Case 2:13-cv BJR Document 12 Filed 06/21/13 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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1 Case :-cv-00-bjr Document Filed 0// Page of THE HONORABLE BRIAN A. TSUCHIDA UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES R. HAUSMAN and CAROL D. HAUSMAN, a husband and wife; and M.H., a minor child, by her guardian ad litem, CAROL D. HAUSMAN, v. Plaintiffs, HOLLAND AMERICA LINE - U.S.A., a Washington corporation; HOLLAND AMERICA LINE, INC., a Washington corporation; HOLLAND AMERICA LINE N.V., a Curacao corporation; and HAL ANTILLEN N.V., a Curacao corporation, Defendants. No. -00 COME NOW Defendants Holland America Line U.S.A., Holland America Line, Inc., Holland America Line N.V., and HAL Antillen N.V., by and through their attorneys, and respond to Plaintiff s Complaint as follows: No. -00 Page..00

2 Case :-cv-00-bjr Document Filed 0// Page of. Admit.. Admit.. Deny.. Admit.. Admit.. Admit. I. PARTIES II. JURISDICTION AND VENUE. The allegations contained in paragraph contain questions of law for the attention of the Court. To the extent an answer is deemed necessary from answering Defendants, admit.. Deny; loss of consortium damages are not available.. The allegations contained in paragraph contain questions of law for the attention of the Court. To the extent an answer is deemed necessary from answering Defendants, admit.. Admit.. Admit.. Admit. III. FACTS OF THE OCCURRENCE. Admit the MS AMSTERDAM is a 0-foot luxury cruise ship owned and operated by one of the defendants; deny all remaining allegations.. Admit.. Admit. No. -00 Page..00

3 Case :-cv-00-bjr Document Filed 0// Page of. Admit that Plaintiffs approached a doorway that led to the pool; deny all remaining allegations for lack of information.. Admit the first sentence of paragraph and that one of the doors struck Mr. Hausman on the right side of his body and possibly head; deny all remaining allegations.. Deny.. Deny.. Deny.. Deny.. Deny.. Admit.. Admit.. Admit. IV. LIABILITY (TORTIOUS CONDUCT AND INACTION). Defendants re-allege its responses above as if fully set forth herein.. The allegations contained in paragraph contain questions of law for the attention of the Court. To the extent an answer is deemed necessary from answering Defendants, admit.. Deny. Plaintiff approached the door from a very severe angle and the sensors did not detect him.. Deny. No. -00 Page..00

4 Case :-cv-00-bjr Document Filed 0// Page of 0. Admit that Defendants were aware of other instances in which passengers have been hit by automatic doors on ships in its fleet, deny all remaining allegations. No other passengers were hit by automatic doors during plaintiff s cruise.. Deny.. The allegations of this paragraph contain questions of law for the attention of. The allegations of this paragraph contain questions of law for the attention of. The allegations of this paragraph contain questions of law for the attention of. The allegations of this paragraph contain questions of law for the attention of V. DAMAGES. Defendants re-allege their responses above as if fully set forth herein.. Defendants are without sufficient information to confirm or deny the allegations of this paragraph and therefore, deny.. Deny.. Deny. 0. Deny.. Deny.. Deny as loss of consortium damages are not available in this action.. Deny. No. -00 Page..00

5 Case :-cv-00-bjr Document Filed 0// Page of VI. PUNITIVE DAMAGES. Defendants re-allege its responses to above as if fully set forth herein.. Defendants admit that they have automatic doors on its ship, but deny all remaining allegations.. Deny. VII. JURY DEMAND. This allegation does not require a response from answering defendants. VIII. RELIEF REQUESTED Defendants deny Plaintiff s prayer for relief in its entirety. FURTHER AND ADDITIONAL DEFENSES, INCLUDING AFFIRMATIVE DEFENSES By way of further answer, including affirmative defenses, Defendants allege as follows:. Plaintiffs Complaint fails, in whole or in part, to state a claim upon which relief can be granted.. Plaintiffs claims are barred and/or limited by contract.. Plaintiffs damages, if any, were proximately caused, in whole or in part, by plaintiffs negligence.. Plaintiffs assumed the risk.. Plaintiffs damages, if any, were proximately caused, in whole or in part, by the negligence of third party(ies) not named in this lawsuit.. Plaintiffs damages, if any, were proximately caused, in whole or in part, by a superseding cause(s). No. -00 Page..00

6 Case :-cv-00-bjr Document Filed 0// Page of. Plaintiffs have failed to mitigate their damages.. To the extent Defendants have made any payments to or on behalf of Plaintiffs, Defendants are entitled to a set-off.. Defendants reserve the right to add additional affirmative defenses as discovery develops. WHEREFORE, Defendants pray that Plaintiffs Complaint be dismissed with prejudice at their own cost and expense, and for all other general and equitable relief to which Defendants may be entitled. DATED this st day of June,. s/louis Shields LOUIS A., WSBA # 0 Nielsen Shields, PLLC Telephone: --00 Facsimile: las@nielsenshields.com Attorneys for Defendants No. -00 Page..00

7 Case :-cv-00-bjr Document Filed 0// Page of CERTIFICATE OF SERVICE I hereby certify that on June,, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Herbert Farber, Esq. The Farber Law Group PO Box Bellevue, WA I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed at Seattle, Washington. Sheila Baskins Legal Assistant Telephone: --00 Facsimile: --0 smb@nielsenshields.com 0 pe0 No. -00 Page..00