IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

WILLIAM A. PHILLIPS, JR. : 

 : 

 : NO. 03-4129 

 v. : 

 : 

RAILROAD CONSTRUCTION COMPANY, INC. : 

OF SOUTH JERSEY : 

DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 

WITH AFFIRMATIVE DEFENSES 

________________________________________________________ 

1. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint. Accordingly, these allegations are denied and deemed at issue, with strict proof of same 

demanded at time of trial. 

2. Admitted. 

3. Denied. The allegations contained within this paragraph constitute conclusions of law to which 

no responsible pleading is required. 

4. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint regarding plaintiff's alleged accident and injuries. Accordingly, these allegations are 

denied and deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations 

contained within this paragraph constitute conclusions of law to which no responsive pleading is required. 

5. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

Case 2:03-cv-04129-BWK Document 3 Filed 08/26/03 Page 1 of 5
plaintiff's Complaint regarding plaintiff's alleged accident and injuries. Accordingly, these allegations are 

denied and deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations 

contained within this paragraph constitute conclusions of law to which no responsive pleading is required. 

6. (a-i) Denied. The allegations contained in this paragraph and sub-paragraphs constitute 

conclusions of law to which no responsive pleading is required. To the extent that these allegations can be 

construed as being of a factual nature, then these allegations are denied and deemed at issue, with strict proof of 

same demanded at time of trial. 

7. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint regarding plaintiff's accident and injuries. Accordingly, these allegations are denied and 

deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations contained in this 

paragraph constitute conclusions of law to which no responsive pleading is required. 

8. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint regarding plaintiff's accident and injuries. Accordingly, these allegations are denied and 

deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations contained in this 

paragraph constitute conclusions of law to which no responsive pleading is required. 

9. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint regarding plaintiff's accident and injuries. Accordingly, these allegations are denied and 

deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations contained in this 

paragraph constitute conclusions of law to which no responsive pleading is required. 

Case 2:03-cv-04129-BWK Document 3 Filed 08/26/03 Page 2 of 5
10. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint regarding plaintiff's accident and injuries. Accordingly, these allegations are denied and 

deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations contained in this 

paragraph constitute conclusions of law to which no responsive pleading is required. 

11. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge and 

information to form a belief as to the truth or falsity of the allegations contained within this paragraph of 

plaintiff's Complaint regarding plaintiff's accident and injuries. Accordingly, these allegations are denied and 

deemed at issue, with strict proof of same demanded at time of trial. All remaining allegations contained in this 

paragraph constitute conclusions of law to which no responsive pleading is required. 

 WHEREFORE, answering defendant, Railroad Construction Company of South Jersey, Inc., demands 

judgment in its favor against all parties together with interest, costs and attorney's fees. 

FIRST AFFIRMATIVE DEFENSE 

 Plaintiff's claims are barred by the applicable Statute of Limitations. 

SECOND AFFIRMATIVE DEFENSE 

 Plaintiff's claims are barred or modified by the Comparative Negligence Act of Pennsylvania. 

THIRD AFFIRMATIVE DEFENSE 

 Plaintiff's claims are barred, in whole or in part by the contractual agreements between answering 

defendant and its various subcontractors.

FOURTH AFFIRMATIVE DEFENSE 

 Plaintiff's claims are barred by the doctrine of unclean hands. 

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FIFTH AFFIRMATIVE DEFENSE 

 Answering defendant owed no legally cognizable duty to the plaintiff. 

SIXTH AFFIRMATIVE DEFENSE 

 Answering defendant breached no legally cognizable duty to the plaintiff. 

SEVENTH AFFIRMATIVE DEFENSE 

 Plaintiff's causes of action are barred or otherwise limited by the doctrine of assumption of the risk. 

EIGHTH AFFIRMATIVE DEFENSE 

 Any damages allegedly sustained by plaintiff were the result of actions of third parties over whom 

answering defendant had no control. 

NINTH AFFIRMATIVE DEFENSE 

 Plaintiff should be estopped from asserting the cause of action since plaintiff had the opportunity to 

observe and correct any alleged defective condition and failed to do so. 

TENTH AFFIRMATIVE DEFENSE 

 Plaintiff failed to mitigate his damages. 

ELEVENTH AFFIRMATIVE DEFENSE 

 Plaintiff has breached his contractual obligation owed to answering defendant with respect to his 

remedies and his obligation to obtain applicable liability insurance for the accident in question. 

TWELFTH AFFIRMATIVE DEFENSE 

 Plaintiff is barred from asserting the instant action because of the doctrine of res judicata. 

THIRTEENTH AFFIRMATIVE DEFENSE 

 Plaintiff is precluded from asserting the instant action because of the doctrine of accord and satisfaction. 

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FOURTEENTH AFFIRMATIVE DEFENSE 

 Plaintiff’s claims against answering defendant are barred by the applicable provisions of the 

Pennsylvania Workers Compensation Act. 

 WHEREFORE, answering defendant, Railroad Construction Company of South Jersey, Inc., demands 

judgment in its favor against all parties together with interest, costs and attorney's fees. 

 MARSHALL, DENNEHEY, WARNER, 

 COLEMAN & GOGGIN 

 BY:______________________________ 

 DANIEL D. KREBBS 

 Attorney for Defendant, Railroad Construction Company of South 

 Jersey, Inc. 

\01_21\LIAB\DDK\LLPG\404596\DMH\03180\00126 

 

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