State Ex Rel. Harvey v. Wells

PRICE, Judge.

In his answer to plaintiff Louisa Harvey’s personal injury lawsuit, defendant Jerry Baja included as an affirmative defense an allegation that plaintiffs’ injuries were “caused or contributed to ... by [Plaintiffs’] own negligence or fault.... ” The trial court refused to order Baja to make this allegation more definite by requiring him to assert the facts that support it. The alternative writ of mandamus is made peremptory.

I

Louisa Harvey sued Jerry Baja claiming that he was negligent in his maintenance of an apartment building, resulting in a fire and explosion causing Harvey…