IN THE UNITED STATES DISTRICT COURT

Northern District of Indiana

Hammond Division

WILLIAM R. DENDER and )

JULIA D. DENDER, Individually )

and as Husband and Wife, )

)

Plaintiffs, )

)

v. ) CASE NO. 2:14-cv-00190-JVB-PRC

)

DIMITRE KATCHOULEV and )

KATCHOULEV CORP., d/b/a )

BULTRANS EXPRESS, )

)

Defendants.

ANSWER, AFFIRMATIVE DEFENSES AND JURY TRIAL REQUEST

Defendants, Dimitre Katchoulev, and Katchoulev Corp., d/b/a Bultrans 

Express, by counsel, for their Answer to Plaintiffs' Complaint, allege and say:

1. That Plaintiffs, William R. Dender and Julia D. Dender at all times 

relevant herein were residents of the City of Valparaiso, County of Porter, State of 

Indiana.

RESPONSE: Defendants are without sufficient information to either 

admit or deny the material allegations contained in paragraph one (1) of Plaintiffs' 

Complaint, and therefore deny the same. 

2. That defendant, Dimitre Katchoulev, at all times relevant herein was 

a resident of the Village of Deerfield, County of Lake, State of Illinois.

RESPONSE: Defendants admit the material allegations contained in 

paragraph two (2) of Plaintiffs' Complaint.

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3. That Defendant, Katchoulev Corp. d/b/a Bultrans Express, is a 

domestic corporation incorporated in the State of Illinois which does business in 

Indiana.

RESPONSE: Defendants admit the material allegations contained in 

paragraph three (3) of Plaintiffs' Complaint.

4. That at all times relevant herein, Defendant, Dimitre Katchoulev, 

was the agent, servant and/or employee of Defendant, Kathcoulev Corp. d/b/a 

Bultrans Express, and further that at all times relevant herein said Dimitre 

Katchoulev was acting within the course of his agency and the scope of his 

employment in operating a certain semi-tractor/trailer of which said defendant, 

Katchoulev Corp. d/b/a Bultrans Express, was the owner of the tractor and 

trailer and listed as the registered owner on the police report.

RESPONSE: Defendants admit the material allegations contained in 

paragraph four (4) of Plaintiffs' Complaint.

5. That on and prior to April 30, 2012, I-80 was a public way running 

in a generally east and west direction in the City of Hobart, County of Lake, State 

of Indiana.

RESPONSE: Defendants admit the material allegations contained in 

paragraph five (5) of Plaintiffs' Complaint.

7. (sic) That on the 30th day of April, 2012, Defendant, Dimitre 

Katchoulev, was operating a certain 2006 Volvo tractor and a semi-trailer on said 

I-80 in an easterly direction within the course and scope of his employment as 

aforesaid.

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RESPONSE: Defendants admit the material allegations contained in 

paragraph seven (7-sic) of Plaintiffs' Complaint.

8. That while operating his tractor-trailer on I-80 in Hobart, Indiana 

Dimitre Katchoulev attempted to move his truck to the right lane where William 

R. Dender was lawfully driving his vehicle which caused his truck to collide with 

William R. Dender’s vehicle.

RESPONSE: As to the material allegations contained in paragraph 

eight (8) of Plaintiffs’ Complaint, Defendants admit that contact occurred between 

the two (2) vehicles on I-80; however, Defendants deny the remaining material 

allegations contained therein.

9. That at the time and place aforesaid, the Defendant, Dimitre 

Katchoulev, was guilty of one or more of the following wrongful acts or omissions:

a. Carelessly and negligently drive said semi-tractor/trailer causing it 

to collide with plaintiff’s vehicle and was inattentive.

b. Carelessly and negligently failed to yield the right of way and rove 

into plaintiff’s lane of travel.

c. Carelessly and negligently failed to maintain proper and safe control 

of said semi-tractor.

d. Carelessly and negligently failed to maintain a proper and safe 

lookout on the roadway.

e. Carelessly and negligently failed to slow, stop or take any other 

evasive action and with his vehicle before the plaintiff’s vehicle 

struck the defendant’s semi-tractor/trailer.

f. Carelessly and negligently operated said semi-tractor/trailer so that 

plaintiff, William R. Dender, was injured.

g. Carelessly and negligently changed lanes.

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RESPONSE: Defendants deny the material allegations contained in 

paragraph nine (9), including subparagraphs a, b, c, d, e, f and g, of Plaintiffs' 

Complaint.

10. At the time of the incident, Defendant Katchoulev Corp. d/b/a 

Bultrans Express, negligently entrusted its vehicle to defendant, Dimitre 

Katchoulev, when it knew or should have known that the defendant, Dimitre 

Katchoulev, was incapable of properly undertaking or completing the task of 

safely operating said vehicle, and such conduct was reasonably foreseeable to 

cause injury and/or contractually and legally liable for his actions, all of which 

resulted in this accident.

RESPONSE: Defendants deny the material allegations contained in 

paragraph ten (10) of Plaintiffs' Complaint.

11. That as a direct and proximate result of one or more of the aforesaid 

wrongful acts of omissions of the defendants, and each of them, said semi-tractor 

collided with plaintiff’s vehicle, a 2007 Chevrolet Cobalt, which destroyed the 

same and plaintiff lost the use of said vehicle.

RESPONSE: Defendants deny the material allegations contained in 

paragraph eleven (11) of Plaintiffs' Complaint.

12. That as a further direct and proximate result of one or more of the 

aforesaid wrongful acts or omissions of defendants, Plaintiff, William R. Dender, 

sustained severe injuries external and internal, and suffered shock to his 

nervous system, and bruises and contusions, and became and was sick and 

disabled and suffered great pain and discomfort and was kept from attending to 

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his ordinary affairs and duties, and has lost great gains which he otherwise 

would have made and acquired and has incurred medical expenses and other 

out-of-pocked expenses.

RESPONSE: Defendants deny the material allegations contained in 

paragraph twelve (12) of Plaintiffs' Complaint.

13. That as a further direct and proximate result of one or more of the 

wrongful acts or omissions of the defendants, Plaintiff, William R. Dender, 

suffered severe pain and injury to multiple areas of his body, and in particular 

suffered a mild traumatic brain injury. William R. Dender has suffered great 

pain and discomfort, and has incurred medical bills and expenses and will incur 

medical bills in the future. Plaintiff has also sustained permanent impairment, 

lost wages and other out-of-pocket expenses, all of which will generally diminish 

the quality of his life.

RESPONSE: Defendants deny the material allegations contained in 

paragraph thirteen (13) of Plaintiffs' Complaint.

COUNT II

1-13. The plaintiffs re-allege and incorporate each and every allegation 

contained in Rhetorical Paragraph One (1) through and including Rhetorical 

Paragraph Thirteen (13) of Count I as Rhetorical Paragraph One (1) through and 

including Rhetorical Paragraph Thirteen (13) of Count II as though the same were 

fully and completely set forth herein.

RESPONSE: In response to paragraphs one (1) through thirteen (13) 

of Count II of Plaintiffs' Complaint, Defendants incorporate by reference their

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response to paragraphs one (1) through thirteen (13) of Count I of Plaintiffs’ 

Complaint as if set forth in their entirety.

14. That on and prior to April 30, 2012, the Plaintiffs were the lawfully 

wedded spouses of each other and were living together as husband and wife, and 

by virtue of that marriage, Plaintiffs became and were entitled to the 

companionship, society, services, affection and consortium of each other.

RESPONSE: Defendants are without sufficient information to either 

admit or deny the material allegations contained in paragraph fourteen (14) of 

Count II of Plaintiffs' Complaint, and therefore deny the same. 

15. That as a direct and proximate result of the injuries sustained by the 

plaintiffs, each plaintiff has been deprived of the companionship, society, 

services, affection, consortium of the other and further, have been obligated to 

incur indebtedness for medical expenses incurred on their behalf which were 

necessitated by the Defendant’s negligent acts and omissions; and further, will 

continue to incur indebtedness for future medical care and treatment and loss of 

their spouse’s services in attempting to alleviate or remedy their condition.

RESPONSE: Defendants deny the material allegations contained in 

paragraph fifteen (15) of Count II of Plaintiffs' Complaint.

WHEREFORE, the Defendants, Dimitre Katchoulev, and Katchoulev Corp., 

d/b/a Bultrans Express, would pray for judgment in their favor, that Plaintiffs 

take nothing by way of their Complaint, for costs of this action, and for all other 

just and proper relief in the premises.

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AFFIRMATIVE DEFENSES

Defendants, Dimitre Katchoulev, and Katchoulev Corp., d/b/a Bultrans 

Express, by counsel, for their Affirmative Defenses to Plaintiffs' Complaint, allege 

and say:

1. Plaintiffs' claim should be reduced by Plaintiffs' comparative fault.

2. Plaintiffs' claim is barred because the comparative fault of Plaintiffs 

exceeds fifty percent (50%).

3. Defendants did not proximately cause Plaintiffs' damages and 

injuries, if any be found to exist.

4. Plaintiffs have failed to mitigate their damages.

WHEREFORE, the Defendants, Dimitre Katchoulev and Katchoulev Corp., 

d/b/a Bultrans Express, would pray for judgment in their favor, that Plaintiffs 

take nothing by way of their Complaint, for costs of this action, and for all other 

just and proper relief in the premises.

Respectfully submitted,

TRAVELERS STAFF COUNSEL OFFICE

By: /s/Paul T. Belch

Paul T. Belch, #18533-4

JURY DEMAND

Pursuant to Trial Rule 38, the Defendant, Dimitre Katchoulev, and 

Katchoulev Corp., d/b/a Bultrans Express, respectfully demand a trial by jury.

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Respectfully submitted,

TRAVELERS STAFF COUNSEL OFFICE

By: /s/Paul T. Belch

Paul T. Belch, #18533-49

CERTIFICATE OF SERVICE

The undersigned certifies that on this 6th day of June, 2014, a copy of this 

document was filed electronically. Notice of this filing will be sent to the following 

parties by operation of the Court’s electronic filing system. Parties may access 

this filing through the Court’s system.

I certify that a copy of the foregoing document has been duly served upon 

all persons listed below, by United States mail, first-class postage prepaid, on 

this 6th day of June, 2014:

Todd S. Schafer

SCHAFER AND SCHAFER

3820 East U.S. 30

Merrillville, IN 46410

By: /s/Paul T. Belch

Paul T. Belch, #18533-49

Travelers Staff Counsel

280 East 96th Street, Suite 325

Indianapolis, IN 46240

Telephone: (317) 818-5100

Fax: (317) 818-5124

pbelch@travelers.com

PTB:gb

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