IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND

NAHDI NAH, et at. Plaintiffs

V.

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CIVIL NO.: 364479-V JUDGE: JOSEPH M. QUIRK

MARK MARADEI, et. at. Defendants

ANSWER
Defendants, Mark Maradei, Joseph P. Tehaan, Kevin J. Tehaan, and Montgomery County Board of Education ("BOE"), by and through their undersigned attorneys, and pursuant to the Maryland Rules, hereby answer Plaintiffs Complaint as follows:
CD

c)

FIRST DEFENSE
Defendants generally deny liability as alleged in the Complaint pursuant to Rule 2-323(d)

of theJvlaryland Rules

SECOND DEFENSE
The Complaint fails to state a claim upon which relief can be granted.

THIRD DEFENSE
The injuries, losses, and damages, if any, allegedly sustained by decedent were caused by decedents sole or contributory negligence.

FOURTH DEFENSE
The injuries, losses, and damages, if any, allegedly sustained by decedent were caused by the decedents assumption of the risk.

FIFTH DEFENSE
This action is barred by the applicable statute of limitations.

SIXTH DEFENSE
This action is barred by the doctrine of waiver.

SEVENTH DEFENSE
This action is barred by the doctrine of release.

EIGHTH DEFENSE
Defendants deny the nature, extent, and causal relationship of the damages claimed by Plaintiffs.

NINTH DEFENSE
Defendants did not have actual or constructive notice of any wrongdoing as alleged in the Complaint.

TENTH DEFENSE
To the extent Plaintiffs are entitled to any damages in this case, Defendants Mark Maradei, Joseph P. Tehaan, Kevin J. Tehaan, and BOE are entitled to the statutory limit on damages as set forth in Md. Code Ann., Cts. & Jud. Proc., 5-518(d) and Md. Code Ann., Educ., 4-105(d). WHEREFORE, having fully answered the Complaint, Defendants Mark Maradei, Joseph P. Tehaan, Kevin J. Tehaan, and BOE respectfully request that this Honorable Court dismiss the Complaint with prejudice and grant such further relief as this Court deems appropriate.

Respectfully submitted, MARC P. HANSEN COUNTY ATTORNEY

4 2 Patricia P. Via, Chief Litigation Division - Self- Insurance patricia.via@montgornerycountymd.gov (SIGNATURE by Christine M. Collins, Associate County Attorney, with permission/authorization)

dine _ M. Collins Associate County Attorney christine.collins@montgomerycountymd.gov

Attorneys for Defendants 101 Monroe Street, Third Floor Rockville, Maryland 20850 (240) 777-6700 (240) 777-6705 - Facsimile

DEMAND FOR JURY TRIAL

Defendants, Mark Maradei, Joseph P. Tehaan, Kevin J. Tehaan, and BOE, by and through heir attorneys, and pursuant to Rule 2-325 of the Maryland Rules, hereby demand that all issues cof fact in the above-captioned matter be tried by jury.

C istine M. Collins Associate County Attorney

CERTIFICATE OF SERVICE
I HE RE BY CERTIFY that, on this foregoing was mailed, first-class, postage prepaid, to: John F, X. Costello, Esquire COSTELLO & EDWARDS, LLC 5845 Allentown Road Camp Springs, Maryland 20746

day of

a copy of the

tl~ istine M. Collins

Associate County Attorney

CMC/vrp/gbtL 12-00226 Answer (BOE, J. Tehaan, K. Tehaan, Maradei)