Steven 0. Rosen, OSB #785009 

Rosen@RosenLawFirm.com 

Elizabeth M. Ferrarini OSB #944859 

Ferrarini@RosenLawFirm.com 

The Rosen Law Firm, P.C. 

1000 SW Broadway, Suite 1220 

Portland, OR 97205 

Telephone: (503) 525-2525 

Facsimile: (503) 525-2526 

Attorneys for Defendant Spirit Airlines, Inc. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

TIMOTHY MEACHAM, 

Plaintiff, 

v. 

SPIRIT AIRLINES INC.; KERRIE 

CONRAD; AND AIRPORT 

TERMINAL SERVICES, INC., a 

Missouri Corporation 

Defendants. 

Case No. 3: 15-cv-00338-SI 

DEFENDANT SPIRIT AIRLINES 

INC.'S ANSWER AND 

AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED 

COMPLAINT 

DEMAND FOR JURY TRIAL 

COMES NOW defendant Spirit Airlines, Inc. ("Spirit") and answers 

plaintiff's First Amended Complaint as follows: 

Paoe I of 11 - DEFENDANT SPIRIT AIRLINES INC. "S 

- ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF"S FIRST AMENDED COMPLAINT 

fhc Rosen La\\ Firm. P.C. 

J(JOO S\V Broadway. Suite 1220 

Portland. Oregon 97205 

Phone· (503) :125-2525; Fax: (503) 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 1 of 12
I. PARTIES 

1. Spirit lacks knowledge or information sufficient to form a belief as to 

the truth of the allegations of paragraph 1 and therefore denies those allegations. 

2. Spirit admits the allegations of paragraph 2. 

3. Spirit admits the allegations of paragraph 3. 

4. Spirit admits the allegations of paragraph 4. 

II. JURISDICTION AND VENUE 

5. Spirit admits the allegations of paragraph 5. 

6. Spirit admits the allegations of paragraph 6. 

7. Spirit admits the allegations of paragraph 7. 

8. Spirit admits the allegations of paragraph 8. 

III. GENERAL ALLEGATIONS 

9. Spirit admits the allegations of paragraph 9. 

10. Spirit lacks knowledge or information sufficient to form a belief as to 

the truth of the allegations of paragraph 10 and therefore denies those allegations. 

11. Spirit lacks knowledge or information sufficient to form a belief as to 

the truth of the allegations of paragraph 11 and therefore denies those allegations. 

12. Spirit admits the allegations of paragraph 12. 

The l{oscn Law Finn. P.C 

1 000 S\\" Broathn-i~. Suiti: 1220 

Portland. Oregon 97205 

Page 2 of I I DEFENDANT SPIRIT AIRLINES INC. ·s 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT Phone: (503) 525<.'.525: Fa:-.: (503) 525-2S26 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 2 of 12
13. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 13. 

14. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 14. 

15. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 15. 

16. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 16. 

17. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 1 7. 

18. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 18. 

Page 3 of 11 - DEFENDANT SPIRIT AIRLINES INC"S 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF"S FIRST AMENDED COMPLAINT 

The Rosen La\\ Flrrn. P.C. 

l 000 S\\- Broadway. Suitt 1220 

Portland. Oregon 97205 

Phone: (503) 525-2525: Fa\.: (503) 525-2:'i26 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 3 of 12
19. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 1 9. 

20. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 20. 

21. Spirit admits the allegations of paragraph 21. 

22. Spirit lacks knowledge or information sufficient to form a belief as to 

the truth of the allegations of paragraph 22 and therefore denies those allegations. 

23. Spirit lacks knowledge or information sufficient to form a belief as to 

the truth of the allegations of paragraph 23 and therefore denies those allegations. 

24. Spirit lacks knowledge or information sufficient to form a belief as to 

the truth of the allegations of paragraph 24 and therefore denies those allegations. 

25. Spirit admits that Meacham, Allison McDonouth, Sarah Tomeby, and 

Megan Tomeby boarded a Spirit Airlines airplane at Gate D-2 at the Portland 

International Airport. Spirit lacks knowledge or information sufficient to form a 

belief as to the truth of the remaining allegations of paragraph 25 and therefore 

denies those allegations. 

26. Spirit admits the allegations of paragraph 26. 

Page 4 of 11 - DEFENDANT SPIRIT AIRLINES INC'S 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT 

The Rosen La\\' Firm. P.C. 

!000 S\\' Broachvay. Suill..' 1220 

Ponland. Oregon 97205 

Phm1L': (503) 525-2525: Fa-.:. (503) 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 4 of 12
27. Spirit admits that it was requested of these individuals that they leave 

the aircraft. Spirit lacks knowledge or information sufficient to f01m a belief as to 

the truth of the remaining allegations of paragraph 27 and therefore denies those 

allegations. 

28. Spirit admits the allegations of paragraph 28. 

29. Spirit denies the allegations of paragraph 29. 

30. Spirit admits that paramedics came to the jet bridge. Spirit lacks 

knowledge or information sufficient to f01m a belief as to the truth of the 

remaining allegations of paragraph 30 and therefore denies those allegations. 

31. Spirit lacks knowledge or information sufficient to form a belief as 

to the truth of the allegations of paragraph 31 and therefore denies those 

allegations. 

32. Spirit lacks knowledge or information sufficient to form a belief as 

to the truth of the allegations of paragraph 32 and therefore denies those 

allegations. 

33. Spirit lacks knowledge or information sufficient to form a belief as 

to the truth of the allegations of paragraph 33 and therefore denies those 

allegations. 

Page 5 of I I - DEFENDANT SPIRIT AIRLINES INC:S 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT 

The foscn La\\ Firm_ P.C. 

1000 S\\' Brnad\\ay. Suik 1220 

Portland. Oregon 97205 

Phone: (503i 52:~-2S25; Fa:-.:: (503) :125-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 5 of 12
34. Spirit lacks knowledge or information sufficient to form a belief as 

to the truth of the allegations of paragraph 34 and therefore denies those 

allegations. 

35. Spirit lacks knowledge or information sufficient to form a belief as 

to the truth of the allegations of paragraph 35 and therefore denies those 

allegations. 

36. Spirit lacks knowledge or information sufficient to form a belief as 

to the truth of the allegations of paragraph 36 and therefore denies those 

allegations. 

IV. LIABILITY 

FIRST CLAIM FOR RELIEF - Negligence 

Count I - Premises and Invitee Liability as to Defendants Spirit and ATS 

3 7. Spirit reasserts and re-alleges each and every answer contained in the 

preceding paragraphs of this Answer, and incorporates them herein by reference as 

though set forth herein. 

38. Spirit admits that Meacham was a customer of Spirit. Spirit denies 

the remaining allegations of paragraph 38. 

39. This paragraph contains a legal conclusion that requires no response 

from Spirit. As to any factual allegations, Spirit denies the allegations of 

paragraph 39. 

Page 6 of 11 - DEFENDANT SPIRIT AIRLINES INC. ·s 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT 

lhL' Rosen Law Firm. P.C 

1000 S\V Hroad\\a~·. Suite !220 

Portland. Oregon 97205 

Phone: ()03) 525-2525: Fax: (503) 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 6 of 12
40. Spirit denies the allegations of paragraph 40. 

41. Spirit denies the allegations of paragraph 41. 

42. Spirit denies the allegations of paragraph 42. 

43. Spirit denies the allegations of paragraph 43. 

44. Spirit denies the allegations of paragraph 44. 

45. Spirit denies the allegations of paragraph 45. 

46. Spirit denies the allegations of paragraph 46. 

47. Spirit denies the allegations of paragraph 47. 

48. Spirit denies the allegations of paragraph 48. 

49. Spirit denies the allegations of paragraph 49. 

50. Spirit denies the allegations of paragraph 50. 

Count II - Common Carrier Liability as to Defendant Spirit and ATS 

51. Spirit reasserts and re-alleges each and every answer contained in the 

preceding paragraphs of this Answer, and incorporates them herein by reference as 

though set forth herein. 

52. Spirit admits that it is a common carrier and that it has the duties of a 

common carrier. Spirit denies the remaining allegations of paragraph 52. 

53. Spirit denies the allegations of paragraph 53. 

54. Spirit denies the allegations of paragraph 54. 

55. Spirit denies the allegations of paragraph 55. 

The Rosen Law Firm. P.C 

I 000 S\\. Broadway. Suite 1220 

Portland. Oregon 97205 

Page 7 of I I - DEFENDANT SPIRIT AIRLINES INC."S 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF"S FIRST AMENDED COMPLAINT Phone: (:1113) 525-2525; Fax: (503) 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 7 of 12
56. Spirit denies the allegations of paragraph 56. 

57. Spirit denies the allegations of paragraph 57. 

58. Spirit denies the allegations of paragraph 58. 

59. Spirit denies the allegations of paragraph 59. 

60. Spirit denies the allegations of paragraph 60. 

61. Spirit denies the allegations of paragraph 61. 

Count III- Negligence as to Spirit, ATS and Conrad 

62. Spirit reasserts and re-alleges each and every answer contained in the 

preceding paragraphs of this Answer, and incorporates them herein by reference as 

though set forth herein. 

63. Spirit admits the allegations of paragraph 63. 

64. Spirit admits the allegations of paragraph 64. 

65. Spirit admits the allegations of paragraph 65. 

66. Spirit denies the allegations of paragraph 66. 

67. Spirit denies the allegations of paragraph 67. 

68. Spirit denies the allegations of paragraph 68. 

69. Spirit denies the allegations of paragraph 69. 

70. Spirit denies the allegations of paragraph 70. 

71. Spirit denies the allegations of paragraph 71. 

72. Spirit denies the allegations of paragraph 72. 

The Rosen La\\ Firm. P.C 

1000 S\\. Broadway. Suite 1220 

Portland. Oregon 97205 

Page 8of11 DEFENDANT SPIRIT AIRLINES INC,'S 

ANSWER AND AfflRMA TIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT Phone: (503) 525-252:1: Fax: (503) 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 8 of 12
73. Spirit denies the allegations of paragraph 73. 

74. Spirit denies the allegations of paragraph 74. 

75. Spirit denies the allegations of paragraph 75. 

76. Spirit denies the allegations of paragraph 76. 

77. Spirit denies the allegations of paragraph 77. 

78. Spirit denies the allegations of paragraph 78. 

79. Spirit denies the allegations of paragraph 79. 

SECOND CLAIM FOR RELIEF - Battery, Spirit, ATS and Conrad 

80. Spirit reasserts and re-alleges each and every answer contained in the 

preceding paragraphs of this Answer, and incorporates them herein by reference as 

though set forth herein. 

81. Spirit denies the allegations of paragraph 81. 

82. Spirit denies the allegations of paragraph 82. 

83. Spirit denies the allegations of paragraph 83. 

84. Spirit denies the allegations of paragraph 84. 

85. Spirit denies the allegations of paragraph 85. 

86. Spirit denies the allegations of paragraph 86. 

87. Spirit denies the allegations of paragraph 87. 

The Rosen La\\ Firm. P.C 

I 000 S\V Br1)athn1;,. Suik 1220 

Poriland. On:gon 97205 

Page 9 of I I - DEFENDANT SPIRIT AIRLINES JNCS 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT Phone: (503) 525-2525: Fa\: (5{)3J 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 9 of 12
88. No response is required to this statement. If further pleading is 

authorized by the court, Spirit affirmatively denies that punitive damages are 

appropriate in this case. 

89. No response is required to this statement. 

SPIRIT'S AFFIRMATIVE DEFENSES 

I. Plaintiffs alleged damages and injuries if any, were proximately 

caused or contributed to in whole or in part by the superseding, intervening, 

unexpected, and unforeseeable acts or omissions of individuals or entities over 

whom Spirit exercised no control, which bars plaintiff from recovering damages 

against Spirit or limits plaintiffs recovery. 

2. Plaintiffs alleged damages and injuries, if any, were proximately 

caused or contributed to in whole or in part by plaintiff, which bars plaintiff from 

recovering damages against Spirit or limits plaintiffs recovery. 

3. Though Spirit denies any liability to plaintiff for any damages 

whatsoever, upon information and belief, plaintiff may have failed to mitigate his 

damages. 

4. Plaintiffs claims are preempted by federal law. 

Ill 

Ill 

Page 10 of 11 ~DEFENDANT SPIRIT AIRLINES INC."S 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT 

The Rosen La\\' Firm_ P.C. 

l (l(JO S\V Brm.idwa:.. Suite 1220 

Portland. Oregon 97205 

Phflne: (503) ~25-2525: Fax: (:103} 52S-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 10 of 12
PRAYER 

WHEREFORE, having fully answered the allegations in plaintiff's 

Complaint, Spirit prays that judgment be entered against the plaintiff and in favor 

of Spirit, that the Complaint and every count therein be dismissed, that costs and 

disbursements be awarded to Spirit, and that Spirit have such other and further 

relief as the Court deems just and proper. 

JURY DEMAND 

Pursuant to Fed. R. Civ. P. 38(b ), defendant Spirit Airlines, Inc. demands a 

trial by jury. 

DATED this 21" day of July, 2015. 

s/ Elizabeth M. Ferrarini 

Elizabeth M. Ferrarini, OSB #944859 

F errarini@RosenLawFirm.com 

Steve 0. Rosen, OBS #785009 

Rosen@RosenLawFirm.com 

Of Attorneys for Defendant Spirit Airlines, Inc. 

Page 11 of 11 - DEFENDANT SPIRIT AIRLINES INC. ·s 

ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF"S FIRST AMENDED COMPLAINT 

The Ro~cn La\\ Firm. P.C 

J()(l() S\V Broad\\ll)'. Suite 1220 

Portland. On:gnn 97205 

Phone: (503) 525-2525: Fax: (503i 525-2.'i26 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 11 of 12
CERTIFICATE OF SERVICE 

I hereby certify that I served a copy of the foregoing DEFENDANT 

SPIRIT AIRLINES INC.'S ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF'S FIRST AMENDED COMPLAINT by the following indicated 

method or methods: 

~ Notice of this filing will be sent by e-mail to plaintiff's counsel by operation 

of the Court's electronic filing system. Parties may access this filing 

through the Court's CM/ECF system. 

Mr. William Ball 

Attorney William Ball, LLC 

420 SW Washington, Suite 400 

Portland, OR 97204 

Attorney for plaintiff Timothy Meacham 

Mr. John Barhoum 

Mr. Michael A. Miller 

Chock Barhoum LLP 

121 SW Morrison, Suite 415 

Portland, OR 97204 

Attorneys for Defendants Kerrie Conrad and 

Airport Terminal Services, Inc. 

DATED this 21st day of July, 2015. 

Mr. William Katt 

Mr. John Loringer 

Wilson Elser Moskowitz 

Edelman & Dicker LLP 

740 N. Plankinton Ave., Ste 600 

Milwaukee, WI 53203 

Attorneys for Defendants Kerrie 

Conrad and Airport Terminal 

Services, Inc. 

s/ Elizabeth M. Ferrarini 

Elizabeth M. Ferrarini, OSB #944859 

Page 1 - Certificate of Service The Rosen La\\ Firm. P.C 

I 000 S\\' Bruad\\'ay. Suite l 220 

Portland. Oregon 97205 

Phoni:: (503) 525-2525: Fax: (503) 525-2526 

Case 3:15-cv-00338-SI Document 31 Filed 07/21/15 Page 12 of 12