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Docket NO: RSC-CV-2815
IN THE SUPERIOR COURT
OF THE STATE OF RIDGEWAY,
COUNTY OF RIDGEWAY
______________________
STEMPIEE,
Plaintiff,
v.
BRUNOMONTIEL1,
Defendant.
______________________
PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIMS
Plaintiff Stempiee, proceeding pro se, replies to the Counterclaims in Defendant's Answer
(BATES-20261003-9327729462) as follows. Paragraph references are to Defendant's own
numbering.
BACKGROUND
1. Paragraph 47: No response is required.
2. Paragraph 48: Admitted.
3. Paragraph 49: Admitted.
4. Paragraph 50: Admitted that Plaintiff destroyed some tables and chairs outside the
business and damaged others. Otherwise denied.
5. Paragraph 51: Admitted that Defendant approached Plaintiff. Denied that
iicxloudxy was an accomplice; she only watched. Plaintiff lacks knowledge of what Defendant
observed.
6. Paragraph 52: Admitted that Plaintiff, holding the axe, ran towards furniture that
Defendant was standing near, and swung at that furniture while he was a few steps away. Denied
that she ran at Defendant or swung at him. She turned the axe away to avoid hitting him.
Otherwise denied.
7. Paragraph 53: Admitted that Defendant fired a shot into the ground and moved
away. Plaintiff lacks knowledge of what Defendant feared. Otherwise denied.
FIRST COUNTERCLAIM (ASSAULT)
8. Paragraph 1: Plaintiff repeats her responses above.
9. Paragraph 2: This states a legal conclusion. No response is required.
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Docket NO: RSC-CV-2815
10. Paragraph 3: Denied.
11. Paragraph 4: Plaintiff lacks knowledge of what Defendant believed. Denied that
any such belief was reasonable, and denied that the shot was self-defense.
12. Paragraph 5: Denied.
13. Paragraph 54: Denied.
SECOND COUNTERCLAIM (TRESPASS TO CHATTELS)
14. Paragraph 6: Plaintiff repeats her responses above.
15. Paragraph 7: This states a legal conclusion. No response is required.
16. Paragraph 8: Plaintiff lacks knowledge of who bought the furniture or with what
money.
17. Paragraph 9: Admitted that Plaintiff struck tables and chairs, destroying some and
damaging others. The rest states a legal conclusion.
18. Paragraph 10: Plaintiff lacks knowledge.
19. Paragraph 11: Admitted that Plaintiff's conduct was a trespass to chattels under 7
R. Stat. § 121.102. Denied that Defendant is entitled to the amount he demands.
20. Paragraph 55: Denied, except as stated in Paragraph 19.
DEFENSES
21. No intent. Plaintiff did not intend to cause Defendant apprehension. She swung at
the furniture and turned the axe away from him.
22. Assumption of risk. Rid. R. Civ. P. 8(3)(1). Defendant ran up to Plaintiff while she
was using the axe on the furniture. After the second shot he ran towards her again and stepped in
front of her swings, and she moved back to avoid hitting him. This is shown on Defendant's
Exhibit A.
23. Compensatory damages. 7 R. Stat. § 121.001 provides for punitive damages only,
so the demand for compensatory damages fails to state a claim on the First Counterclaim. On the
Second Counterclaim, Plaintiff denies any amount of compensatory damages that Defendant
does not prove.
24. Statutory maximum. Rid. R. Civ. P. 8(3)(2)(9). Punitive damages cannot exceed
$4,000.00 under 7 R. Stat. § 121.001 or $3,000.00 under 7 R. Stat. § 121.102. Under § 121.102 a
person "may be liable" for punitive damages, so whether to award any is in the Court's
discretion.
DEMAND
WHEREFORE, Plaintiff asks that Defendant take nothing on his First Counterclaim, that any
award on his Second Counterclaim be limited to the compensatory damages he proves, with no
punitive damages, and for costs under 7 R. Stat. § 132.203.
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Docket NO: RSC-CV-2815
Dated: 10/03/2026 Respectfully submitted:
/s/ STEMPIEE
___________________________
Stempiee
Plaintiff pro se
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