Civil-Litigation-Affirmative-Defenses-and-Complaint-Answer

Abel Abrahamson is a client of your firm (Sinclaire and Sinclaire, 464 Main St., Blackacre, Hometown, 37373). He recently received a Summons and Complaint from the Blackacre Circuit Court in your home state, informing him that his brother, Cain, is suing him. The complaint is attached here (Attachment 1, Course Project Complaint Mod 9). Your supervising attorney, Jake Smalls, has asked you to prepare an Answer and Counterclaim on behalf of Abel, for his review. He has already spoken with Abel, who has given him the following information:

  • He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
  • He believes his brother was intoxicated at the time, and was speeding.
  • He knows his brother went to the hospital, but is unsure of the extent of his injuries or medical bills. He is sure, however, that his brother is faking some of his injuries–he saw him moving furniture shortly after the accident. This also leads him to believe he could still perform his job.
  • He is furious with his brother, and wants to sue him for defamation. His brother has been going around town telling “everyone” that he intentionally ran him over because he thought Cain was going to tell Abel’s wife about an affair Abel was engaged in.
  • Abel adamantly denies hitting his brother on purpose, and is furious, as he has never engaged in an affair. Regardless, news of his brother’s statements about him have spread amongst the town, and Abel recently lost an election whereby he was running for the Blackacre School Board. Polling showed he lost the election due to the public’s concern over his moral fitness.

Your supervising attorney has advised you that a claim for defamation requires allegations of a false statement, published (or spread to other people) causing damages.

He has also advised you that you will need to research possible affirmative defenses in your home state of Illinois in order to include any potential affirmative defenses in the Answer. A template for your answer is available here (Attachment 2, Answer Sample Mod 9).

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