This is an Answer and Cross claim that I created in one of my legal classes at Alexandria Technical and Community College.

1. Krista Port
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: WRD
Carole Burns, trustee for the next of )
kin of Edmund Burns, decedent, and )
Carol Burns, individually, )
)
Plaintiffs, )
)
vs. ) ANSWER AND CROSS CLAIM
)
Harry’s Cement Mix, Inc., a Minnesota )
Corporation, and Clifford Marcus, )
) Court File No. 00-276
Defendants. )
Defendant Clifford Marcus, for his answer to the Complaint of the Plaintiffs herein, states
as follows:
I.
He admits paragraphs I, II, III, V, and IX of Plaintiffs’ Complaint.
II.
He denies paragraph IV of Plaintiffs’ Complaint.
III.
He denies that he was negligent as alleged in paragraph VI of said Complaint.
IV.
He is without sufficient information to form a belief as to the truth or falsity of Plaintiffs’
allegation as to Plaintiff Edmund Burns being injured as found in paragraph VI, and puts
Plaintiffs’ to their proof thereof.

2. V.
He is without sufficient information to form a belief as to the truth or falsity of
paragraphs VII, VIII, IX, and X and puts Plaintiffs to their proof thereof; and further states that
in the event Plaintiffs suffered damages as alleged, such damages were the result of the
negligence of Plaintiff Edmund Burns.
VI.
Except as admitted or otherwise qualified herein, Defendant Clifford Marcus denies each
and every allegation in said Complaint contained.
CROSS CLAIM
Defendant Clifford Marcus, for his cross claim against Harry’s Cement Mix Inc., states
and alleges as follows:
I.
That at the time and place referred to in Plaintiffs’ Complaint, this answering Defendant
was in the course and scope of his employment with Defendant, Harry’s Cement Mix, Inc., and
as a result of his employment, he is entitled to indemnity and/or contribution for the payment of
any damages adjourned against him on behalf of Plaintiffs from Defendant, Harry’s Cement Mix
Inc.
WHEREFORE, Defendant Clifford Marcus prays for judgment as follows:
1. Dismissing the Complaint of the Plaintiffs against this answering defendant.
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3. 2. In the event Plaintiffs are awarded judgment against this answering Defendant, he is
entitled to judgment against Defendant, Harry’s Cement Mix, Inc., for indemnity and/or
contribution thereof.
3. For such other and further relief as to the Court may deem just and equitable.
STEPHENS, BOWEN & JANSEN
____________________________________
Mavis M. Pattee
Attorney for Plaintiff
1601 Jefferson Street
Alexandria, MN 56308
Tele: (320) 762-4516
Atty. Reg. No. 77-7777
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
Clifford Marcus, being duly sworn, deposes and states that he is the defendant and the
cross claimant in the above entitled action, that he has read the foregoing answer and cross claim,
and that every statement contained therein is within his personal knowledge and is true and
correct.
____________________________________
Clifford Marcus
Subscribed and sworn to before me this 14th day of February 2012.
____________________________________
Notary Public
The party(ies) upon whose behalf this pleading is submitted, by and through the
undersigned, hereby acknowledge(s) that sanctions may be imposed for a violation of Minn. Stat.
Section 549.211.
____________________________________
Mavis M. Pattee
Attorney for Defendant Clifford Marcus
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