Electronically Filed - GREENE - August 17, 2023 - 05:34 PM

IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI

DIVISION I

L.R., a minor by Next Friend, K.R., )

)
)
Plaintiff, )
) Cause No. 2331-CC00665
vs. )
)
LAKELAND HOSPITAL ACQUISITION, LLC, ) JURY TRIAL DEMANDED
)
Defendant. )

DEFENDANT LAKELAND HOSPITAL ACQUISITION, LLC’S ANSWER

TO PLAINTIFF’S PETITION

COMES NOW Defendant Lakeland Hospital Acquisition, LLC, by and through its

undersigned counsel, and for its Answer to Plaintiff’s Petition, states as follows:

GENERAL ALLEGATIONS

1. Defendant denies the allegations contained in Paragraph 1 for lack of knowledge.

2. Defendant admits that it is a limited liability company with its registered agent for

service the CT Corporation System, 120 S. Central Ave., Clayton, MO 63105, but Defendant

denies the remainder of the allegations contained in Paragraph 2.

3. Defendant denies the allegations contained in Paragraph 3 for vagueness.

4. Defendant denies the allegations contained in Paragraph 4.

5. Defendant denies the allegations contained in Paragraph 5.

6. Defendant denies the allegations contained in Paragraph 6 for vagueness.

7. Defendant admits the allegations contained in Paragraph 7.

8. Defendant denies the allegations contained in Paragraph 8.

9. Defendant denies the allegations contained in Paragraph 9 for vagueness.

10. Defendant denies the allegations contained in Paragraph 10.

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COUNT I

1. Defendant re-incorporates its answers to paragraphs 1-10.

2. Defendant denies the allegations contained in Paragraph 2, including all subparts.

3. Defendant denies the allegations contained in Paragraph 3.

4. Defendant denies the allegations contained in Paragraph 4.

5. Defendant denies the allegations contained in Paragraph 5.

COUNT II

1. Defendant re-incorporates its answers to Paragraphs 1-10 and in Count I.

2. Defendant denies the allegations contained in Paragraph 2.

3. Defendant denies the allegations contained in Paragraph 3.

4. Defendant denies the allegations contained in Paragraph 4.

AFFIRMATIVE DEFENSES

Without assuming any burden it would not otherwise bear and without reducing Plaintiff’s

burden on any of its claims and/or causes of action in Plaintiff’s Petition, Defendant states the

following affirmative defenses:

1. Plaintiff fails to state a claim upon which relief can be granted.

2. There is no duty owed by Defendant to Plaintiff, nor did Defendant undertake any duty

owed to Plaintiff.

3. There is no duty owed by Defendant to Plaintiff to control the conduct of third parties.

4. There is no special relationship recognized by Missouri law between Defendant and

Plaintiff sufficient to create a duty to protect Plaintiff from the acts of third persons.

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5. Plaintiff’s alleged injuries and damages were not caused by any act of omission of

Defendant, but rather were caused in whole or in part by the actions, omissions, and

negligence of other person(s) or entities who were not in Defendant’s control.

6. Defendant did not have actual or constructive knowledge of any conduct that posed a risk

of harm to Plaintiff.

7. There is no proximate cause or cause-in-fact between any alleged failure on the part of

Defendant (which is specifically denied) and Plaintiff’s alleged injuries and damages.

8. The facts and circumstances giving rise to the claims in Plaintiff’s Petition did not occur at

or during an event, occasion, or incident planned, controlled, approved by, or known to

Defendant.

9. To the extent that Plaintiff’s alleged injuries accrued as a result of any person other than

Defendant, a comparison of the negligence of all parties causing or contributing to cause

Plaintiff’s damages should be reduced against the favor of Plaintiff.

10. Defendant shall only be responsible for the percentage of any judgment for which such

Defendant is determined to be responsible by the trier of fact, and such Defendant will not

be liable for the fault of any other Defendant, or for the payment, or the portion share of

any other.

11. Pursuant to Mo. Rev. Stat. 537.067, if Defendant is found to bear less than 51% of fault,

then Defendant shall only be responsible for the percentage of the Judgment for which

Defendant is determined to be responsible by the trier of fact.

12. If Plaintiff enters into any agreement by release, covenant not to sue, or not to enforce

judgment, or if Plaintiff receives anything of value from any person or entity relating to the

allegations of Plaintiff’s Petition, the stipulated amount of any such agreement, or the

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amount of any such payment or consideration, whichever is greater, should be treated as a

payment in full satisfaction of the damages of Plaintiff, or in the alternative, that the amount

agreed upon, or the amount of any such payment or consideration, whichever is greater, be

set off and applied as a credit against any Judgment that may be entered against Defendant,

all in accordance with Mo. Rev. Stat. 537.060.

13. Defendant made no representation to Plaintiff that could be interpreted as a promise with

respect to safety and security, and therefore, Plaintiff was not justified in relying upon any

such information provided by Defendant as a promise.

14. Defendant reserves the right to introduce evidence at trial of any other defenses that may

be raised in good faith based on discovery or independent investigation.

WHEREFORE, having fully answered Plaintiff’s Petition herein, Defendant Lakeland

Hospital Acquisition, LLC requests that the Court dismiss Plaintiff’s Petition with costs herein

expended, and for such other and further relief as the Court deems just and proper under the

circumstances.

DEFENDANT DEMANDS TRIAL BY JURY.

LEWIS BRISBOIS BISGAARD & SMITH LLP

By: /s/ Timothy M. McAleenan, Jr.

Melissa A. Vaughn, #67844
Timothy M. McAleenan, Jr., #69217
100 South 4th St., Suite 500
St. Louis, Missouri 63102
(314) 685-8346 – Phone
Melissa.Vaughn@lewisbrisbois.com
Timothy.McAleenan@lewisbrisbois.com

Attorneys for Defendant Lakeland Hospital

Acquisition, LLC

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing was sent via the Court’s
efiling service to all parties on August 17, 2023.

/s/ Timothy M. McAleenan, Jr.

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