This was to be expected.SARAH GRIMES,
Plaintiff,
VS.
KRISTEN SABAN,
Defendant.
Case No.: CV-2012-900538
DEFENDANT’S MOTION TO DISMISS
COMES NOW the Defendant and pursuant to Rule 12(b)(6) of the Alabama Rules of
Civil Procedure respectfully moves this Honorable Court to dismiss all claims against this
Defendant. In support thereof Defendant offers the following:
1. The defendant pleads the general issue and says that she is not guilty of the matter alleged
in the Complaint.
2. This defendant pleads the general issue and says that the allegations of the Complaint are
not true.
3. The defendant pleads that the plaintiff was the first aggressor in this incident and
therefore she acted in self-defense.
4. The defendant pleads and affirmatively raises the Alabama Litigation Accountability Act,
Ala. Code § 12-19-270, et. seq., and hereby demands that the plaintiff’s claims be
dismissed within 90 days from the filing of the Complaint, or that defendant will seek
attorneys’ fees and costs from the plaintiff and plaintiff’s counsel.
5. As to the Complaint, the defendant denies each and every material allegation of the
plaintiff’s Complaint, demands strict proof thereof, and specifically denies that the
plaintiff is entitled to recover damages from this defendant.
6. The defendant avers that there is no causal relationship between any act of this defendant
and the injuries alleged in the Complaint.
7. The Complaint fails to state a claim for which relief can be granted.
8. The plaintiff was guilty of negligence which proximately caused or contributed to cause
the alleged injuries and damages.
9. The plaintiff assumed the risk of the alleged injuries and damages.
10. The defendant avers that all of the plaintiff’s medical expenses have been paid for by
plaintiff’s medical insurance carrier, or some other form of insurance, and plaintiff is not
entitled to recover.
11. The defendant avers that some other responsible entity and/or insurance company may
have provided benefits in the form of medical payments or other compensation to the
plaintiff.
12. The defendant pleads the applicable statute of limitations.
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