IN THE SUPERIOR COURT OF THE
STATE OF RIDGEWAY
STEMPIEE,
Plaintiff,
v,
BRUNOMONTIEL1,
Defendant.
DEFENDANT’S ANSWSER,
AFFIRMATIVE DEFENSES, AND
COUNTERCLAIMS
Hon. Mytrius
Docket Number: RSC-CV-7796
The Defendant, Mr. BrunoMontiel1, by and through his undersigned counsel, hereby
answers the Complaint as follows.
PARTIES
1. Defendant admits the allegations of Paragraph 1 of the Complaint.
2. Defendant admits the allegations of Paragraph 2 of the Complaint.
JURISDICTION AND VENUE
3. Defendant admits that the Superior Court for the State of Ridgeway possesses general
civil jurisdiction pursuant to Ridgeway Const. art. V, § IV, and that grounds for
jurisdiction have been pleaded as required by Rule 8(1)(1) of the Ridgeway Rules of
Civil Procedure. However, Defendant reserves the right to contest the legal sufficiency of
any particular claim to the extent it fails to properly state a cause of action upon which
relief can be granted.
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ANSWER TO COMPLAINT
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4. Defendant admits that the alleged events occurred in Ridgeway County and that venue is
proper in the Superior Court of the State of Ridgeway. Defendant denies, however, that
venue being proper in any way establishes the marit, validity, or legal sufficiency of the
claims asserted herein.
RESPONSES TO STATEMENT OF FACTS
5. Defendant admits that, upon information and belief, that on or about August 4, 2026, the
Plaintiff was present in the area of the Frederick R. Poole Business District in Milton
City.
6. Defendant admits that upon information and belief, that on or about August 4, 2026, the
Defendant was present in the area of Frederick R. Poole Business District in Milton City.
7. Defendant admits that he displayed and discharged a firearm, but specifically denies that
such conduct was unlawful or unjustified. Defendant affirmatively states that any force
employed was lawfully exercised in self-defense and in defense of his property after
Plaintiff armed herself with an axe, engaged in ongoing destruction of Defendant’s
business property, and advanced toward Defendant while swinging the axe.
8. Defendant admits discharging two rounds during the encounter but denies every
allegation that such conduct gives rise to civil liability. Defendant further states that each
discharge occurred only after Plaintiff had engaged in violent and destructive conduct and
under circumstances that reasonably caused Defendant to believe force was immediately
necessary to protect himself and his property.
9. Defendant expressly denies the allegations contained in Paragraph 8.
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ANSWER TO COMPLAINT
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10. Defendant denies that any apprehension allegedly experienced by Plaintiff resulted in
unlawful conduct by Defendant. Any apprehension experienced by Plaintiff resulted
directly from Plaintiff’s own unlawful actions and Defendant’s justified response thereto.
11. Defendant admits that no projectile struck Plaintiff.
12. Defendant denies that Plaintiff suffered damages as a result of any wrongful act
committed by Defendant and demands strict proof thereof.
AS TO COUNT 1 - ASSAULT (7 R. Stat. § 121.001)
13. Defendant restates and incorporates by reference all foregoing admissions, denials, and
averments as if fully set forth herein, pursuant to Rule 8 of the Ridgeway Rules of Civil
Procedure.
14. Defendant admits that Paragraph 14 accurately quotes 7 R. Stat. § 121.001.
15. Defendant denies that his conduct constituted civil assault and specifically denies that any
display or discharge of his firearm occurred without legal authority or justification.
16. Defendant denies.
17. Defendant denies that Defendant unlawfully caused Plaintiff reasonable apprehension of
immediate harmful or offensive contact. Defendant affirmatively states that Plaintiff
created the confrontation by arming herself with an axe, repeatedly destroying
Defendant’s business property, advancing toward Defendant, and swinging the axe at
Defendant.
18. Defendant denies that he committed the tort of assault.
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ANSWER TO COMPLAINT
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AS TO COUNT 2 - NEGLIGENCE (7 R. Stat. § 121.301)
19. Defendant restates and incorporates by reference all foregoing admissions, denials, and
averments as if fully set forth herein, pursuant to Rule 8 of the Ridgeway Rules of Civil
Procedure.
20. Defendant admits that Paragraph 20 accurately quotes 7 R. Stat. § 121.301.
21. Defendant denies that Defendant owed Plaintiff the alleged duty in the manner asserted.
To the extent of any reasonable care existed, Defendant denies breaching that duty.
Defendant’s conduct was undertaken in response to an immediate and unlawful threat
created by Plaintiff and was legally justified under 6 R. Stat. § 122.201; Rid. Const. Art. I
§§ 5 and 12.
22. Defendant denies that he breached any duty of care by discharging the firearm under the
circumstances presented. The evidence will establish that Plaintiff was actively wielding
an axe, repeatedly destroying Defendant’s property, and advancing toward Defendant
while swinging the axe. Defendant initially attempted to disengage from Plaintiff,
stepped backward when Plaintiff advanced, and discharged the first round only after
Plaintiff’s threatening conduct. Defendant subsequently holstered his firearm and stepped
away from Plaintiff. Plaintiff nevertheless continued destroying property. Defendant then
verbally confronted Plaintiff regarding her continued presence and destruction of his
property before a second discharge occurred. Defendant therefore denies that his conduct
constituted a breach of any duty owed to Plaintiff.
23. Defendant denies that it was reasonably foreseeable, in the circumstances as they actually
existed, that Defendant’s justified defensive conduct would result in actionable injury to
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ANSWER TO COMPLAINT
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Plaintiff. Defendant further denies that Plaintiff has established any injury caused by
Defendant’s conduct.
24. Defendant denies that Plaintiff suffered damages as a direct or proximate result of any
breach by Defendant. Defendant specifically denies that a generalized allegation of fear
or emotional distress, without competent proof of legally cognizable injury and causation,
establishes a claim under 7 R. Stat. § 121.301.
25. Defendant denies that he committed the tort of negligence or that Plaintiff is entitled to
any relief under 7 R. Stat. § 121.301.
AS TO DAMAGES SOUGHT
26. Defendant denies that Plaintiff is entitled to $4,000.00 in punitive damages for assault.
27. Defendant denies that Plaintiff is entitled to $5,000.00 in punitive damages for
negligence.
28. Defendant denies that Plaintiff is entitled to costs or expenses.
29. Defendant denies that Plaintiff is entitled to any relief whatsoever.
AFFIRMATIVE DEFENSES
30. Without conceding the burden of proof on any matter where such burden properly rests
with the Plaintiff, and reserving the right to amend, supplement, or withdraw any defense
as the evidence and applicable law may require, Defendant asserts the following
affirmative defenses pursuant to Rule 8(3) of the Ridgeway Rules of Civil Procedure.
I. FIRST AFFIRMATIVE DEFENSE
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ANSWER TO COMPLAINT
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Lawful Self-Defense
31. Defendant affirmatively pleads that self-defense under 6 R. Stat. § 122.201, Rid. Const.
Art. I § 5, and Rid. Const. Art. I § 12 as a complete defense to the Complaint. Defendant
denies that any conduct giving rise to this action was unlawful or actionable.
II. SECOND AFFIRMATIVE DEFENSE
Lawful Defense Of Property
6 R. Stat. § 122.204; Rid. Const. Art. I §§ 5 and 12
32. Defendant’s use of force is also legally justified under 6 R. Stat. § 122.204, which
provides that the use of force toward another person is justified when: (a) the actor would
be justified under 6 R. Stat. § 122.003, and 6 R. Stat. § 122.004 in using such force to
protect himself against the injury he believes to be threatened to the person whom he
seeks to protect; and (b) under the circumstances as the actor believes them to be, the
person whom he seeks to protect would be justified in using such protective force; and (c)
the actor believes that his intervention is necessary for the protection of such other
person. Here, all three
III. THIRD AFFIRMATIVE DEFENSE
Failure To State A Claim Upon Which Relief Can Be Granted
33. Plaintiff fails to state a claim upon which relief can be granted because the Complaint
does not sufficiently establish the elements of assault or negligence under 7 R. Stat. §§
121.001 and 121.301.
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ANSWER TO COMPLAINT
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IV. FOURTH AFFIRMATIVE DEFENSE
Consent, Legal Authority, And Justification
34. To the extent Plaintiff’s claims arise from Defendant’s display or discharge of a firearm,
Defendant’s conduct was legally authorized and justified under the circumstances
confronting him and therefore does not constitute actionable assault or other unlawful
conduct.
V. FIFTH AFFIRMATIVE DEFENSE
Contributory Negligence
35. Plaintiff’s own conduct substantially contributed to the circumstances giving rise to this
action and to any injury or damages she allegedly sustained. Any recovery must therefore
be barred or reduced to the extent permitted by State law. .
VI. SIXTH AFFIRMATIVE DEFENSE
Superseding Cause
36. Any injury or damages allegedly suffered by Plaintiff were caused, in whole or in
substantial part, by Plaintiff’s own intervening and superseding conduct and not by any
actionable conduct of Defendant.
VII. SEVENTH AFFIRMATIVE DEFENSE
Failure To Mitigate Damages
37. To the extent Plaintiff suffered any legally compensable injury, which Defendant
expressly denies, Plaintiff failed to take reasonable steps to mitigate the damages
allegedly resulting from the incident.
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ANSWER TO COMPLAINT
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VIII. EIGHTH AFFIRMATIVE DEFENSE
Lack of Causation
38. Plaintiff cannot establish that any act or omission of Defendant was the direct and
proximate cause of the damages alleged in the Complaint.
PRAYER FOR RELIEF
39. WHEREFORE, Defendant respectfully prays that this Honorable Court enter judgement
as follows:
a. Plaintiff takes nothing by its Complaint;
b. Defendant has judgement against Plaintiff; and,
c. For such other and further relief as the Court may deem proper.
Date: August 7, 2026
Respectfully submitted,
Detachment_Result
[Detachment_Result] State Bar No.
11103
Counsel for the Respondent
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ANSWER TO COMPLAINT
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