EFTA00798007.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLA NDS DIVISION OF ST. THOMAS and ST. JOHN GREAT ST. JIM, LLC, and LSJE, LLC, Plaintiffs, CIVIL NO. ST-2019-CV-057 v. PROSOLAR SYSTEMS, LLC, COMPLAINT FOR BREACH OF CONTRACT & FRAUD Defendant. ANSWER Defendant, PROSOLAR SYSTEMS, LLC, by and throu gh undersigned counsel, answering Plaintiff's Complaint, as to each numbered paragraph thereof, alleges as follows: 1. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 1 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defendant, they are specifically denied. 2. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 2 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defendant, they are specifically denied. 3. Admitted. 4. The Complaint speaks for itself. As to subject matter jurisd iction, Defendant does not concede, and therefore denies this allegation. 5. Denied. 6. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 6 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndan t they are specifically denied. EFTA00798007  Answer Page 2 7. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 7 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 8. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 8 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 9. Denied. 10. Denied as stated. 11. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 11 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defendant, they are specifically denied. 12. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 12 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 13. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 13 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 14. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 14 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 15. Admitted. EFTA00798008  Answer Page 3 16. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 16 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 17. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 17 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 18. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 18 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 19. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 19 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 20. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 20 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 21. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 21 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 22. Defendant restates its previous responses. 23. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 23 of the Complain t. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. EFTA00798009  Answer Page 4 24. Denied. 25. Denied. 26. Denied. 27. Defendant restates its previous responses. 28. Denied as stated. 29. Denied. 30. Denied. 31. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 31 of the Complaint. To the extent said allegations allege or infer any negligence on the part of Defendant, they are specifically denied. 32. Defendant is without sufficient information or knowledge to either admit or deny the allegations contained in Paragraph 32 of the Com plaint. To the extent said allegations allege or infer any negligence on the part of Defe ndant, they are specifically denied. 33. Denied. 34. Denied as stated. 35. Denied. FIRST AFFIRMATIVE DEFENSE Plaintiffs' injuries, if any, to the extent not solely attributabl e to Plaintiffs were the result of acts or omissions of third parties over whom Defe ndant had no control. SECOND AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action upon which relief may be granted. EFTA00798010  Answer Page 5 THIRD AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action for punitive damages. FOURTH AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action for fraud . FIFTH AFFIRMATIVE DEFENSE The Court may lack subject matter jurisdiction. SIXTH AFFIRMATIVE DEFENSE Plaintiffs' claims may be subject to the defense of impr oper venue and inconvenient forum. SEVENTH AFFIRMATIVE DEFENSE Plaintiffs' claims are barred by the defense of lack of prior notice to Defendant of any product defect. EIGHTH AFFIRMATIVE DEFENSE Plaintiffs' claims are barred by the defenses of estoppel, waiver and laches. NINTH AFFIRMATIVE DEFENSE Plaintiffs claims may be barred by their failure to mitig ate their damages. TENTH AFFIRMATIVE DEFENSE Plaintiffs' injuries, if any, may have been caused by interv ening and superseding factors and events not the responsibility of this Defendant. ELEVENTH AFFIRMATIVE DEFENSE Plaintiffs' claims are barred by the applicable statute of limitations period. TWELFTH AFFIRMATIVE DEFENSE Defendant specifically reserves the right to amend the Answ er at any time prior to, during or after trail to assert any affirmative defense that is established by the evidence. EFTA00798011  Answer Page 6 WHEREFORE, Defendant prays that judgment be entered dismissing the Complaint with an award for such costs and attorneys' fees as are incurred in the defense of this action. Respectfully submitted, Law Offices of Douglas L. Capdeville, P.C. DATED: April 1 2019 AS L. CAPD ILLE, ESQ. Attorneys for Defendant V.I. BAR #284 2107 Company St - Lot #4 P.O. Box 224191 St Croix USVI TeF• CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of April, 2019, I caused a true and correct copy of the foregoing ANSWER to be served via U.S. mail, postage prepaid, upon Christopher Allen Kroblin, Kellerhals Ferguson Kroblin, PLLC, Royal Palms Professional Building, 9053 Estate Thomas, Suite 101, St. Thomas, VI 00802. EFTA00798012