Document 4MdZ7EegqMDKLyaZpQnoeVZR

IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO DALE J. RIGSBY, Plaintiff, -vsTHE BABCOCK & WILCOX COMPANY, et al., Defendants. ) CASE NO. CV 87 07 2396 ) ) JUDGE CARROLL ) ) ) ) ) ) ANSWER OF DEFENDANT THE ) BABCOCK & WILCOXCOMPANY ) TO PLAINTIFF*S COMPLAINT Comes now the Defendant, The Babcock & Wilcox Company, and for its Answer to Plaintiff's Complaint, avers and states as follows: 1. Defendant admits that the Plaintiff was an employee of The Babcock & Wilcox Company from October 30, 1961 through December 31, 1984. Defendant denies each and every other allegation contained in Paragraph 1 of Plaintiff's Complaint. 2. The allegations contained in Paragraph 2 of Plaintiff's Complaint are denied for want of knowledge. 3. The allegations contained in Paragraph 3 of Plaintiff's Complaint are denied. 4. The allegations contained in Paragraph 4 of Plaintiff's Complaint are denied for want of knowledge. 5. The allegations contained in Paragraph 5 of Plaintiff's Complaint are denied for want of knowledge. OTHER DEFENSES 6. The Plaintiff is not in compliance with the requirements as set forth in 2317.48 of the Ohio Revised Code which requires interrogatories relating to the subject matter of the discovery, as are necessary to procure the discovery sought. 7. When the Plaintiff complies with O.R.C.2317.48 and provides specific discovery requests, this Defendant will comply as required by statute and pursuant to the Civil Rules. WHEREFORE, Plaintiff, having fully answered, prays that this Court not allow the Plaintiff to obtain discovery from this Defendant O.R.C.2317.48. until such time that Plaintiff complies with ROETZEL & ANDRESS j yC4v__ - Cl 'fliTAyk___ - Lj _ riU~XJSi^_ El.iizza4beth A. Nocera l^ Ronald S. Kopp 75 East Market Street Akron, Ohio 44308 (216) 376-2700 ATTORNEYS FOR DEFENDANT THE BABCOCK & WILCOX COMPANY CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Answer of Defendant The Babcock & Wilcox Company to Plaintiff's Complaint has been forwarded via regular U.S. Mail, postage prepaid, to A. Russell Smith, 503 Society Bldg., Akron, Ohio 44308 and to Stephen J. Brown, 211 South Court St., Medina, Ohio' 44256, Attorneys for Plaintiff, on this 31st day of August, 1987. __ ,__ Elizabeth A. No ra 2- - 220 MARKET AVENUE. SOUTH SUITE 770 CANTON. OHIO 44702 (216) 455-2700 1127 EUCLID AVENUE SUITE 364 CLEVELAND, OHIO 44115 (216) 696-7716 TELE*: 296257 EXEC STE (216) 376-2700 CABLE: WATANO TELECOPIER: (216) 376 -4577 August 31, 1987 37 WEST BROAO STREET SUITE aoo COLUMBUS, OHIO 43215 (614) 463-9770 TELECOPIER: (614)463-9792 JA. Russell Smith, Esq. 503 Society Building Akron, Ohio 44308 Stephen J. Brown, Esq. 211 South Court St. Medina, Ohio 44256 Re: Dale J. Rigsby v. The Babcock & Wilcox Company Gentlemen: Enclosed please find copy of the Answer of Defendant The Babcock & Wilcox Company to Plaintiff's Complaint, which I have caused to be filed in reference to the above-captioned action. Sincerely, ROETZEL & ANDRESS EAN/slr 05125/103 Enclosure Betty Nocera