Defendants' Answer and Affirmative Defenses

Defendants' Answer
and Affirmative Defenses

IN KING COUNTY SUPERIOR COURT STATE OF WASHINGTON


DEBRA ANN WEAVER, individually and the
natural guardian for her two minor sons,
TREVOR and TYLER WEAVER 
                                         No.  95-2-11171-8
Plaintiffs,

v.

ROBERT C. JOHNSON and MARIANNE JOHNSON,
husband and wife; CYNTHIA LYNN GEBHART
& STEVEN E. LYNN, husband and wife;

Defendants.
___________________________________________

COME NOW Defendants Johnson for answer to Plaintiff'' Complaint and state as follows:

I.

For Answer to Paragraph I of Plaintiffs' Complaint, Defendants admit the same.

II.

For Answer to paragraph II, Defendants Johnson admit they are married and form a marital community; but are without sufficient information to form a belief as to the truth or falsity of the remaining allegations and therefore deny the same.

III.

For Answer to paragraph III, Defendants admit that on or about June 2, 1994, Plaintiff Debra Weaver backed out of her driveway at street address 9771 NE 12th Place in Kirkland, Washington; that Trevor and Tyler were passengers in the Weaver vehicle, but deny all remaining allegations contained in this paragraph.

IV.

For Answer to paragraphs IV, V and VI defendants deny all allegations as to negligence on the part of Defendants Johnson, and deny lack of fault, carelessness or negligence on the part of Plaintiff Debra Weaver.

V.

For Answer by way of Affirmative Defense, Defendants Johnson allege that Plaintiff's injuries and damages, if any, were the proximate result of the negligence of Debra Weaver in failing to exercise due care in backing out of her driveway and striking the passenger side of the Johnson vehicle.

VI.

For answer by way of Affirmative Defense, Defendants Johnson claim that Plaintiff Debra Weaver's lawsuit is barred by the doctrine of Res Judicata.

VII.

For Answer by way of additional Affirmative Defense, Defendants Johnson claim that Plaintiff Debra Weaver's lawsuit is barred the doctrine of Accord and Satisfaction.

WHEREFORE, having fully answered the Plaintiffs' Complaint, Defendant Johnsons request that the Complaint be dismissed with prejudice and that costs and disbursements incurred herein be awarded to these answering Defendants.

DATED this ___ day of September, 1995

__________________________________________
GARY A. MAEHARA WSBA #14803
Attorney for Defendants Johnson