ELECTRONICALLY FILED
`Jefferson County Circuit Court
`Lafayette L. Woods, Circuit Clerk
`2020-Jun-08 14:31:07
`35CV-20-258
`C11WD02 : 6 Pages
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`IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ARKANSAS
`CIVIL DIVISION
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`DANIEL SMITH as Special Administrator of
`The Estate of TYWANNA ANGEL GORDON, DECEASED
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`PLAINTIFF
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` 35CV-20-258
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` V
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`KYLE HILL, HAROLD LOCKE and
`CARCO CARRIAGE CORPORATION
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` DEFENDANT
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`ANSWER
`______________________________________________________________________
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`Comes defendant, Carco Carriage Corporation, by and through its counsel, and
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`for its answer to plaintiff’s complaint states:
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`1.
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`Responding to paragraph 1, defendant states that Exhibit 1 speaks for itself
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`and denies any allegations contained in paragraph 1 that are inconsistent with that
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`Exhibit.
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`2.
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`Defendant generally admits that Tywanna Angel Gordon died on or about
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`May 13, 2019, but otherwise has insufficient information to admit or deny the remaining
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`allegations contained in paragraph 2 of the complaint and, therefore, denies same.
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`3.
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`Defendant has insufficient information to admit or deny the allegations
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`contained in paragraphs 3 and 4 of the complaint and, therefore, denies same.
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`4.
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`Defendant admits the allegations contained in paragraph 5 of the complaint.
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`Jefferson County Circuit Court
`Lafayette L. Woods, Circuit Clerk
`2020-Jun-08 14:31:07
`35CV-20-258
`C11WD02 : 6 Pages
`
`
`
`
`
`
`
`IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ARKANSAS
`CIVIL DIVISION
`
`DANIEL SMITH as Special Administrator of
`The Estate of TYWANNA ANGEL GORDON, DECEASED
`
`PLAINTIFF
`
` 35CV-20-258
`
`
`
` V
`
`
`KYLE HILL, HAROLD LOCKE and
`CARCO CARRIAGE CORPORATION
`
`
`
`
`
`
` DEFENDANT
`
`
`ANSWER
`______________________________________________________________________
`
`
`Comes defendant, Carco Carriage Corporation, by and through its counsel, and
`
`for its answer to plaintiff’s complaint states:
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`1.
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`Responding to paragraph 1, defendant states that Exhibit 1 speaks for itself
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`and denies any allegations contained in paragraph 1 that are inconsistent with that
`
`Exhibit.
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`2.
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`Defendant generally admits that Tywanna Angel Gordon died on or about
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`May 13, 2019, but otherwise has insufficient information to admit or deny the remaining
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`allegations contained in paragraph 2 of the complaint and, therefore, denies same.
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`3.
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`Defendant has insufficient information to admit or deny the allegations
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`contained in paragraphs 3 and 4 of the complaint and, therefore, denies same.
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`4.
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`Defendant admits the allegations contained in paragraph 5 of the complaint.
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`5.
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`Responding to paragraph 6 of the complaint, defendant adopts and
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`incorporates herein by reference each and every admission, denial and affirmative
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`defense contained in paragraphs 1-4 as if set forth word for word herein.
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`6.
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`7.
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`Defendant admits the allegations contained in paragraph 7 of the complaint.
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`Defendant admits the Court has subject matter jurisdiction and further
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`admits the Court has personal jurisdiction over this defendant, but has insufficient
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`information to admit or deny the remaining allegations contained in paragraph 8 of the
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`complaint and, therefore, denies same.
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`8.
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`9.
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`Defendant admits the allegations contained in paragraph 9 of the complaint.
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`Responding to paragraph 10 of the complaint, defendant adopts and
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`incorporates herein by reference each and every admission, denial and affirmative
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`defense contained in paragraphs 1-8 as if set forth word for word herein.
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`10. Responding to paragraph 11 of the complaint, defendant admits that Kyle
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`Hill rented a 2018 Chevrolet Malibu from this defendant. Defendant further admits that it
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`owned the 2018 Chevrolet Malibu. Defendant has insufficient information to admit or deny
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`the remaining allegations contained in paragraph 11 of the complaint and, therefore,
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`denies same.
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`11. Responding to paragraph 12 of the complaint, defendant admits that it
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`rented the 2018 Chevrolet Malibu to Kyle Hill, but denies the remaining allegations
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`contained in paragraph 12 of the complaint.
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`12. Defendant has insufficient information to admit or deny the allegations
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`contained in paragraphs 13, 14, 15, 16, 17, 18, and 19 of the complaint and, therefore,
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`denies the allegations contained in those paragraphs.
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`Page 2 of 6
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`13. Defendant denies the allegations contained in paragraphs 20 and 21 of the
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`complaint.
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`14.
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`To the extent the allegations in paragraph 22 pertain to this defendant,
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`defendant denies the allegations contained in paragraph 22. To the extent the allegations
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`pertain to other defendants, defendant has insufficient information to admit or deny the
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`remaining allegations and, therefore, denies same.
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`15. Responding to paragraph 23 of the complaint, defendant adopts and
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`incorporates herein by reference each and every admission, denial and affirmative
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`defense contained in paragraphs 1-14 as if set forth word for word herein.
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`16. Defendant has insufficient information to admit or deny the allegations
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`contained in paragraph 24 of the complaint and, therefore, denies same.
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`17. Defendant has insufficient information to admit or deny the allegations
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`contained in paragraph 25 of the complaint and, therefore, denies same, including a
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`denial of subsections (a)-(e).
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`18. Defendant has insufficient information to admit or deny the allegations
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`contained in paragraphs 26 and 27 of the complaint and, therefore, denies same.
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`19. Responding to paragraph 28 of the complaint, defendant adopts and
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`incorporates herein by reference each and every admission, denial and affirmative
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`defense contained in paragraphs 1-18 as if set forth word for word herein.
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`20. Responding to paragraph 29 of the complaint, defendant admits that Kyle
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`Hill rented the subject vehicle, but has insufficient information to admit or deny the
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`remaining allegations contained in paragraph 29 of the complaint and, therefore, denies
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`same.
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`Page 3 of 6
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`21. Defendant has insufficient information to admit or deny the allegations
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`contained in paragraphs 30, 31, 32, 33 and 34 of the complaint and, therefore, denies
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`same.
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`22. Responding to paragraph 35 of the complaint, defendant adopts and
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`incorporates herein by reference each and every admission, denial and affirmative
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`defense contained in paragraphs 1-21 as if set forth word for word herein.
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`23. Responding to paragraph 26 of the complaint, defendant admits that Kyle
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`Hill rented the vehicle from it, but otherwise has insufficient information to admit or deny
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`the remaining allegations contained in paragraph 36 and, therefore, denies same.
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`24. Defendant admits the allegations contained in paragraph 37 of the
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`complaint.
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`25. Defendant denies the allegations contained in paragraphs 38, 39, 40 and
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`41 of the complaint.
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`26. Responding to paragraph 42 of the complaint, defendant adopts and
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`incorporates herein by reference each and every admission, denial and affirmative
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`defense contained in paragraphs 1-25 as if set forth word for word herein.
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`27. Responding to paragraph 43 of the complaint, defendant denies the plaintiff
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`is entitled to any damages whatsoever from it and, therefore, denies all allegations
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`contained in paragraph 43 that pertain to this defendant, including a denial of subsections
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`(a)-(h). Defendant has insufficient information to admit or deny the allegations of
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`paragraph 43 as they pertain to other defendants and, therefore, denies the remaining
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`allegations.
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`Page 4 of 6
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`28. Defendant has insufficient information to admit or deny the allegations
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`contained in paragraph 44 of the complaint and, therefore, denies same.
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`29. Defendant denies all allegations contained in paragraphs 45, 46, 47 and 48
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`that pertain to this defendant. Defendant has insufficient information to admit or deny the
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`remaining allegations contained in these paragraphs and, therefore, denies same.
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`30. Paragraph 49 does not contain any allegations against this defendant and
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`no response is required. To the extent a response is required, defendant denies all
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`allegations of paragraph 49 that are inconsistent with applicable law and procedure.
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`31. Responding to paragraph 50 of the complaint, defendant joins in the request
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`for trial by jury for any disputed issues of fact.
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`32. Defendant denies all allegations contained in the “wherefore” clause of the
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`complaint as they pertain to this defendant. Defendant has insufficient information to
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`admit or deny the remaining allegations contained in the “wherefore” clause and,
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`therefore, denies same.
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`33. Defendant denies all allegations of the complaint that are not specifically
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`admitted herein.
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`34. Defendant affirmatively pleads the plaintiffs have failed to state a claim upon
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`which relief can be granted pursuant to Rule 12(b)(6) of the Arkansas Rules of Civil
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`Procedure.
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`35. Defendant reserves all affirmative defenses available under Rule 8 of the
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`Arkansas Rules of Civil Procedure.
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`36. Defendant affirmatively asserts application of the Graves Amendment,
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`which bars plaintiff’s recovery against this defendant.
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`Page 5 of 6
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`37. Defendant reserves the right to plead further, including pleading further
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`affirmative defenses.
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`Wherefore, Carco Carriage Corporation prays for dismissal of the complaint filed
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`against it and for all other proper relief.
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`Respectfully submitted,
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`ANDERSON, MURPHY & HOPKINS, L.L.P.
`400 W. Capitol Avenue, Suite 2400
`Little Rock, AR 72201-4851
`Telephone: 501-372-1887
`Facsimile: 501-372-7706
`E-Mail: denton@amhfirm.com
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`By: ___/s/ Debbie S. Denton ______________
` DEBBIE S. DENTON
` BAR NO. 97095
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`CERTIFICATE OF SERVICE
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`I, the undersigned counsel, hereby certify that a true and correct copy of the
`foregoing answer to plaintiff’s complaint has been provided via electronic filing and email
`on this 8th day of June 2020, to:
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`Mr. Brandon W. Lacy
`Lacy Law Firm
`630 S. Main St.
`Jonesboro, AR 72401
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`Ms. Megan Henry
`Henry Law Firm, PLLC
`202 W. Meadow
`Fayetteville, AR 72701
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`__/s/ Debbie S. Denton ___ ________
` DEBBIE S. DENTON
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`Page 6 of 6
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