IN THE IOWA DISTRICT COURT OF POLK COUNTY
SHELBY BARNES CASE NO. _____________________
Plaintiff,
v. Answer of the Defendant
CDM RENTALS, LLC,, CDM RENTALS, LLC
Defendant.
CDM Rental’s Answer to Plaintiff Shelby Barnes petition for slip and fall on driveway.
I.Answer to Petition
1. Defendant admits Shelby Barnes and her husband, Cameron Barnes, leased a
condominium with CDM Rentals, LLC and admits this lease started on September 17,
2015.
2. Defendant admits that Unit 107 (Barnes) and Unit 106 (neighbor) share a driveway.
3. Defendant acknowledges the rain downspout falls onto the middle of the driveway.
However, the Defendant does not admit the location of the downspout contributed to
Plaintiff’s slip and fall.
4. Defendant acknowledges that rain and cold temperatures caused icy outdoor conditions
outdoors.
Defendant CDM Rentals. LLC does not admit fault for Shelby Barnes’ injuries
from slip and fall.
Affirmative Defense
The Plaintiff’s claim for damages for slip and fall is barred by assumption of risk.
1. Defendant CDM Rentals asserts that icy weather conditions present an obvious risk of
injury exempting CDM Rentals of liability for Shelby Barnes’ slip and fall.
2. Though Defendant acknowledges the location of the downspout (paragraph 3),
Defendant argues that the driveway would remain icy in weather conditions
acknowledged (paragraph 4) regardless of the location of the downspout.
SHELBY BARNES CASE NO. _____________________
Plaintiff,
v. Answer of the Defendant
CDM RENTALS, LLC,, CDM RENTALS, LLC
Defendant.
CDM Rental’s Answer to Plaintiff Shelby Barnes petition for slip and fall on driveway.
I.Answer to Petition
1. Defendant admits Shelby Barnes and her husband, Cameron Barnes, leased a
condominium with CDM Rentals, LLC and admits this lease started on September 17,
2015.
2. Defendant admits that Unit 107 (Barnes) and Unit 106 (neighbor) share a driveway.
3. Defendant acknowledges the rain downspout falls onto the middle of the driveway.
However, the Defendant does not admit the location of the downspout contributed to
Plaintiff’s slip and fall.
4. Defendant acknowledges that rain and cold temperatures caused icy outdoor conditions
outdoors.
Defendant CDM Rentals. LLC does not admit fault for Shelby Barnes’ injuries
from slip and fall.
Affirmative Defense
The Plaintiff’s claim for damages for slip and fall is barred by assumption of risk.
1. Defendant CDM Rentals asserts that icy weather conditions present an obvious risk of
injury exempting CDM Rentals of liability for Shelby Barnes’ slip and fall.
2. Though Defendant acknowledges the location of the downspout (paragraph 3),
Defendant argues that the driveway would remain icy in weather conditions
acknowledged (paragraph 4) regardless of the location of the downspout.
