ANSWER TO COMPLAINT
Respondent： ××× People’s Hospital
Address： No 7, ××Road, ×× City
The following answer is hereby given to the claim of ××× for compensation by the ××× People’s Hospital for personal injuries：
1. The respondent does not have a direct contractual relationship with ×××. The respondent entered into an oral contract with ×× No 2 Construction and Installation Company on June 10, 1998, whereby ×× No 2 Construction and Installation Company shall be responsible for removing the high-voltage meter cabinet. ××× was engaged in removing the high-voltage meter cabinet as entrusted by ×× No 2 Construction and Installation Company and therefore has no direct contractual relationship with the respondent.
2．××的伤害赔偿应由××二建筑安装工程公司负责，其一，根据我国法律和有关司法解释规定，××第二建筑安装工程公司对其职工在履行合同的范围内所受到伤害应负责任，× ××的伤害并不是由于合同客体以外的事物造成的。其三，受××第二建筑安装工程公司委 托的×××在拆除高压电表柜的过程中，存在着严重违反操作程序的行为，未尽一个电工应尽的注意。
2. The liabilities for compensating ×× for the damage shall be born by ×× No 2 Construction and Installation Company for the following reasons. Firstly, pursuant to PRC laws and relevant judicial interpretations, ×× No 2 Construction and Installation Company shall be liable for any injuries suffered by its employees to the extent of the contract performance. The injuries of ××× was not caused by anything other than the object of the contract. Thirdly, ×××, who was entrusted by ×× No 2 Construction and Installation Company, seriously violated the operational procedure in removing the high-voltage meter cabinet and failed to pay due attention thereto.
3. The respondent shall not be liable for compensating the injuries of ×××. In accordance with the General Principles of the Civil Law, any person engaged in highly dangerous operation shall be liable for compensation in the event of any damages. In this case, however, the respondent entered into a contract with ×× No 2 Construction and Installation Company, whereby the source of high danger shifted to ×× No 2 Construction and Installation Company legitimately. ×× No 2 Construction and Installation Company became the subject of the dangerous operation, and therefore any damages caused in the contract performance by ×× No 2 Construction and Installation Company has no connection with the respondent.
By reason of the foregoing, ××× People’s Hospital is not legible for becoming the defendant. We hereby request the court to reject the plaintiff’s action according to law.
×× City Intermediate People’s Court
Respondent： ××× People’s Court
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT
INDEPENDENT TRUST CORP. Plaintiff, 原告 VS. LAURENCE W. CAPRIOTTI, et al., Defendants 被告
No. 00 CH08270 案件编号
ANSWER TO COMPLAINT 答辩状
NOW COMES the Defendant, ___, by and through his attorney, ___, and for his Answer to the Complaint of the Plaintiff, states as follows:
1. The Defendant invokes his Fifth Amendment privilege against self-incrimination as to each and every allegation contained in Paragraphs 1 through 75 inclusive.
2. As to Count I, the Defendant makes no answer, as the allegation in Court I are not directed towards Defendant.
3. As to Count II, the Defendant invokes his Fifth Amendment privilege against self-incrimination as to each and every allegation contained in Court II.
WHEREFORE, the Defendant prays that the Complaint of the Plaintiff be dismissed in its entirety and that no relief be afforded whatsoever thereunder.
Respectfully submitted, 此致
By ___ 原告签名
Attorney for Defendant ___原告律师签名