John R. Barhoum, OSB No. 045150

Email: john.barhoum@chockbarhoum.com

Michael A. Miller, OSB No. 066347

Email: michael.miller@chockbarhoum.com

Chock Barhoum LLP

121 SW Morrison, Suite 415

Portland, OR 97204

Telephone: (503) 223-3000

Fax: (503) 954-3321

Attorneys for Defendant Kerrie Conrad

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

TIMOTHY MEACHAM,

Plaintiff,

v.

SPIRIT AIRLINES, INC. and; KERRIE 

CONRAD,

Defendants.

No. 3:15-CV-00338-SI

DEFENDANT KERRIE 

CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

DEMAND FOR JURY TRIAL

DEFENDANT KERRIE CONRAD’S ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF TIMOTHY MEACHAM’S COMPLAINT

Defendant, Kerrie Conrad (“Defendant”), by and through her attorneys, Wilson 

Elser Moskowitz Edelman & Dicker LLP, hereby provides its Answer to Plaintiff Timothy 

Meacham’s Complaint at Law as follows:

Page 1 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 1 of 10
GENERAL ALLEGATIONS COMMON TO ALL COUNTS 

AND CLAIMS FOR RELIEF

1. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

2. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

3. Admit that Defendant was working at Portland International Airport as an employee 

of Airport Terminal Services, Inc. (“ATS”) and that a service agreement existed between 

ATS and defendant Spirit Airlines, Inc. (“Spirit”), the terms and conditions of which speak 

for themselves; therefore, this paragraph contains a legal conclusion that requires no 

response from this answering Defendant. 

4. Defendant admits. 

5. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

6. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

7. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

8. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same

9. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

Page 2 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 2 of 10
10. As to the allegation that Defendant was a “Spirit supervisor,” Defendant denies. As 

to the remaining allegations in this paragraph, Defendant is without information sufficient 

to admit or deny these allegations and therefore denies the same. 

11. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

12. Defendant denies all allegations contained in this paragraph. 

13. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

14. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

15. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

16. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

17. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

18. Defendant is without information sufficient to admit or deny these allegations and 

therefore denies the same.

19. Defendant denies that “Conrad pushed him” and is without information sufficient 

to admit or deny the remaining allegations contained in this paragraph and therefore denies 

the same.

/ / /

Page 3 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 3 of 10
FIRST CLAIM FOR RELIEF – Negligence

COUNT I – Premises and Invitee Liability as to Defendant Spirit

20. Defendant hereby reincorporates by reference each of its Answers to Paragraphs 1 

through 19 as though fully set forth herein. 

21. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

22. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. Defendant affirmatively denies that Conrad “pushed” Meacham or 

that she was an employee of Spirit. As to any other factual allegations, Defendant is without 

information sufficient to admit or deny these allegations and therefore denies the same.

23. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. Defendant affirmatively denies that Conrad “pushed” Meacham or 

that she was an employee of Spirit. As to any other factual allegations, Defendant is without

information sufficient to admit or deny these allegations and therefore denies the same.

24. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. Defendant affirmatively denies that Conrad “became emotionally

out of control,” that she became “physical with Meacham” or that she was an employee of 

Spirit. As to any other factual allegations, Defendant is without information sufficient to 

admit or deny these allegations and therefore denies the same.

25. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. Defendant affirmatively denies that Conrad “became emotionally 

Page 4 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 4 of 10
out of control and was going to get physical” or that she was an employee of Spirit. As to 

any other factual allegations, Defendant is without information sufficient to admit or deny 

these allegations and therefore denies the same.

26. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

27. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

28. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same.

29. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same. 

30. Defendant denies all allegations contained in this Paragraph.

31. Defendant denies all allegations contained in this Paragraph.

32. Defendant denies all allegations contained in this Paragraph.

33. Defendant denies all allegations contained in this Paragraph.

COUNT II – Common Carrier Liability as to Defendant Spirit

34. Defendant hereby reincorporates by reference each of its Answers to Paragraphs 1 

through 32 as though fully set forth herein.

Page 5 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 5 of 10
35. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

36. Defendant denies all allegations contained in this Paragraph. 

37. Defendant denies all allegations contained in this Paragraph, include subparagraphs 

(a)-(e).

38. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

39. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same.

40. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same.

41. Defendant denies all allegations contained in this Paragraph. 

42. Defendant denies all allegations contained in this Paragraph. 

43. Defendant denies all allegations contained in this Paragraph. 

44. Defendant denies all allegations contained in this Paragraph.

COUNT III – Negligence as to Spirit and Conrad

45. Defendant hereby reincorporates by reference each of its Answers to Paragraphs 1 

through 44 as though fully set forth herein.

Page 6 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 6 of 10
46. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

47. This paragraph contains a legal conclusion that requires no response from this 

answering Defendant. As to any factual allegations, Defendant is without information 

sufficient to admit or deny these allegations and therefore denies the same.

48. Defendant denies all allegations contained in this Paragraph.

49. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same.

50. Defendant denies all allegations contained in this Paragraph.

51. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same.

52. Defendant affirmatively denies that Defendant acted negligently. As to any other 

factual allegations, Defendant is without information sufficient to admit or deny these 

allegations and therefore denies the same.

53. Defendant denies all allegations contained in this Paragraph.

54. Defendant denies all allegations contained in this Paragraph.

55. Defendant denies all allegations contained in this Paragraph, include subparagraphs 

(f)-(j).

56. Defendant denies all allegations contained in this Paragraph.

Page 7 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 7 of 10
57. Defendant denies all allegations contained in this Paragraph.

58. Defendant denies all allegations contained in this Paragraph.

59. Defendant denies all allegations contained in this Paragraph.

60. Defendant denies all allegations contained in this Paragraph.

61. Defendant denies all allegations contained in this Paragraph.

SECOND CLAIM FOR RELIEF – Battery, Spirit and Conrad

62. Defendant hereby reincorporates by reference each of its Answers to Paragraphs 1 

through 61 as though fully set forth herein.

63. Defendant denies all allegations contained in this Paragraph.

64. Defendant denies all allegations contained in this Paragraph.

65. Defendant denies all allegations contained in this Paragraph.

66. Defendant denies all allegations contained in this Paragraph.

67. Defendant denies all allegations contained in this Paragraph.

68. Defendant denies all allegations contained in this Paragraph.

69. Defendant denies all allegations contained in this Paragraph.

DEFENDANT KERRIE CONRAD’S AFFIRMATIVE DEFENSES

1. Though Defendant denies any liability to Plaintiff for any damages whatsoever, 

upon information and belief, Plaintiff may have failed to mitigate his damages.

2. The actions of Plaintiff himself may have caused or contributed in whole or in part 

to the damages of which he complains in his Complaint at Law.

3. Any alleged damages suffered by Plaintiff resulted from acts and/or omissions of 

other parties or non-parties over whom this Defendant had no control or right to control. 

Page 8 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 8 of 10
4. That Plaintiff may have failed to name as a party to this action a corporation or 

organization in absence of whom the disposition of this action will leave this Defendant 

subject to a substantial risk of incurring double or multiple obligations. 

5. That Plaintiff’s claims against this Defendant fail to state a claim upon which relief 

can be granted. 

6. Plaintiff’s state law claims, if any, are preempted by the federal common law under 

the Federal Aviation Act and applicable regulations promulgated thereunder.

7. That Plaintiff’s claims against this answering Defendant are barred due to 

superseding and intervening causes.

PRAYER

WHEREFORE, having fully answered the allegations in Plaintiff’s Complaint, 

Defendant prays that judgment be entered against the Plaintiff and in favor of Defendant, 

that the Complaint and every count therein be dismissed, that costs and disbursements be 

awarded to Defendant, and that Defendant have such other and further relief as the Court 

deems just and proper.

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

Page 9 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

Case 3:15-cv-00338-SI Document 24 Filed 06/02/15 Page 9 of 10
JURY DEMAND

Pursuant to Fed. R. Civ. P. 38(b), Defendant demands a trial by jury.

Dated this 2nd day of June, 2015.

CHOCK BARHOUM LLP

John R. Barhoum, OSB No. 045150

Email: john.barhoum@chockbarhoum.com

Michael A. Miller, OSB No. 066347

Email:michael.miller@chockbarhoum.com

Attorneys for Defendant Kerrie Conrad

And

William J. Katt (Pro Hac Vice)

Email: william.katt@wilsonelser.com

John P. Loringer (Pro Hac Vice)

Email: john.loringer@wilsonelser.com

WILSON ELSER MOSKOWITZ EDELMAN & 

DICKER LLP

740 N. Plankinton Ave., Suite 600

Milwaukee, WI 53203

Telephone: (414) 276-8816

Fax: (414) 276-8819

Page 10 DEFENDANT KERRIE CONRAD’S ANSWER AND 

AFFIRMATIVE DEFENSES

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