IN THE SUPERIOR COURT OF THE
STATE OF RIDGEWAY
STEMPIEE,
Plaintiff,
v,
BRUNOMONTIEL1,
Defendant.
DEFENDANT’S ANSWSER,
AFFIRMATIVE DEFENSES, AND
COUNTERCLAIMS
Hon. Arthur_Chen
Docket Number: RSC-CV-2815
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. Paragraph 3 contains legal conclusions to which no response is required.
4. Paragraph 4 contains legal conclusions to which no response is required.
RESPONSES TO STATEMENT OF FACTS
5. Defendant partially admits that certain events described in the complaint occurred on or
about August 4, 2026, at approximately 21:38 UTC in the State of Ridegeway.
6. Defendant partially admits that certain events described in the complaint occurred near
the Maple Ridge Coffee store in the Frederick R. Poole Business District of Milton City.
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ANSWER TO COMPLAINT
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7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Defendant denies that the Plaintiff swung the axe specifically at the furniture.
13. Admitted.
14. Admitted.
15. Defendant lacks sufficient knowledge to either admit or deny.
16. Admitted.
17. Defendant lacks sufficient knowledge to either admit or deny.
18. Defendant lacks sufficient knowledge to either admit or deny.
19. Defendant lacks sufficient knowledge to either admit or deny.
20. Defendant lacks sufficient knowledge to either admit or deny.
21. Admitted.
22. Defendant lacks sufficient knowledge to either admit or deny.
AS TO COUNT 1 - ASSAULT (7 R. Stat. § 121.001)
23. 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.
24. Admitted.
25. Denied.
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ANSWER TO COMPLAINT
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26. Denied.
27. Denied.
AS TO COUNT 2 - NEGLIGENCE (7 R. Stat. § 121.301)
28. 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.
29. Admitted.
30. Denied.
31. Denied.
32. Denied.
33. Denied.
AS TO DAMAGES SOUGHT
34. Defendant denies that Plaintiff is entitled to $4,000.00 in punitive damages for assault.
35. Defendant denies that Plaintiff is entitled to compensatory damages for fear and
emotional distress.
36. Defendant denies that Plaintiff is entitled to $5,000.00 in punitive damages for
negligence.
37. Defendant denies that Plaintiff is entitled to costs or expenses.
38. Defendant denies that Plaintiff is entitled to any relief whatsoever.
AFFIRMATIVE DEFENSES
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ANSWER TO COMPLAINT
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39. 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
Lawful Self-Defense
40. 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
41. 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
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ANSWER TO COMPLAINT
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Consent, Legal Authority, And Justification
42. 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.
IV. FOURTH AFFIRMATIVE DEFENSE
Contributory Negligence
43. 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.
V. FIFTH AFFIRMATIVE DEFENSE
Superseding Cause
44. 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.
VI. SIXTH AFFIRMATIVE DEFENSE
Failure To Mitigate Damages
45. 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.
VII. SEVENTH AFFIRMATIVE DEFENSE
Lack of Causation
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ANSWER TO COMPLAINT
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46. Plaintiff cannot establish that any act or omission of Defendant was the direct and
proximate cause of the damages alleged in the Complaint.
COUNTERCLAIMS
47. For its Counterclaims, Defendant hereby alleges against Plaintiff as follows by restating
and reincorporating all above answers:
BACKGROUND
48. On or about August 4, 2026, Plaintiff and another were present outside of the Defendant’s
business.
49. At some point, Plaintiff began to damage and destroy furniture belonging to the
Defendant’s business by repeatedly striking it with a fire axe. See Amend. Compl ¶ 8.
50. Multiple items belonging to the Defendant’s business, including chairs and tables, were
destroyed by the Plaintiff’s actions.
51. When Defendant observed two individuals (the Plaintiff and accomplice), he began to
approach them. At some point, Defendant observed that Plaintiff had a fire axe in their
hand, and was destroying his property.
52. At some point, the Plaintiff began to immediately run towards Defendant with the fire
axe, and swung it while in close proximity to Defendant, at the same time, while facing
towards Defendant.
53. Fearing for his safety, Defendant fired a warning shot intentionally into the ground. At
the same time, Defendant attempted to deescalate the situation by moving away from the
Plaintiff.
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ANSWER TO COMPLAINT
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CAUSES OF ACTION
FIRST CAUSE OF ACTION
7 R. Stat. § 121.001
(Assault)
1. Defendant incorporates by reference the preceding paragraphs as if fully set forth herein.
2. Under 7 R. Stat. § 121.001, a person commits civil assault by intentionally and
voluntarily causing the reasonable apprehension of immediate harmful or offensive
contact.
3. Here, Plaintiff intentionally and voluntarily caused Defendant to experience a reasonable
apprehension of harmful contact by running towards them with a fire axe, and swinging it
at them in their direction from close distance.
4. In doing so, Defendant reasonably believed he would have been seriously injured by the
swinging of the fire axe, prompting him to engage in self-defense by using a firearm.
5. Any reasonable person under similar circumstances would have experienced the
apprehension of imminent harmful contact when a person swings a deadly weapon at
them.
54. Plaintiff’s actions constitute assault under 7 R. Stat. § 121.001, and accordingly,
Defendant is entitled to damages.
SECOND CAUSE OF ACTION
7 R. Stat. § 121.102
(Trespass to Chattels)
6. Defendant incorporates by reference the preceding paragraphs as if fully set forth herein.
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ANSWER TO COMPLAINT
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7. Under 7 R. Stat. § 121.102, a person commits trespass of chattels by unlawfully and
intentionally interfering with the possession or use of another individual’s personal
property commits a trespass to chattels.
8. Defendant purchased numerous quantities of chairs and tables with his own personal
money, and placed these items outside of his business.
9. By repeatedly striking the Defendant’s personal property, causing them to be destroyed,
Plaintiff did commit a trespass to chattels by interfering with the possession and use of
these tables and chairs.
10. Defendant, or others, were unable to use and enjoy these tables and chairs because the
Plaintiff had been using a deadly weapon to destroy them, thus, interfering with the use.
11. Plaintiff’s actions constitute a trespass to chattels, and accordingly, Defendant is entitled
to damages.
PRAYER FOR RELIEF
55. 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. An award of $4,000.00 in punitive damages for assault;
d. An award of $3,000.00 in punitive damages for trespass to chattels;
e. An award of compensatory damages to be calculated at trial; and,
f. Any such other and further relief as the Court may deem proper.
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ANSWER TO COMPLAINT
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Date: October 2, 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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