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Second affirmative defense 6 any damage plaintiff

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SECOND AFFIRMATIVE DEFENSE 6. Any damage plaintiff sustained was due to, or contributed to by, the acts of plaintiff, in that he assumed the risk in connection with the accident alleged to have given rise to the injuries by failure to wear a helmet to reduce injury to head while operating a motorcycle. COUNTER-CLAIM 7. Answering the allegations contained in the complaint by way of counterclaim, defendant alleges:
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8. On or about April 8, 2011 the truck of Defendant Anheuser-Busch was traveling southerly on a public highway in the City of Paxton, Illinois, on Interstate 57 was being operated with due care. 9. Plaintiff Justin King was on that date the owner and operator of a motorcycle, which was traveling in a southerly direction in traffic on Interstate 57, a public highway, and negligently collided with Defendant Anheuser-Busch’s truck. 10. As a result of the Plaintiff’s negligence, Defendant vehicle was damaged. 11. Defendant damages consist of: A. The destruction of its truck in the amount of $50,000. B. The loss of use of said vehicle and the earnings therefrom. C. The loss of cargo estimated at $5,000. PRAYER FOR RELIEF 12. Wherefore defendant prays: A. That the court enters judgment dismissing the complaint: B. That defendant has judgment against plaintiff Justin King in the amount of $55,000; C. That defendant be awarded costs incurred herein; D. Damages in the amount of $55,000; E. That defendant be awarded such other and further relief as the court deems just. Dated: John Smith IL Attorney License # 54321 Law Office of John Doe 234 Main Street Chicago, IL 60601 Attorney for Defendant
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