IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

DAVID FINNEY, an individual,, 

 Plaintiff, 

v. 

NISSAN NORTH AMERICA, INC., a 

foreign corporation; TAKATA U.S.A. 

CORPORATION d/b/a TAKATA 

CORPORATION, a foreign corporation; 

TAKATA SEAT BELTS, INC., a foreign 

corporation; TAKATA RESTRAINT 

SYSTEMS, INC., a foreign corporation; 

TAKATA NORTH AMERICAN, INC., a 

foreign corporation; and TAKATA INC.; a 

foreign corporation,, 

 Defendants. 

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CIVIL ACTION NUMBER: 3:06-cv-622 

ANSWER TO COMPLAINT

Takata U.S.A. Corporation, Takata Seat Belts Inc., Takata Restraint Systems Inc., 

Takata North American Inc., and Takata Inc. (“Takata entities”) file their answer to the 

Plaintiff’s Complaint: 

First Defense

 1. The Takata entities have insufficient information to either admit or to deny the 

allegations set forth in Paragraph 1 and, as a result, deny the same and demand strict proof 

thereof. 

 2. The Takata entities have insufficient information to either admit or to deny the 

allegations set forth in Paragraph 2 and, as a result, deny the same and demand strict proof 

thereof. 

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 3. The Takata entities deny the allegations set forth in Paragraph 3 and demand strict 

proof thereof. 

 4. The Takata entities deny the allegations set forth in Paragraph 4 and demand strict 

proof thereof. 

 5. The Takata entities deny the allegations set forth in Paragraph 5 and demand strict 

proof thereof. 

 6. The Takata entities deny the allegations set forth in Paragraph 6 and demand strict 

proof thereof. 

 7. The Takata entities deny the allegations set forth in Paragraph 7 and demand strict 

proof thereof. 

 8. The Takata entities deny the allegations set forth in Paragraph 8 and demand strict 

proof thereof. 

 9. The Takata entities deny the allegations set forth in Paragraph 9 and demand strict 

proof thereof. 

 10. The allegations set forth in Paragraph 10 of Plaintiff’s Complaint do not require a 

response, but to the extent one is deemed required, the Takata entities deny the allegations set 

forth herein and further state that Plaintiff’s proposed use of the collective term “Defendants” is 

inconsistent with the Federal Rules of Civil Procedure. 

 11. The Takata entities deny the allegations set forth in Paragraph 11 and demand 

strict proof thereof. 

 12. The Takata entities do not dispute that venue is proper in this Court, but they deny 

the remaining allegations set forth in this Paragraph and demand strict proof thereof. 

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 13. The Takata entities admit there is complete diversity of citizenship, and that 

jurisdiction based on 28 U.S.C. §1332 is proper. The Takata entities further agree that Plaintiff 

seeks damages in excess of $75,000, but expressly deny that they are liable for any damages to 

Plaintiff. 

 14. The Takata entities deny the allegations set forth in Paragraph 14 and demand 

strict proof thereof. 

 15. The Takata entities deny the allegations set forth in Paragraph 15 and demand 

strict proof thereof. 

 16. The Takata entities restate each allegation set forth above in response to this 

Paragraph. 

 17. The Takata entities deny the allegations set forth in Paragraph 17 and demand 

strict proof thereof. 

 18. The Takata entities deny the allegations set forth in Paragraph 18 and demand 

strict proof thereof. 

 19. The Takata entities deny the allegations set forth in Paragraph 19 and demand 

strict proof thereof. 

 20. The Takata entities deny the allegations set forth in Paragraph 20 and demand 

strict proof thereof. 

 21. The Takata entities deny the allegations set forth in Paragraph 21 and demand 

strict proof thereof. 

 22. The Takata entities deny the allegations set forth in Paragraph 22 and demand 

strict proof thereof. 

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 23. The Takata entities deny the allegations set forth in Paragraph 23 and demand 

strict proof thereof. 

 24. The Takata entities deny the allegations set forth in Paragraph 24 and demand 

strict proof thereof. 

 25. The Takata entities deny the allegations set forth in Paragraph 25 and demand 

strict proof thereof. 

 26. The Takata entities deny the allegations set forth in Paragraph 26 and demand 

strict proof thereof. 

 27. The Takata entities deny the allegations set forth in Paragraph 27 and demand 

strict proof thereof. 

 28. The Takata entities restate each allegation set forth above in response to this 

Paragraph. 

 29. The Takata entities deny the allegations set forth in Paragraph 28 and demand 

strict proof thereof. 

 30. The Takata entities deny the allegations set forth in Paragraph 29 and demand 

strict proof thereof. 

 31. The Takata entities deny the allegations set forth in Paragraph 31, and its 

subparts, and demand strict proof thereof. 

 32. The Takata entities deny the allegations set forth in Paragraph 32 and demand 

strict proof thereof. 

 33. The Takata entities deny the allegations set forth in Paragraph 33, and its 

subparts, and demand strict proof thereof. 

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 34. The Takata entities deny the allegations set forth in Paragraph 34 and demand 

strict proof thereof. 

 35. The Takata entities deny the allegations set forth in Paragraph 35, and its 

subparts, and demand strict proof thereof. 

 36. The Takata entities deny the allegations set forth in Paragraph 36 and demand 

strict proof thereof. 

 37. The Takata entities deny the allegations set forth in Paragraph 37 and demand strict 

proof thereof. 

38. The Takata entities deny the allegations set forth in Paragraph 38 and demand 

strict proof thereof. 

 39. The Takata entities deny the allegations set forth in Paragraph 39 and demand 

strict proof thereof. 

 40. The Takata entities deny the allegations set forth in Paragraph 40 and demand 

strict proof thereof. 

 41. The Takata entities deny the allegations set forth in Paragraph 41, and its 

subparts, and demand strict proof thereof. 

42. The Takata entities restate each allegation set forth above in response to this 

Paragraph. 

 43. The Takata entities deny the allegations set forth in Paragraph 43 and demand 

strict proof thereof. 

 44. The Takata entities deny the allegations set forth in Paragraph 44 and demand 

strict proof thereof. 

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 45. The Takata entities deny the allegations set forth in Paragraph 45 and demand 

strict proof thereof. 

 46. The Takata entities deny the allegations set forth in Paragraph 46 and demand 

strict proof thereof. 

 47. The Takata entities deny the allegations set forth in Paragraph 47 and demand 

strict proof thereof. 

 48. The Takata entities deny the allegations set forth in Paragraph 48 and demand 

strict proof thereof. 

 49. The Takata entities deny the allegations set forth in Paragraph 49 and demand 

strict proof thereof. 

 50. The Takata entities deny the allegations set forth in Paragraph 50 and demand 

strict proof thereof. 

 51. The Takata entities deny the allegations set forth in Paragraph 51, and its 

subparts, and demand strict proof thereof. 

 52. The Takata entities restate each allegation set forth above in response to this 

Paragraph. 

 53. The Takata entities deny the allegations set forth in Paragraph 53 and demand 

strict proof thereof. 

 54. The Takata entities deny the allegations set forth in Paragraph 54 and demand 

strict proof thereof. 

 55. The Takata entities deny the allegations set forth in Paragraph 55 and demand 

strict proof thereof. 

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 56. The Takata entities deny the allegations set forth in Paragraph 56 and demand 

strict proof thereof. 

 57. The Takata entities deny the allegations set forth in Paragraph 57 and demand 

strict proof thereof. 

 58. The Takata entities deny the allegations set forth in Paragraph 58, and its 

subparts, and demand strict proof thereof. 

 59. The Takata entities restate each allegation set forth above in response to this 

Paragraph. 

 60. The Takata entities deny the allegations set forth in Paragraph 60 and demand 

strict proof thereof. 

 61. The Takata entities deny the allegations set forth in Paragraph 61 and demand 

strict proof thereof. 

 62. The Takata entities deny the allegations set forth in Paragraph 62, and its 

subparts, and demand strict proof thereof. 

 63. The Takata entities deny the allegations set forth in Paragraph 63 and demand 

strict proof thereof. 

 64. The Takata entities deny the allegations set forth in Paragraph 64, and its 

subparts, and demand strict proof thereof. 

 65. The Takata entities restate each allegation set forth above in response to this 

Paragraph. 

 66. The Takata entities deny the allegations set forth in Paragraph 66 and demand 

strict proof thereof. 

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 67. The Takata entities deny the allegations set forth in Paragraph 67 and demand 

strict proof thereof. 

 68. The Takata entities deny the allegations set forth in Paragraph 68 and demand 

strict proof thereof. 

 69. The Takata entities deny the allegations set forth in Paragraph 69 and demand 

strict proof thereof. 

 70. The Takata entities deny the allegations set forth in Paragraph 70, and its subparts 

and demand strict proof thereof. 

 The unnumbered, WHEREFORE paragraphs in the Complaint do not require a response 

by the Takata entities; however, to the extent responses are deemed required, the Takata entities 

deny the material allegations of same and demand strict proof thereof. 

Second Defense

 The Takata entities deny having any role in the design or manufacture of the 1992 Nissan 

Sentra described in Plaintiff’s complaint. 

Third Defense

 The Takata entities contest the injuries and damages alleged in Plaintiff’s Complaint and, 

therefore, demand strict proof of any alleged injury or damage. 

Fourth Defense

 The Takata entities state that they are not indebted or liable to Plaintiff in any manner or 

amount whatsoever. 

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Fifth Defense

 The Takata entities state that the sole proximate cause of the injuries and damages alleged 

in Plaintiff’s Complaint may have been the actions, non-actions, or negligence of a person or 

persons other than the Takata entities for whose actions, non-actions, or negligence the 

Defendant is in no way liable. Plaintiff is not therefore entitled to recover from the Takata 

entities in this action. 

Sixth Defense

 The Takata entities state that the injuries and damages alleged in Plaintiff’s Complaint 

may have been caused by an intervening, superseding action for which the Takata entities are in 

no way liable. Plaintiff is therefore not entitled to recover from the Takata entities in this action. 

Seventh Defense

 The Takata entities state that the Plaintiff may have been contributorily negligent. 

Plaintiff is not, therefore, entitled to recover from the Takata entities in this action. 

Eighth Defense

 The Takata entities state that the Plaintiff may have assumed the risk of his alleged 

injuries. Plaintiff is not, therefore, entitled to recover from the Takata in this action. 

Ninth Defense

 The Takata entities aver the defense of misuse. 

Tenth Defense

The Takata entities deny that they were guilty of any negligence or wantonness on the 

occasion complained of in Plaintiff’s Complaint. 

Eleventh Defense

 The Takata entities state that they are not guilty of the things and matters alleged in 

Plaintiff’s Complaint. 

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Twelfth Defense

 No allegedly wrongful act or omission of the Takata entities was the cause in fact or the 

proximate cause of the Plaintiff’s injuries or other damages. 

Thirteenth Defense

 The Takata entities assert the defense of intervening and/or superseding causation. 

Fourteenth Defense

 To the extent Plaintiff seeks to assert a claim for breach of warranty, Plaintiff failed to 

give proper notice. 

Fifteenth Defense

The Takata entities state that the damages sustained by the Plaintiff, if any, were 

proximately caused and occasioned by the acts or omissions of the Plaintiff, or of others, said 

acts and omissions being the sole cause of the Plaintiff’s alleged damages. Therefore, the Takata 

entities plead the intervening acts and omissions of the Plaintiff, and of others, as a complete bar 

to the Plaintiff’s claim. 

Sixteenth Defense

 The Takata entities aver that Plaintiff’s claims are pre-empted by federal law. 

Seventeenth Defense

 The Takata entities plead lack of jurisdiction under 12(b)(2). 

Eighteenth Defense

 The Takata entities plead lack of insufficiency of process under 12(b)(4). 

Nineteenth Defense

 The Takata entities plead lack of service of process under 12(b)(5). 

Twentieth Defense

 The Takata entities please failure to state a claim upon which relief can be granted. 

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Twenty-First Defense

Plaintiff’s Complaint is vague with regard to the damages Plaintiff seeks, and it is 

impossible to guess at the relief he demands. If Plaintiff intends to seek punitive damages in his 

complaint as amended, then the Takata entities asserts: 

(a) The Takata entities denies they are guilty of conduct for which punitive 

damages could or should be awarded and deny that Plaintiff has produced 

clear and convincing evidence sufficient to support or sustain the 

imposition of punitive damages against the Takata entities. 

(b) Plaintiff cannot recover punitive damages against the Takata entities 

because such an award, which is penal in nature, would violate The takata 

entities’ constitutional rights protected under the Alabama Constitution of 

1901, as amended, and the Constitution of the United States unless the 

Takata entities is afforded the same procedural safeguards as are criminal 

defendants, including, but not limited, the right to avoid selfincrimination, the right to forego production and disclosure of any 

incriminating documents, and the right to the requirement of a level of 

proof beyond a reasonable doubt. 

(c) Subjecting the Takata entities to punitive damages, or affirming an award 

of punitive damages against the Takata entities in this case, would 

amount to and constitute a denial of due process as afforded by the Due 

Process Clause of the Fourteenth Amendment to the United States 

Constitution and by the Due Process Clause of the Article I, Section 13, 

of the Alabama Constitution as separation of property without due 

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process of law, or standards or criteria of due process of law, based upon 

the following grounds and circumstances, separately and severally 

assigned: 

(i) Any award of punitive damages against the Takata entities under 

the evidence in this case would necessarily be based upon an 

evidentiary standard less than a standard of proof of beyond 

reasonable doubt; 

(ii) There is a lack of reasonable standards necessary to instruct the 

jury on the propriety and amount of any punitive damages award, 

and such an award is subject to no predetermined limits; 

(iii) Any punitive damages award would not be subject to post-trial or 

appellate review on the basis of suitable and sufficient objective 

standards and criteria; 

(iv) The power and authority imposed upon the jury under Alabama 

law as to the amount of punitive damages is so relatively 

unfettered that there is lacking any reasonable or logical standard, 

uniform criteria, or guidance in the assessment of the amount of 

the award of punitive damages; 

(v) Under Alabama law and procedure, there is no objective, logical, 

or rational relationship between the award, or the amount of the 

award, of punitive damages and the Takata entities’ alleged 

wrongful or culpable conduct; 

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(vi) Under Alabama law and procedure, there is no objective, logical, 

or rational relationship between the award, or the amount of the 

award, of punitive damages and the interests or goals of the State 

of Alabama referable to the imposition or allowance of punitive 

damages; 

(vii) Under Alabama law and procedure, there is no objective or rational 

criteria for the amount of the award of punitive damages as relates 

or compares to the assessment of compensatory damages, or the 

amount of compensatory damages; 

(viii) In the event that a single verdict be mandated against all 

defendants herein for an award of punitive damages in this case, 

such a single verdict would be imposed regardless of the degree 

of culpability of a particular defendant, and such a nonapportionment rule could result in a joint and several verdict 

against all defendants whereby punitive damages could be 

assessed against one defendant based in part upon culpability of 

another defendant, and such a joint verdict the single amount 

could be enforced against a defendant for any portion of that 

judgment regardless of the defendant’s culpability or relative 

culpability; 

(ix) Should the Court require the award of punitive damages in a 

single, joint, and several verdict of one amount, an adoption of 

this non-apportionment rule would be contrary to the objective of 

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punishing specific misconduct and would be contrary to the 

objective of assessing punitive damages according to culpability 

of conduct; 

(x) Where a joint and several punitive damages award is mandated to 

be in a single amount against each defendant, such a rule 

additionally violates a defendant’s right to trial by jury as the jury 

would be prohibited from apportioning damages against these 

defendants according to the degree of culpability of the conduct 

of the Takata entities; 

(xi) An award of punitive damages should not be permitted to be 

assessed against defendant for unauthorized acts of an agent or 

agents without any additional requirement of knowledge or fault 

on the part of the Defendant; 

(xii) An award of punitive damages should not be permitted to be 

assessed against the Takata entities vicariously as a principle 

without any further proof of independent, wrongful conduct, or 

ratification by the Takata entities; 

(xiii) Alabama procedures, pursuant to which amounts of punitive 

damages are awarded, permit the imposition of different penalties 

for the same or similar acts; 

(xiv) Under Alabama law and procedures governing the award in 

assessment of punitive damages there is no objective, logical, or 

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reasonable standard or criteria which governs the award or the 

amount of the award of punitive damages; 

(xv) The procedures pursuant to which punitive damages are awarded 

fail to provide a reasonable limit on the amount of the award 

against the Takata entities; 

(xvi) The procedures pursuant to which punitive damages are awarded 

are unconstitutionally vague; 

(xvii) The procedures pursuant to which punitive damages are awarded 

fail to provide a clear post-trial or appellate standard of review on 

an award of punitive damages; 

(xviii)The procedures pursuant to which punitive damages are awarded 

may permit admission of evidence relative to punitive damages in 

the same proceedings during which liability and compensatory 

damages are determined; and 

(xix) An award of punitive damages would constitute an arbitrary and 

capricious taking of property of the Takata entities without due 

process of law. 

(d) Plaintiff is not entitled to punitive damages from the Takata entities 

pursuant to the facts as alleged in Plaintiff’s Complaint. 

(e) The claim of plaintiff for punitive damages against the Takata entities is 

barred by the Fourteenth Amendment to the United States Constitution 

and by the Alabama Constitution. 

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(f) Imposition of punitive damages in this case against the Takata entities 

would contravene the commerce clause of the United States Constitution 

in that such an award would constitute, if imposed, an undue and 

unreasonable burden on interstate commerce. 

(g) To award punitive damages against the Takata entities in this case would 

have a chilling affect upon the Takata entities’ right to open access to the 

courts of this State in violation of the United States Constitution and the 

Alabama Constitution, separately and severally. 

(h) Imposition of punitive damages in this case would violate the Excessive 

Fines Clause of the Eighth Amendment to the United States Constitution 

and Article I, Section 15, of the Alabama Constitution. 

(i) To award punitive damages against the Takata entities in this case would 

violate the Contracts Clause of Article I, Section 10, of the United States 

Constitution as an award of punitive damages would impair contractual 

obligations. 

(j) Based upon Alabama procedures relative punitive damages, which provide 

no objective, logical, or reasonable standards or criteria to govern the 

award or the amount of the award of punitive damages, the Takata 

entities are denied equal protection of the laws as guaranteed by the 

Fourteenth Amendment of the United States Constitution and Article I, 

§§ 1, 6, and 22, of the Alabama Constitution, separately and severally. 

(k) Plaintiff’s claim for punitive damages violates the rights of the Takata 

entities to due process of law and equal protection of the law as 

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guaranteed by the United States Constitution and the Alabama 

Constitution in that the procedure for post-trial review of punitive 

damages as set forth in Hammond v. City of Gadsden and Green Oil 

Company v. Hornsby is unconstitutionally vague and inadequate in the 

following respects: 

(i) The Hammond and Green Oil procedure provides no clearly 

defined standard for courts to apply in reviewing punitive 

damages; 

(ii) The Hammond and Green Oil procedure provides inadequate 

review as to the need to deter, whether deterrence has been 

accomplished, and whether punishment is appropriate for these 

Defendants; 

(iii) The Hammond and Green Oil procedure provides inadequate 

review and a vague standard regarding the relationship of the 

punitive damages award to the harm; 

(iv) The Hammond and Green Oil procedure does not address, nor does 

it cure, the lack of guidelines to be given to the jury in the 

assessment of punitive damages; 

(v) The Hammond and Green Oil procedure is inadequate in that the 

trial court “may” take certain factors into account and these 

procedures lack predictable and objective standards of review, 

allow for inconsistent application of the factors, and allow for 

unpredictable and inconsistent results; and 

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(vi) The Hammond and Green Oil procedure fails to provide definite 

and meaningful constraints on the jury’s discretion in awarding 

punitive damages. 

(l) Plaintiff’s Complaint seeks to make the Takata entities liable for punitive 

damages. The Takata entities adopt by reference the defenses, criteria, 

limitations, and standards mandated by the Supreme Court of the United 

States in BMW of North America, Inc. v. Gore, 517 U.S. 559, 116 S. Ct. 

1589 (1996), Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 

532 U.S. 424, 121 S. Ct. 1678 (2001), and State Farm Mutual Automobile 

Insurance Company v. Campbell, 538 U.S. 408, 123 S. Ct. 1513, 155 L. 

Ed. 2d 585 (2003). 

(m) The demand for punitive damages in the instant case is subject to those 

limitations established by the Alabama Legislature and set forth in 

Section 6-11-21, Code of Alabama. 

(n) If multiple punitive damages awards were assessed against the Takata 

entities in different jurisdictions, or in the same jurisdiction, it would 

violate the Constitutions of the United States and of the State of Alabama, 

violating the Takata entities’ rights to due process and to a jury trial and 

violating the Takata entities’ right against double jeopardy. 

(o) If punitive damages were assessed against the Takata entities for conduct 

or events allegedly occurring in states other than in the forum state, the 

Takata entities would be denied due process of law, the right to trial by 

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jury, and the right against double jeopardy under the Constitutions of the 

United States and the State of Alabama. 

(p) The imposition of punitive damages sought by Plaintiff violates these 

Defendant’s right to due process and equal protection of the laws under 

the Fourteenth Amendment of the United States Constitution and the 

prohibition against excessive fines under the Eighth Amendment to the 

United States Constitution in that: 

(i) Alabama law and the Alabama punitive damages scheme, both 

facially and as applied in this case, provide no constitutionally 

adequate or meaningful standards to guide a jury or the court in 

determining whether, and if so, in what amount, to award punitive 

damages; there is no sufficiently clear definition of the conduct or 

mental state that makes punitive damages permissible, and no 

sufficient clear standard for determining the appropriate size of 

such an award. Alabama law and the Alabama punitive damages 

scheme leave the determination of whether to award and, if so, the 

amount of punitive damages to the arbitrary discretion of the finder 

of fact without providing adequate or meaningful guidelines for, or 

limits to, the exercise of that discretion. 

(ii) The Takata entities had no notice or means of ascertaining 

whether, or if so in what amount, they might be subject to a 

penalty for the conduct alleged by Plaintiff in this case. That lack 

of notice was compounded by the absence of any adequate or 

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meaningful standards as to the kind of conduct that might subject 

the Takata entities to punitive damages or as to the potential 

amount of such an award. 

(iii) Under Alabama and the Alabama punitive damages scheme, the 

jury is not instructed on the limits of punitive damages imposed by 

the purposes for which such damages are assessed. 

(iv) Under Alabama law and the Alabama punitive damages scheme, 

the jury is not expressly prohibited from awarding punitive 

damages, in whole or in part, on the basis of unduly discriminatory 

characteristics, including the corporate status of the defendant. 

(v) No provision of Alabama law or the Alabama punitive damages 

scheme provides adequate procedural safeguards consistent with 

the criteria set forth in State Farm Mutual Automobile Insurance v. 

Campbell, BMW of North America, Inc. v. Gore, Pacific Mutual 

Life Insurance Company v. Haslip, and Matthews v. Eldridge, exist 

for the imposition of a punitive damages award. 

(vi) Alabama law and the Alabama punitive damages scheme do not 

provide for adequate post-trial review of punitive damages awards 

or the amount thereof and do not provide objective standards for 

such review. 

(vii) Under Alabama law and the Alabama punitive damages scheme, 

there is no limit to the number of times the Takata entities could be 

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held accountable for punitive damages based on the same alleged 

conduct as that alleged in this case. 

(q) Another effect of Alabama’s punitive damages scheme is to impose 

punitive damages in an arbitrary, capricious, and discriminatory manner. 

The lack of adequate guidelines or review inevitably leads to variations in 

result without any rational basis for differentiation, and without serving 

any legitimate governmental purpose or interest. As a result, the 

constitutional mandates for equal protection of the laws as provided 

under the Fourteenth Amendment to the United States Constitution are 

violated. 

(r) Insofar as the punitive damages awards sought by Plaintiff seeks to 

impose punitive damages under Alabama law for conduct in other states, 

the award violates: 

(i) The Takata entities’ rights to due process and due course of law 

under the Fourteenth Amendment to the United States Constitution 

and the guarantees of due process of law provided under the 

Alabama Constitution of 1901; 

(ii) The dormant or negative commerce clause derived from Article I, 

Section 8, Clause 3, of the United States Constitution; 

(iii) The full faith and credit clause of Article IV, Section 1, of the 

United States Constitution; 

(iv) The requirement of the United States Constitution that a state 

respect the autonomy of other states within their spheres; and 

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(v) The prohibition against excessive fines in the United States 

Constitution. 

Twenty-Second Defense

The Takata entities have not had an opportunity to conduct a sufficient investigation or to 

engage in adequate discovery touching on the circumstances of the Plaintiff’s allegations. The 

Takata entities intend to act as best they can to inform themselves as to the pertinent facts and 

prevailing circumstances surrounding any reported injury or damage to the Plaintiff as alleged in 

the Complaint, and hereby give notice of their intent to assert any further affirmative defenses 

that their information-gathering process may indicate is supported by fact and law, including but 

not limited to, a defense that the action is barred in whole or in part by any applicable statute, 

contract, release, covenant, the doctrine of laches, the Plaintiff’s assumption of risk, the 

negligence of the operator of the product at issue in failing to keep a reasonable and proper 

lookout, and in otherwise failing to exercise due care. The Takata entities thus reserve the right 

to amend this Answer to assert any such defenses. 

Twenty-Third Defense

 The Takata entities reserve the right to amend their answer. 

_s/ Charles A. Stewart III _____________ 

Charles A. Stewart III (STE067) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

Attorneys for the Takata entities 

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CERTIFICATE OF SERVICE

I hereby certify that on August 14, 2006, I electronically filed the foregoing with 

the Clerk of the Court using the CM/ECF system which will send notification of such filing to 

the following: 

Joel Lee DiLorenzo 

Jackson and Tucker, PC 

Black Diamond Building 

2229 First Avenue North 

Birmingham, AL 35203 

Email: joel@ksjpc.com

Joseph Luther Tucker 

Jackson and Tucker, P.C. 

2229 1st Avenue North 

Birmingham, AL 35203 

Email: josh@jacksonandtucker.com

Kenneth S Jackson 

Jackson and Tucker, P.C. 

Black Diamond Building 

2229 1st Avenue North 

Birmingham, AL 35203 

Email: steve@jacksonandtucker.com

Walter B. Calton 

Calton & Rutland LLC 

PO Box 696 

Eufaula, AL 36027-0696 

Email: wcalton@bellsouth.net

Robert C Khayat, Jr. 

King & Spalding LLP 

1180 Peachtree St, NE 

Atlanta, AL 30309 

Email: rkhayat@kslaw.com

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and I hereby certify that I have mailed by United States Postal Service the document to the 

following non-CM/ECF participants: 

None. 

Respectfully submitted, 

s/ Charles A. Stewart III 

Charles A. Stewart III (asb-4955-a56c) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

E-mail: cstewart@bradleyarant.com 

1/1481053.1

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