Fact Pattern 3-1
Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
-Refer to Fact Pattern 3-1. Amanda does file a suit against Musclematic. But assume that she waits too long to file the claim. When Musclematic replies to Amanda's initial pleading, it should:
A) file a complaint
B) file a response
C) answer with an affirmative defense
D) file a motion for judgment
E) file a request for rehearing

Question

Quizplus · Accepted Answer

A motion for judgment on the pleadings can include affirmative defenses such as the statute of limitations, which in this case would argue that Amanda waited too long to file her claim.

Fact Pattern 3-1 Amanda Is a Twenty-Four Year Old Student. for Two Years