IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

LUMBERMAN’S UNDERWRITING * 

ALLIANCE as a Subrogee of * 

TRANSPORT LEASING/CONTRACT, * 

INC.; HANSEN & ADKINS AUTO * 

TRANSPORT, * 

 * 

 Plaintiffs, * 

 * 

vs. * 3:06-CV-645-MEF 

 * 

EMORY LEE YOUNG * 

an individual, * 

 * 

 Defendant. * 

ANSWER TO SECOND AMENDED COMPLAINT

 COMES NOW Defendant Emory Lee Young, and in response to the Plaintiff’s Second 

Amended Complaint makes the defenses set forth below: 

FIRST DEFENSE

1. Defendant states that by information and belief the allegations of paragraph 1 of 

the Second Amended Complaint are true. 

2. Defendant states that by information and belief the allegations of paragraph 2 of 

the Second Amended Complaint are true. 

3. Defendant states that by information and belief the allegations of paragraph 3 of 

the Second Amended Complaint are true. 

4. Defendant admits the allegations of paragraph 4 of the Second Amended 

Complaint. 

5. Defendant admits the allegations of paragraph 5 of the Second Amended 

Complaint, but denies that the allegations of paragraph 5 are material or admissible in this action. 

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6. This Defendant is without information to admit or deny the allegations or 

paragraph 6 of the Second Amended Complaint. 

7. This Defendant is without information to admit or deny the allegations or 

paragraph 7 of the Second Amended Complaint. 

8. Paragraph 8 of the Second Amended Complaint requires no response. 

9. Defendant states that by information and belief, the allegations of paragraph 9 of 

the Second Amended Complaint are true. 

10. Defendant is without information to admit or deny the allegations of paragraph 10 

of the Second Amended Complaint. 

11. Defendant is without information to admit or deny the allegations of paragraph 11 

of the Second Amended Complaint. 

12. Defendant states that, by information and belief, Mr. John collided into Louis 

Berry’s tractor trailer as stated in paragraph 12 of the Second Amended Complaint. 

13. Defendant admits he was involved in a motor vehicle accident with Mr. John on 

July 15, 2004 on U.S. Highway 80 in Russell County, Alabama. Defendant denies the remaining 

allegations of paragraph 13 of the Second Amended Complaint and demands strict proof thereof. 

14. Defendant admits the allegations of paragraph 14 of the Second Amended 

Complaint. 

15. Defendant denies the allegations of paragraph 15 of the Second Amended 

Complaint and demands strict proof thereof. 

16. Defendant is without information to admit or deny the allegations of paragraph 16 

of the Second Amended Complaint. 

17. Paragraph 17 of the Complaint requires no response.

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18. Defendant denies the allegations of paragraph 18 of the Second Amended 

Complaint and demands strict proof thereof. 

19. Paragraph 19 of the Second Amended Complaint is not directed to this Defendant. 

20. Defendant admits he had a duty to operate his vehicle in a safe manner and at a 

safe speed and distance behind vehicles in front of him, and Defendant fulfilled that duty at all 

times relevant to this case. 

21. Paragraph 21 of the Second Amended Complaint is not directed to this Defendant. 

22. Defendant denies the allegations of paragraph 22 of the Second Amended 

Complaint and demands strict proof thereof. 

23. Defendant denies the allegations of paragraph 23 of the Second Amended 

Complaint and demands strict proof thereof. 

24. Defendant is without information to admit or deny the allegations of paragraph 24 

of the Second Amended Complaint. 

SECOND DEFENSE

 Defendant denies each and every material allegation of the Second Amended Complaint 

not expressly admitted herein, and demands strict proof thereof. 

THIRD DEFENSE

 Defendant Emory Lee Young adopts and incorporates the responses and affirmative 

defenses contained in his Answer to the original Complaint as if set forth herein in full.

 Respectfully submitted this the 11th day of May, 2007. 

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 /s Joshua J. Jackson 

 Joshua J. Jackson 

 ASB-8286-U79J 

 Attorney for Defendant Emory Lee Young 

OF COUNSEL: 

SAMFORD & DENSON, LLP 

P.O. Box 2345 

Opelika, AL 36803-2345 

Telephone (334) 745-3504 

Facsimile (334) 745-3506 

jackson@samfordlaw.com

CERTIFICATE OF SERVICE

 I hereby certify that on May 11, 2007, I electronically filed the foregoing with the Clerk 

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

of record. 

Michael S. Jackson 

Ryan Wesley Shaw 

Beers, Anderson, Jackson, Patty & Van Heest, P.C. 

P.O. Box 1988 

Montgomery, AL 36102-1988 

Patrick R. Norris 

McDaniel, Bains & Norris, P.C. 

Two Metroplex Drive 

Suite 504 

Birmingham, AL 35209-6812 

 /s Joshua J. Jackson 

 OF COUNSEL 

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