hac Vice forthcoming) cspencer@spencershuford.com . ADAM L. LOUNSBURY (Pro Hac Vice forthcoming) alounsbury@Spencershuford.com SPENCER SHUFORD LLP . 6806 Paragon Place, Suite 200 Richmond, VA 23230 I Telephone: 804.285.5200 Facsimile: 804.285.5210 KO 00?s] ON LII 47-3- p?lh?L l??O JEFFREY W. GATES (SBN 115652) jeff.gates@porsche.us PORSCHE CARS NORTH AMERICA, INC. 1 Porsche Drive Atlanta, GA 30354 Telephone: 770.290.3610 Facsimile: 770.285.5210 Ltd-N Attorneys for Defendant PORSCHE CARS NORTH AMERICA, INC. p?A LA 3501 Jamboree Road, Suite 6000 NeWpon Beach, Califomia 92660 ON LEE, HONG, DEGERMAN, KANG WAIMEY 17 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF Los ANGELES - CENTRAL DISTRICT 19 . I BY FAX MEADOW RAIN WALKER, individually, CASE NO. BC 596011 20 and as sole heir on behalf of the Estate of Paul William Walker, IV, by and through her [Complaint Filed: September 28, 2015] 21 guardian ad litem BRANDON BIRTELL, . 4 2.2 . a PORSCHE CARS . 23 ANSWER TO cram/gawk 3 ag-w . . an .. 24 DR. ING, HCF a German DEMAND FOR JURY Tail-$5 H- corporation; PORSCHE CARS NORTH ?34 . 25 AMERICA, INC, 21 Delaware corporation; :3 CRANBROOK PARTNER, INC., dba I: 35 26 BEVERLY HILLS PORSCHE, a California - corporation, and DOES 1-50Defendants. 28 a E: "3 DI PORSCHE CARS NORTH AMERICA, ANSWER TO COMPLAINT 1137 - 3863.31.13 I ?39:51:33 al? DEGERMAN, KANG WAIMEY 3501 Jamboree Road, Suite 6000 Newport Beach, California 92660 PORSCHE CARS NORTH AMERICA, INC. answers Plaintiff?s Complaint as follows: 1. Pursuant to California Code of Civil Procedure section 431.30, PCNA denies, generally and Speci?cally, each and every allegation, and the pu1ported causes of action in the Complaint. 2. 7 PCNA further denies that Plaintiff has sustained, or will sustain, any loss or damages in the manner or amount alleged, or otherwise, by reason of any act or omission, or other conduct on the part of PCNA. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure to State Cause of Action) 3. Plaintiffs Complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE (Comparative Fault) 4. . Mr. Walker?s death, and all other injuries or damages claimed, were the result of a Mr. Walker?s own comparative fault. THIRD AFFIRMATIVE DEFENSE - '(Assumption of Risk) 5. PCNA alleges that Mr. Walker knowingly and voluntarily assumed all risk, perils and danger in respect to the use of the subject 2005 Carrera GT, that the perils, risk and dangers were open and obvious and known to him,.and that he chose to conduct himself in a manner so as to expose himself to such perils, dangers and risks, thus assuming- all the risks involved in using the vehicle. Mr. Walker?s voluntary assumption of the risk should bar the plaintiff?s recovery or,'in the alternative, should reduce theplaintiff?s right to reCovery from PCNA in?an amount equivalent to Mr. Walker?s fault. . PORSCHE CARS NORTH AMERICA, ANSWER TO COMPLAINT LEE, I-IONG, DEGBRMAN, KANG WAIMEY 3501 Jamboree Road, Suite 6000 Newport Beach, Calil?omia 92660 00 FOURTH AFFIRMATIVE DEFENSE I (Third Party Liability) 6. The damages plaintiff alleges. were either wholly or partially caused or contributed to by Roger Rodas and by persons and entities other than these defendants. PCNA is entitled towan apportionment among all such parties according to their responsibilities for such injuries and damages, if any, sustained by plaintiff. EIFTH AFFIRMATIVE DEFENSE - (Fair Responsibility Act) 7. liability, if any, is limited pursuant to California Civil Code, Section 1431, et 5261., and any damages awarded to plaintiff against PCNA should be accordingly reduced. I SIXTH AFFIRMATIVE DEFENSE (Inten'cning/Stiperseding Actions) 8. The injuries and damages allegedly sustained by plaintiff were the direct and proximate result of the intervening and superseding actions of third parties, whether named or unnamed, and not PCNA. SEVENTH AFFIRMATIVE DEFENSE (State-of?the-Art) 9. At the time the Subject 2005 Carrera GT was originally manufactured, sold and delivered, it comported with the state of the art. EIGHTH AFFIRMATIYE DEFENSE (Abuse/Alteration) 10. . The subject 2005 Carrera GT was abused and altered after being placed into the stream of commerce in a manner that was not reasonably foreseeable to PCNA. That abuse and alteration proximately caused or contributed to the incident and to Mr. Walker?s death. . - 2 PORSCHE CARS NORTH-AMERICA, ANSWER TO COMPLAINT LEE, HONG, DEGERMAN, KANG 8r. WAIMEY 3501 Jamboree Road, Suite 6000 Newport Beach, Califomia 92660 N-N i?a r?t NINTH AFFIRMATIVE DEFENSE (Misuse of Product/Improper Maintenance) 11. The subject 2005 Carrera? GT was misused and improperly maintained. That misuse or improper maintenance proximately causedlor contributed to the incident and to Mr. Walker?s death. TENTH AFFIRMATIVE DEFENSE (Additional Warnings) 12. No additional warnings would have prevented the incident or Walker?s death. ELEVENTH DEFENSE (Sophisticated User) I 13. Plaintiff is barred from recovery because Mr. Walker was a knowledgeable and sophisticated user of the 2005 Carrera GT. TWELFTH AFFIRMATIVE DEFENSE (Reservation of Rights) 14._ PCNA reserves the right to ?le additional af?rmative defenses as may be appropriate upon completion of its investigation and discovery. Further, any allegations contained in the Complaint which have not yet been admitted, denied or otherwise explained are now speci?cally denied. m- PORSCHE CARS NORTH AMERICA, ANSWER TO COMPLAINT LEE, HONG, DEGERMAN, KANG WAIMEY 3501 Jamboree Road, Suite 6000 Newport Beach, Califomia 92660 agga?mmv?loomqmmori??o PRAYER FOR RELIEF WHEREFORE, PCNA prays forjudgment as follows: 1. For entry of judgment in favor of PCNA anci against Plaintiff; 2. For costs of suit incurred herein; 3. For such other and further relief as the Court deems just and proper. Dated: November 12', 2015 LEE, HONG, DEGERMAN, KANG WAIMEY SPENCER SHUFORD LLP Christopher C. Spencer (Pro Hac Vice forthcoming) Adam L. Lounsbury (Pro Hac Vice forthcoming) and Jeffrey W. Gates Attorneys for Defendant PORSCHE CARS NORTH AMERICA, INC. 4 PORSCHE CARS NORTH AMERICA, mots ANSWER TO COMPLAINT . f. LEE, HONG, DEGERMAN, KANG WAIMEY 3501 Jamboree Road, Suite 6000 Newport Beach, California 92660 Ix.) 00 kaooummew?mw DEMAND FOR JURY TRIAL. Defendant PCNA hereby demands a trial by jury. Dated: November 12, 2015 SPEN CE 'ChristOpher C. SpencerU?ro Hac Vice forthcoming) ii; WAIMEY u. RSHUFORD LLP Adam L. Lounsbury (Pro Hag Vice forthcoming) I and, Jeffrey/0W. Gates Attorneys for Defendant PORSCHE CARS NORTH AMERICA, INC. PORSCHE CARS NORTH Marsch ANSWER rum?- LEE, HONG, DEGERMAN, KANG WAIMEY 3501 Jamboree Road, Suite 6000 Newport Beach, California 92660 ?PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Lee, Hong, Degerman, Kang Waimey, 3501 Jamboree Road, Suite 6000, Newport Beach, CA 92660. On November 12, 2015, I served the following document: PORSCHE AMERICA, ANSWER TO DEMAND FOR JURY TRIAL by placing the document(s)ilisted above in sealed envelopes with postage thereon fully prepaid, in United States mail in the State of California at Newport Beach, addressed as set forth below. Jeffrey L. Milam, SBN 71953 LAW OFFICE OF JEFFREY L. MILAM, APLC 225 South Lake Avenue, Suite 1400 - Pasadena, CA 91101 Robert Garrett, SBN 65886 Ryan C. Squire, SBN 199473 Jennifer R. Slater, SBN 216207 Edward Racek, SBN 235184 GARRETT TULLY, PC. 225 South Lake Avenue, Suite 1400 Pasadena, CA 91101 Attorneys for Plaintiff I am readily familiar with the ?rm?s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the US. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. - Executed this 12?h day of November, 2015, at NeWport Beach, California. 6 PORSCHE CARS NORTH AMERICA, ANSWER TO COMPLAINT