BER-L-006687-20 11/23/2020 1:13:09 PM Pg 1 of 8 Trans ID: LCV20202130290

SCHENCK, PRICE, SMITH & KING, LLP

Country Club Plaza
115 West Century Road, Suite 100
Paramus, New Jersey 07652
(973) 539-1000
Attorneys for Defendants, Ariana E. Pichardo and Luis R. Pichardo

DMITRIY PETROV,
SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION: BERGEN COUNTY

v. DOCKET NO. BER-L-6687-20

ARIANA E. PICHARDO, LUIS R. CIVIL ACTION

PICHARDO, PUBLIC SERVICE ELECTRIC
AND GAS COMPANY a/k/a PSE&G, JOHN ANSWER AND CROSSCLAIMS
DOES 1-10 (fictitious named), JANE DOES
1-10 (FICTITIOUSLY NAMED) and ABC
CORPS. 1-10 (fictitious named),

Defendants.

The defendants, Ariana E. Pichardo and Luis R. Pichardo, by way of Answer to the

Complaint of the plaintiff, hereby say:

PARTIES

1. Admitted.

2. Admitted.

3. Admitted.

4. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

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FACTS

1. Admitted.

2. Denied.

3. Denied.

4. Denied.

5. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

FIRST COUNT

1. The defendants repeat and reiterate their answer to each and every paragraphs set

forth as if same were set forth more fully at length herein.

2. Admitted.

3. Denied.

4. Denied.

5. Denied.

6. Denied.

SECOND COUNT

1. The defendants repeat and reiterate their answer to the first count of the Complaint

as if same were set forth more fully at length herein.

2. Denied.

3. Denied.

4. Denied.

5. Denied.

THIRD COUNT

1. The defendants repeat and reiterate their answer to the first two counts of the

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Complaint as if same were set forth more fully herein at length.

2. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

3. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

4. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

5. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

FOURTH COUNT

1. The defendants repeat and reiterate their answer to the first three counts of the

Complaint as if same were set forth more fully herein at length.

2. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

3. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

4. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

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5. The allegations of this paragraph are not directed to these defendants who,

therefore, provide no answer thereto. To the extent this paragraph is construed as making

allegations against these defendants, those allegations are denied.

SEPARATE DEFENSES

FIRST SEPARATE DEFENSE

These defendants deny any and all negligence.

SECOND SEPARATE DEFENSE

The alleged occurrence was caused by the sole negligence of plaintiff.

THIRD SEPARATE DEFENSE

Plaintiff was guilty of contributory negligence.

FOURTH SEPARATE DEFENSE

The alleged occurrence was caused by the negligence of an independent intervening

agency over which these defendants exercised no control and for whose actions these

defendants are not responsible.

FIFTH SEPARATE DEFENSE

Plaintiff has failed to set forth a cause of action against this defendant upon which relief

can be granted.

SIXTH SEPARATE DEFENSE

Damages, if any, must be computed in accordance with the rules of comparative

negligence.

SEVENTH SEPARATE DEFENSE

The alleged incident complained of resulted from circumstances and conditions beyond

the control of these defendants.

EIGHTH SEPARATE DEFENSE

This action is subject to the terms and conditions set forth in the New Jersey Automobile

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Reparation Reform Act.

NINTH SEPARATE DEFENSE

Defendants assert that this action is not appropriate for New Jersey Automobile

Reparation Reform Act.

TENTH SEPARATE DEFENSE

The complaint shows no violation of any duty that defendant may have owed to plaintiff.

ELEVENTH SEPARATE DEFENSE

These defendants plead N.J.S.A. 2A:15-59.1.

TWELFTH SEPARATE DEFENSE

These defendants plead N.J.S.A. 17:30E-1, et seq.

THIRTEENTH SEPARATE DEFENSE

This action is barred by the provisions of N.J.S.A. 39:6A-8 in that plaintiff has not

sustained death, permanent disability, permanent loss of any bodily function or loss of a body

member or part, and the cost of reasonable and necessary treatment of injury to the soft tissue

of the body, exclusive of hospital expenses, x-rays and other diagnostic medical expenses, is

less than the threshold prescribed by the statute.

FOURTEENTH SEPARATE DEFENSE

Plaintiff caused and/or contributed to his/her own injury by violating the Passenger

Automobile Seat Belt Usage Act, N.J.S.A. 39:3-76.2 et seq.

FIFTEENTH SEPARATE DEFENSE

Plaintiff has failed to mitigate damages and should have any award reduced accordingly.

SIXTEENTH SEPARATE DEFENSE

Plaintiff has failed to mitigate damages and accordingly should be denied any recovery.

SEVENTEENTH SEPARATE DEFENSE

These defendants assert all rights, defenses and immunities provided in N.J.S.A. 39:6A-

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8.

EIGHTEENTH SEPARATE DEFENSE

There is no jurisdiction over these defendants in that the process and service thereof

was improper and ineffective as a matter of law and defendants reserve the right to move to

strike plaintiff's complaint including at the time of trial.

NINETEENTH SEPARATE DEFENSE

These defendants reserve the right to strike the complaint for failure of plaintiff to comply

with R. 4:37-2 in that the summons was not issued within ten (10) days after the filing of the

complaint as required by R. 4:4-1.

TWENTIETH SEPARATE DEFENSE

Plaintiff's claim is barred by reason of the Statute of Limitations.

CROSSCLAIMS

Defendants, Ariana E. Pichardo and Luis R. Pichardo, by way of crossclaim against co-

defendants, Public Service Electric and Gas Company a/k/a PSE&G, John Does 1-10, Jane Does

1-10 and ABC Corps. 1-10, say:

FIRST COUNT

1. Defendants deny any and all negligence, but assert that if they are adjudged

negligent, they contend that their negligence is secondary and vicarious and not the proximate

cause of plaintiff's injuries.

2. Defendants assert that the negligence of co-defendants is primary and the

proximate cause of plaintiff's injuries and said defendants, therefore, demand indemnity against co-

defendants for the costs and fees of investigating and defending this matter and for any sums which

may be adjudged against these defendants in behalf of plaintiff.

WHEREFORE, defendants, Ariana E. Pichardo and Luis R. Pichardo, demand judgment

against co-defendants, Public Service Electric and Gas Company a/k/a PSE&G, John Does 1-10,

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Jane Does 1-10 and ABC Corps. 1-10, for damages and costs.

SECOND COUNT

1. Defendants repeat each and every allegation set forth in the first count and make

said allegations a part hereof as if herein set forth at length.

2. Defendants assert that co-defendants are joint tortfeasors under and by virtue of

the Joint Tortfeasors Contribution Act of the State of New Jersey.

WHEREFORE, defendants, Ariana E. Pichardo and Luis R. Pichardo, demand judgment

of contribution against co-defendants, Public Service Electric and Gas a/k/a PSE&G, John Does

1-10, Jane Does 1-10 and ABC Corps. 1-10, for damages and costs.

CERTIFICATION PURSUANT TO R. 4:6-1

I hereby certify that this pleading was served within the time period allowed under R. 4:6-

1.

CERTIFICATION PURSUANT TO R. 4:5-1

Pursuant to R. 4:5-1, it is hereby certified that there are no other known or related actions

or arbitration proceedings pending, that no other actions or arbitration proceedings are

contemplated and that no other known persons should be joined at this time.

DEMAND FOR ANSWERS TO FORM A INTERROGATORIES

Defendants hereby demand answers to Form A Interrogatories within the time prescribed

by the Rules of Court.

JURY DEMAND

Defendants hereby demand a trial by jury as to all issues so triable.

DESIGNATION OF TRIAL COUNSEL

Pursuant to the provisions of R. 4:25-4, the court is advised that Brian R. Lehrer, Esq. is

hereby designated as trial counsel.

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CERTIFICATION OF COMPLIANCE WITH RULE 1:38-7(c)

Pursuant to R. 1:38-7(c), I certify that confidential personal identifiers have been

redacted from documents now submitted to the Court and will be redacted from all documents

submitted in the future in accordance with R. 1:38-7(b).

SCHENCK, PRICE, SMITH & KING, LLP

Attorneys for Defendants,
Arian E. Pichardo and Luis R. Pichardo

By: __/s/ Brian R. Lehrer___________________

Brian R. Lehrer
Dated: November 23, 2020

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Civil Case Information Statement

Case Details: BERGEN | Civil Part Docket# L-006687-20

Case Caption: PETROV DMITRIY VS PICHARDO ARIANA Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (VERBAL
Case Initiation Date: 11/04/2020 THRESHOLD)
Attorney Name: BRIAN R LEHRER Document Type: Answer
Firm Name: SCHENCK PRICE SMITH & KING, LLP Jury Demand: YES - 6 JURORS
Address: 220 PARK AVENUE Is this a professional malpractice case? NO
FLORHAM PARK NJ 07932 Related cases pending: NO
Phone: 9735391000 If yes, list docket numbers:
Name of Party: DEFENDANT : PICHARDO, LUIS, R Do you anticipate adding any parties (arising out of same
Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO
(if known): New Jersey Manufacturers Insurance Company
Are sexual abuse claims alleged by: DMITRIY PETROV? NO

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE

CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO

If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:

Do you or your client need any disability accommodations? NO

If yes, please identify the requested accommodation:

Will an interpreter be needed? NO

If yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

11/23/2020 /s/ BRIAN R LEHRER

Dated Signed