I am over the age of 18 and not a party to the within action; my business
address is:__________
340 North Camden Dr., Suite 300, Beverly Hills, CA
90210_______________________________
On Jan. 3, 1986, I served the foregoing document described
as_________________________
ANSWER OF TWENTIETH CENTURY FOX FILM CORPORATION TWENTIETH CENTURY FOX
TELEVISION, GLEN LARSON PRODUCTIONS, INC., AND GLEN LARSON on interested
parties in this action by placing a true copy thereof in a sealed envelope
with postage thereon fully prepaid in the United States mail at; Beverly
Hills, CA_______________________________
addressed as follows:
David Sabih, Esq.
>
Haskell Shapiro, Esq.
Law Offices of Belli & Sabih
9952 Santa Monica Blvd.
Beverly Hills, CA 90212
XX (By MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Beverly Hills____, California.
(BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee. Executed on Jan.3___, 19 86 at Beverly Hills_________________________, California.
XX State I declare under penalty of perjury under the laws of the State of California that the above is true and correct. __Federal I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
Signature of Carol Gagne
Carol Gagne
Joel E. Boxer
Robert J. Rose
NUTTER, BIRD, MARELLA,
BOXER, WOLPERT & MATZ
340 North Camden Drive, Suite 300
Beverly Hills, CA 90212
(213) 273-9132
FILED
JAN 06, 1986
Attorneys for Defendants
FRANK S. ZOLIN, County Clerk
Twentieth Century Fox Television
Twentieth Century Fox-Film Corporation,
Glen Larson Productions, Inc. and Glen Larson
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
GRETHA HEXUM, ) CASE NO: WEC 095783
)
) ANSWER OF TWENTIETH CENTURY FOX
Plaintiff, ) FILM CORPORATION, TWENTIETH
) CENTURY FOX TELEVISION, GLEN
-vs- ) LARSON PRODUCTIONS, INC., AND
) GLEN LARSON
20TH CENTURY FOX TELEVISION, )
20TH CENTURY FOX FILM )
CORPORATION, GLEN LARSON )
PRODUCTIONS, INC., GLEN LARSON )
Individually, SIDNEY HAYERS, )
THORKLEIF(sic) HEXUM, DOES 1 T0 100 )
INCLUSIVE, )
)
Defendants )
_________________________________________)
ANSWER
Twentieth Century Fox Film Corporation, Twentieth Century Fox Television, Glen Larson Productions, Inc. and Glen Larson (the "Fox and Larson defendants"), in answer to plaintiff's unverified complaint, jointly and severally admit, deny, and allege as follows, for themselves only and for no other defendants:
1. The Fox and Larson defendants generally deny each and every allegation of plaintiff's unverified complaint.
FIRST AFFIRMATIVE DEFENSE -- ALL CAUSES OF ACTION
(Comparative Negligence)
2. As their first separate and affirmative defense to all of the causes of this action, the Fox and Larson defendants individually allege that the decedent Jon-Erick (sic) Hexum failed to exercise reasonable and ordinary care, caution, or prudence for his own safety. The resulting damages, if any, and fatal injury sustained by decedent were proximately caused and contributed to by the negligence of decedent. The comparative negligence of the decedent is imputed to plaintiff and plaintiff's recovery, if any, from defendants must be reduced accordingly.
SECOND AFFIRMATIVE DEFENSE -- ALL CAUSES OF ACTION
(Contributory Negligence)
3. As their second separate and affirmative defense to all of the causes of action, the Fox and Larson defendants individually allege that the decedent Jon-Erick (sic) Hexum failed to exercise reasonable and ordinary care, caution, or prudence for his own safety. The resulting damages, if any, and fatal injury sustained by decedent were proximately caused and contributed to by the negligence of decedent. The contributory negligence of the decedent is imputed to plaintiff and plaintiff's recovery from defendants must be barred.
THIRD AFFIRMATIVE DEFENSE -- ALL CAUSES OF ACTION
(Assumption of Risk)
4. As their third, separate, and affirmative defense to all of the causes of action, the Fox and Larson defendants individually allege that the damages, if any, and fatal injury were proximately caused by decedent's carelessness, recklessness, and the risks of which decedent was aware and expressly assumed by aiming a gun at his head at close range. The carelessness, recklessness and assumption of such risks by decedent is imputed to the plaintiff and plaintiff's recovery must be barred.
FOURTH AFFIRMATIVE DEFENSE -- SECOND AND THIRD CAUSES OF ACTION
(Unforeseeable Abnormal Use)
5. As their fourth, separate, and affirmative defense to the second and third causes of action, the Fox and Larson defendants individually allege that the decedent was using the described gun and blank bullets in an unintended or unforeseeably abnormal use. The unintended or unforeseeable abnormal use by the decedent is imputed to plaintiff and plaintiff's recovery must be barred.
FIFTH AFFIRMATIVE DEFENSE -- THIRD CAUSE OF ACTION
(Lack of Notice)
6. As their fifth, separate and affirmative defense to the third cause of action, the Fox and Larson defendants individually allege that notice in a timely manner of the purported breaches of warranty have not been given to the manufacturer, distributors or sellers of such gun and blank rounds, and that recovery by the plaintiff is therefore barred.
SIXTH AFFIRMATIVE DEFENSE -- SECOND CAUSE OF ACTION
(Failure to State Claim)
7. As their sixth, separate and affirmative defense, the Fox and Larson defendants individually allege that the second cause of action does not state facts sufficient to constitute a cause of action against them.
SEVENTH AFFIRMATIVE DEFENSE -- THIRD CAUSE OF ACTION
(Failure to State Claim)
8. As their seventh, separate and affirmative defense, the Fox and Larson defendants individually allege that the third cause of action does not state facts sufficient to constitute a cause of action against them.
WHEREFORE, the Fox and Larson defendants jointly and severally pray that plaintiff take nothing, that judgment be entered for them and for their costs of suit, and for such other and further relief as the Court may deem just and proper.
Dated: January 3, 1986.
Joel E. Boxer
Robert J. Rose
NUTTER, BIRD MARELLA,
BOXER, WOLPERT & MATZ
A Professional Corporation
By (Signature of Robert J. Rose)
Robert J. Rose
Attorneys for Defendants
Twentieth Century Fox Television,
Twentieth Century Fox Film
Corporation, Glen Larson
Productions, Inc. and Glen Larson
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