In Chapter 5, you listed the causes of action Hewett must bring againt each of the co-defendants. Now it is their turn to bring affirmative defenses in their attempt to challenge her allegations. Down below

CAUSES OF ACTION

Against Creative Catering:

• Negligence
• Duty: Creative Catering owed a duty of care to Hewitt to provide catering services in accordance with the terms of the contract and to ensure the safety of the guests.
• Breach: Creative Catering breached its duty by failing to adhere to Hewitt's dietary restrictions and preferences, resulting in harm to Hewitt and her guests.
• Causation: The negligent actions of Creative Catering directly caused Hewitt and her guests to suffer allergic reactions and related damages.
• Damages: Hewitt and her guests suffered physical harm, emotional distress, and financial losses as a result of Creative Catering's negligence.
• Breach of Contract
• Existence of Contract: A valid contract existed between Hewitt and Creative Catering for catering services for the wedding reception.
• Breach: Creative Catering breached the contract by failing to provide the agreed-upon menu items and adhere to Hewitt's dietary restrictions.
• Damages: Hewitt suffered financial losses and emotional distress due to Creative Catering's breach of contract.

Against Portman:

• Negligent Supervision
• Duty: Portman owed a duty of care to Hewitt to properly supervise the catering operations of Creative Catering.
• Breach: Portman breached this duty by negligently supervising the catering operations, resulting in the failure to meet Hewitt's dietary requirements and causing harm to Hewitt and her guests.
• Causation: Portman's negligent supervision directly contributed to the harm suffered by Hewitt and her guests.
• Damages: Hewitt and her guests suffered physical harm, emotional distress, and financial losses as a result of Portman's negligent supervision.

Against Douglass Financial Services Inc.:

• Professional Negligence
• Duty: Douglass Financial Services Inc. owed a duty of care to Hewitt to provide accurate and reliable financial advice.
• Breach: Douglass Financial Services Inc. breached this duty by negligently providing inaccurate financial advice.
• Causation: The negligent advice provided by Douglass Financial Services Inc. directly resulted in additional expenses and damages incurred by Hewitt.
• Damages: Hewitt suffered financial losses and other damages due to the negligent financial advice provided by Douglass Financial Services Inc.

Assignment for Chapter 6: Drafting an Answer and Cross-Claim and Third-Party Complaint Your supervising attorney tells you that she was recently contacted by your client, Douglass Financial Services, Inc. and was advised that the company was just served with a copy of a complaint filed by Jessica Hewitt. The complaint names both Evan Portman and Douglass Financial as defendants in the lawsuit, and it is filed in the local state court. Your attorney does not have a copy of the complaint yet, but she tells you that when she spoke with the client's representative, he provided her with all the details of the complaint. Because time is short, your supervisor has asked you to prepare a draft of an answer and cross-claim. The answer will consist of a general denial and one affirmative defense. The affirmative defense is that the plaintiff's negligence contributed to the accident. She also wants you to prepare an appropriate cross-action against Evan Portman for reimbursement of any amounts Douglass Financial is required to pay. She also wants you to prepare a third-party complaint against the caterer. (See Exhibit 6-12.)

STATE OF WISCONSIN CIRCUIT COURT MILWAUKEECOUNTY

BRANCH

(Plaintiff's name),

Plaintiff

Case No.

v.

(Defendant's name),

Defendant

ANSWER

Defendant,(defendant's name), answers the complaint as follows:

1. [Choose appropriate alternative]

Answering paragraph , admits.

[or]

Answering paragraph , denies.

[or]

Answering paragraph , is without knowledge or information sufficient to form a belief as to the truth of the allegations.

[or]

Answering paragraph , admits that , but denies the remaining allegations.

[or]

Answering paragraph , is without knowledge or information sufficient to form a belief as to the truth of , and denies the remaining allegations.

[or]

Answering paragraph , neither admits nor denies because this is a conclusion of law, not an allegation of fact.

2.

3. [Choose appropriate alternatives from No. 1

to answer each paragraph of complaint]

4.

Affirmative Defenses

5. [Choose only the appropriate affirmative defenses and state them in short and plain terms in separately numbered paragraphs. You may state defenses generally (except fraud or mistake), but it is better practice to state all affirmative defenses with the same specificity required for allegations in the complaint. The affirmative defenses listed below are taken directly from Wis. Stat. 802.02(3), .06(2). This is not an exhaustive list, nor are all of the statutory defenses available.]

. Accord and satisfaction

. Another action pending between the same parties for the same cause

. Arbitration and award

. Discharge in bankruptcy

. Duress

. Estoppel

. Failure of a condition subsequent

. Failure or want of consideration

. Failure to join a party under Wis. Stat. 803.03*

. Failure to mitigate damages

. Failure to state a claim upon which relief can be granted*

. Fraud

. Illegality

. Immunity

. Incompetence

. Injury by fellow servants

. Insufficiency of summons or process*

. Laches

. Lack of capacity to sue or be sued

. Lack of personal or in rem jurisdiction*

. Lack of subject matter jurisdiction*

. License

. Payment

. Release

. Res judicata*

. Statute of frauds

. Statute of limitation*

. Superseding cause

. Untimeliness or insufficiency of service of summons or process*

. Waiver

. (State all other matters constituting an avoidance or affirmative defense)

WHEREFORE, defendant demands judgment:

[Choose appropriate alternative]

a. Dismissing the complaint on the merits and with prejudice;

[or]

a. (State other relief requested);

[Continue]

b. Awarding statutory costs; and

c. Granting such further relief as may be appropriate.

[Add jury demand if desired]

JURY DEMAND

Defendant demands a trial by a jury of(six) (twelve).

Dated: (date)

(Firm name)

Attorneys for Defendant

(Attorney's name)

State Bar No.

(Attorney's address)

(Attorney's telephone no.)