Henry Mu vs Omni providence Hotel

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

HENRY MU, Plaintiff,

vs.

OMNI HOTELS MANAGEMENT CORPORATION (aka. “Omni Hotels”), and JOHN DOES 1-20,

Defendants.

C.A. No. 1:15-cv-00187

DEFENDANT OMNI HOTELS MANAGEMENT CORPORATION’S ANSWER TO PLAINTIFF’S COMPLAINT

As and for its answer to the Complaint of Plaintiff Henry Mu, Defendant Omni Hotels

Management Corporation (“Omni”), responds as follows:

Response as to “Parties and Jurisdiction”

1. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 1.

2. Omni admits the allegations set forth in Paragraph 2.

3. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 3.

4. The allegations set forth in Paragraph 4 contain conclusions of law to which no

responsive pleading is required. To the extent that a responsive pleading is required, Omni

admits that the United States District Court for the District of Rhode Island has jurisdiction over

this case.

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Response as to “Factual Background”

5. Omni incorporates by reference its answers to Paragraphs 1 through 4 as though

fully set forth herein.

6. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 6.

7. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 7.

8. Omni denies the allegations set forth in Paragraph 8.

9. Omni denies the allegations set forth in Paragraph 9.

10. Omni denies the allegations set forth in Paragraph 10.

11. Omni denies the allegations set forth in Paragraph 11.

12. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 12.

13. Omni denies the allegations set forth in Paragraph 13.

14. Omni denies the allegations set forth in Paragraph 14.

15. Omni denies the allegations set forth in Paragraph 15.

16. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 16.

17. Omni denies the allegations set forth in Paragraph 17.

18. Omni denies the allegations set forth in Paragraph 18.

Response as to “Count I – Negligence”

19. Omni incorporates by reference its answers to Paragraphs 1 through 18 as though

fully set forth herein.

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20. Omni denies the allegations set forth in Paragraph 20.

21. Omni denies the allegations set forth in Paragraph 21.

22. Omni denies the allegations set forth in Paragraph 22.

23. Omni denies the allegations set forth in Paragraph 23.

24. Omni denies the allegations set forth in Paragraph 24.

Response as to “Count II – Battery”

25. Omni incorporates by reference its answers to Paragraphs 1 through 24 as though

fully set forth herein.

26. Omni is without knowledge or information sufficient to form a belief as to the

truth of the allegations set forth in Paragraph 26.

27. In response to Paragraph 27, Omni admits that an altercation involving Plaintiff

occurred in its lobby and denies the remaining allegations set forth in the Paragraph.

28. Omni denies the allegations set forth in Paragraph 28.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

The Complaint fails to state a claim upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred, in whole or in part, by his failure to mitigate damages.

THIRD AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred, in whole or in part, by the equitable doctrines of laches,

estoppel, waiver, and/or unclean hands.

FOURTH AFFIRMATIVE DEFENSE

Plaintiff’s recovery in this case would result in unjust enrichment.

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FIFTH AFFIRMATIVE DEFENSE

Any alleged injuries or damages sustained by Plaintiff were proximately caused by the

act of a third party over whom Omni had no authority or control and for whose actions Omni is

not legally responsible.

SIXTH AFFIRMATIVE DEFENSE

Any alleged injuries or damages sustained by Plaintiff were not directly or proximately

caused by any direct or indirect act or any omission of Omni but were the result of independent,

intervening, and/or superseding negligent acts or omissions of others over whom Omni had no

control and for whom Omni is not legally responsible.

SEVENTH AFFIRMATIVE DEFENSE

The negligence of Plaintiff and/or others contributed to any injuries or damages claimed

and this negligence should bar or reduce any recovery pursuant to R.I. Gen. Laws § 9-20-4.

EIGHTH AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred in whole or in part because the Omni is not vicariously liable

for the acts of the individuals who allegedly assaulted Plaintiff.

NINTH AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred in whole or in part because the injuries allegedly sustained

by Plaintiff resulted from dangers the risk of which Plaintiff assumed.

TENTH AFFIRMATIVE DEFENSE

Omni reserves such further defenses of which it may not be aware that may appear

hereafter during discovery, trial, or otherwise.

Prayer for Relief

WHEREFORE, Omni requests judgment:

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1. In favor of Omni and against Plaintiff on all claims set forth in Plaintiff’s Complaint;

2. Awarding Omni its costs and attorneys’ fees in defending this action; and

3. Granting such other and further relief this Court deems just and proper.

JURY DEMAND

Defendant hereby demands a trial by jury on all issues so triable.

Dated: Providence, Rhode Island May 7, 2015

Defendant, OMNI HOTELS MANAGEMENT CORPORATION, By its Attorneys,

/s/ Brenna A. Force Geoffrey W. Millsom (#6483) Brenna Anatone Force (#8555) ADLER POLLOCK & SHEEHAN P.C. One Citizens Plaza, 8

th Floor

Providence, RI 02903-2443 Tel: (401) 274-7200 Fax: (401) 351-4607/751-0604 [email protected]

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CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of May, 2015, a copy of the foregoing Answer was sent via first class mail to the following:

Jesse Duarte, Esq. DUARTE & OBOLENSKY LAW 127 Dorrance Street, 4th Floor Providence, RI 02903

/s/ Brenna A. Force

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