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DOCKET NO.: DBD-CV22-6043947-S
`
`: SUPERIOR COURT
`
`CRISTY ZUNIGA PPA CHRISTINA WILLIAMS
`
`: J.D. OF DANBURY
`
`V.
`
`:
`
`THRILLZ LLC D/B/A THRILLZ
`HIGH FLYING ADVENTURE PARK
`
`
`
`: FEBRUARY 2, 2023
`
`ANSWER AND SPECIAL DEFENSES TO THE PLAINTIFF’S COMPLAINT
`
`The defendant, THRILLZ LLC, hereby submits this answer to the plaintiff’s revised
`
`complaint, dated November 15, 2022 together with special defenses, as follows:
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`1.
`
`Admitted, except the defendant is a limited liability company and not a
`
`corporation.
`
`2.
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`Denied. The defendant’s Thrillz park is located at 5 Prindle Lane in Danbury,
`
`Connecticut. Another park, Jumpz, is located at 21 Prindle Lane.
`
`3.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the allegations set forth in paragraph 3, and, therefore, leaves the plaintiff to her
`
`proof.
`
`4.
`
`5.
`
`6.
`
`Denied. The defendant’s premises are not located at 21 Prindle Lane.
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`Denied. The defendant’s premises are not located at 21 Prindle Lane.
`
`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the allegations set forth in paragraph 6, and, therefore, leaves the plaintiff to her
`
`proof.
`
`7.
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`No response is required as the allegations of paragraph 7 purport to state a legal
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`conclusion. Further, to the extent the allegations misstate the defendant’s duties, the
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`allegations are denied.
`
`

`

`8.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the allegations set forth in paragraph 8, and, therefore, leaves the plaintiff to her
`
`proof.
`
`9.
`
`Denied.
`
`10.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 10 that the plaintiff has
`
`sustained the stated injuries/damages, and therefore, leaves the plaintiff to her proof. The
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`defendant denies that it was negligent or careless in any manner and further denies that any
`
`such injuries/damages are the result of any negligence or carelessness on the part of the
`
`defendant.
`
`11.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the portion of the allegations set forth in paragraph 11 that the plaintiff has
`
`undergone right ankle surgery, and therefore, leaves the plaintiff to her proof. The defendant
`
`denies that it was negligent or careless in any manner and further denies that any such
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`surgery was the result of any negligence or carelessness on the part of the defendant.
`
`12.
`
`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 12 that the plaintiff’s leg was
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`placed in a splint/immobilizer, and therefore, leaves the plaintiff to her proof. The defendant
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`denies that it was negligent or careless in any manner and further denies that any such
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`placement was the result of any negligence or carelessness on the part of the defendant.
`
`13.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 13 that the plaintiff sustained
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`a permanent impairment, and therefore, leaves the plaintiff to her proof. The defendant denies
`
`

`

`that it was negligent or careless in any manner and further denies that any such impairment
`
`was the result of any negligence or carelessness on the part of the defendant.
`
`14.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 14 that the plaintiff has
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`sustained the stated conditions, and therefore, leaves the plaintiff to her proof. The defendant
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`denies that it was negligent or careless in any manner and further denies that any such
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`conditions were the result of any negligence or carelessness on the part of the defendant.
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`15.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 15 that the plaintiff has
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`expended and will continue to expend sums of money for the stated medical care and
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`treatment, and therefore, leaves the plaintiff to her proof. The defendant denies that it was
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`negligent or careless in any manner and further denies that any such payments for medical
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`care and treatment is the result of any negligence or carelessness on the part of the
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`defendant.
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`16.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 16 that the plaintiff has and will
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`continue to suffer the stated conditions, and therefore, leaves the plaintiff to her proof. The
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`defendant denies that it was negligent or careless in any manner and further denies that any
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`such conditions are the result of any negligence or carelessness on the part of the defendant.
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`17.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 17 that the plaintiff’s ability to
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`carry on life’s activities has and will be curtailed, and therefore, leaves the plaintiff to her proof.
`
`

`

`The defendant denies that it was negligent or careless in any manner and further denies that
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`any such inability is the result of any negligence or carelessness on the part of the defendant.
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`18.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 18 that the plaintiff has an
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`increased risk of future medical complications, and therefore, leaves the plaintiff to her proof.
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`The defendant denies that it was negligent or careless in any manner and further denies that
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`any such risk of future medical complications is the result of any negligence or carelessness
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`on the part of the defendant.
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`19.
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`The defendant has insufficient knowledge or information upon which to form a
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`belief as to the portion of the allegations set forth in paragraph 19 that the plaintiff has an
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`increased fear of future treatment, and therefore, leaves the plaintiff to her proof. The
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`defendant denies that it was negligent or careless in any manner and further denies that any
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`such fear is the result of any negligence or carelessness on the part of the defendant.
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`BY WAY OF SPECIAL DEFENSES
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`First Special Defense:
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`1. The plaintiff’s claim is barred, in whole or in part, by the doctrine of waiver.
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`Second Special Defense:
`
`1.
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`If the plaintiff sustained any injuries or damages as alleged in his complaint, said
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`injuries or damages were caused by her own negligence and carelessness at said time and
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`place in that she:
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`a. was inattentive to her surroundings;
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`b. failed to keep a proper lookout;
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`

`

`c. failed to make proper use of her senses and faculties; and
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`d. failed to exercise reasonable care for her own safety at said time and place; and
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`e. failed to follow park instructions and/or rules.
`
`THE DEFENDANT,
`THRILLZ LLC
`
`By: /s/ Brian E. Tims
` Brian E. Tims, Esq.
` FLB Law, PLLC
` 315 Post Road West
` Westport, CT 06880
` Juris No. 442190
` Their Attorneys
`
`

`

`CERTIFICATION
`
`I hereby certify that a copy of the above was mailed or electronically delivered on this
`2nd day of February 2023 to all counsel and pro se parties of record and that written consent
`for electronic delivery was received from all counsel and pro se parties of record who were
`electronically served.
`
`BERKOWITZ AND HANNA LLC
`VIA EMAIL: dbrill@theberkowitzlawfirm.com
`
`
`/s/ Brian E. Tims
` Brian E. Tims, Esq.
`
`

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