Beykpour

I. BACKGROUND

Lysenko rear ended Beykpour’s car on December 2, 2010. She died in August 2012, and Beykpour filed a verified amended complaint against Lysenko’s estate in December 2012. The Estate’s answer asserted a general denial and affirmative defenses. Beykpour moved to strike the answer, and the Estate amended its answer. The amended answer asserted a general denial, affirmative defenses, and responses to specific allegations of the amended complaint. The responses to the specific allegations admitted Lysenko’s fault in the accident, and that the collision caused personal injury and property damage.

1 Paragraph 8 of the amended complaint alleged: “Long before, immediately prior to, and at the time of the collision, plaintiff was healthy with no acute or chronic physical or nervous conditions resulting in pain and/or suffering.” Paragraph 12 alleged: “Plaintiff is informed and believes as a proximate result of this violent collision, plaintiff was injured in his health, strength, and activity, and sustained injury to his body and shock and injury to his nervous system and person, and sustained the following personal injuries, among others: spinal cord contusion and shearing…