The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/271291
PEER TO PEER: THE QUARTERLY MAGA ZINE OF ILTA 62 We've completely reengineered the way document management works with Office applications. NetDocuments' ndOffice has embedded the entire experience of saving, versioning, profiling, opening, editing, searching and filing documents all without leaving the Office applications. It's time to see how NetDocuments document and email management service will change the way you work. With productivity tools like ndOffice, built-in disaster recovery and matter-centric workspaces, you'll simply get work done faster, anytime, anywhere, and on any device. Introducing ndOffice TM IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA CHARLES E. BROXTON and BARBARA ANN BROXTON, et al., Plaintiffs, CIVIL ACTION v. NO. 01VS014105D ACandS, INC., et al., Defendants. _________________________________ ANSWER OF DEFENDANTS C. E. THURSTON AND SONS, INC., DANA CORPORATION, NATIONAL SERVICE INDUSTRIES, INC., QUIGLEY COMPANY, INC., UNION CARBIDE CORPORATION, AND UNITED STATES GYPSUM COMPANY COME NOW Defendants C. E. Thurston and Sons, Inc., Dana Corporation, National Service Industries, Inc., Quigley Company, Inc., Union Carbide Corporation, and United States Gypsum Company, (hereinafter referred to as "Defendants"), and without waiving any defenses, respond to the Complaint as follows, and further demand trial by jury: FIRST DEFENSE The Complaint fails to state a claim individually and collectively against Defendants upon which relief may be granted. SECOND DEFENSE Plaintiffs' Complaint is or may be barred, in whole or in part, by the applicable statutes of limitations and/or repose. THIRD DEFENSE The Complaint is barred by the doctrine of laches. FOURTH DEFENSE Defendants deny that the worker Plaintiffs have incurred any injury or damages; 2 however, as to any injury or damages alleged to have been incurred, the worker Plaintiffs voluntarily and knowingly assumed the risk of incurring any injury or damages alleged in the Complaint, and, therefore, Plaintiffs are not entitled to recover from Defendants. FIFTH DEFENSE Defendants deny that the worker Plaintiffs have incurred any injury or damages. However, as to any injury or damages alleged to have been incurred, the worker Plaintiffs failed to exercise ordinary care for their own safety and such failure on their part proximately caused any alleged injury or damages complained of and, therefore, Plaintiffs are not entitled to recover from Defendants. SIXTH DEFENSE Defendants deny that any of their products or any action or inaction on their part has injured or damaged the worker Plaintiffs in any way and further show that they did not mine, manufacture, process, import, convert, compound, retail, market, or have any connection with any asbestos, asbestos-related materials, or asbestos insulation materials during all of the times alleged in Plaintiffs' Complaint when the worker Plaintiffs claim they worked with said materials, or claim they were exposed to said materials or were injured or damaged from said materials, and for such periods of time Defendants deny that any product or action or inaction by them caused any alleged damage to the worker Plaintiffs. SEVENTH DEFENSE Without waiving any objection by their response herein, Defendants aver that there has been no proper or lawful service of process upon some or all of them with respect to some or all of the individual claims alleged in this Complaint. This Court therefore lacks jurisdiction over the corporate person and property of some or all of these Defendants as to all such claims. 1.866.638.3627 | INFO@NETDOCUMENTS.COM | WWW.NETDOCUMENTS.COM | UK +44 (0)20 3455 6770 WHAT IF YOUR CLOUD-BASED DOCUMENT MANAGEMENT SYSTEM WAS INSIDE YOUR MICROSOFT APPLICATIONS?