Kristen Saban Files Motion to Dismiss Lawsuit

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This morning Kristen Saban’s attorney filed a response to the lawsuit that OKTC brought you last night. 

You can read that initial complaint here.

This motion to dismiss was just filed by Kristen Saban’s lawyers minutes ago and we are featuring it in full below. 

 IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA

 
SARAH GRIMES,
 
Plaintiff,
 
VS.
 
KRISTEN SABAN,
 
Defendant.
 
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Case No.: CV-2012-900538
 
DEFENDANT’S MOTION TO DISMISS
 
COMES NOW the Defendant and pursuant to Rule 12(b)(6) of the Alabama Rules of
 
Civil Procedure respectfully moves this Honorable Court to dismiss all claims against this
 
Defendant. In support thereof Defendant offers the following:
 
1. The defendant pleads the general issue and says that she is not guilty of the matter alleged
 
in the Complaint.
 
2. This defendant pleads the general issue and says that the allegations of the Complaint are
 
not true.
 
3. The defendant pleads that the plaintiff was the first aggressor in this incident and
 
therefore she acted in self-defense.
 
4. The defendant pleads and affirmatively raises the Alabama Litigation Accountability Act,
 
Ala. Code § 12-19-270, et. seq., and hereby demands that the plaintiff’s claims be
 
dismissed within 90 days from the filing of the Complaint, or that defendant will seek
 
attorneys’ fees and costs from the plaintiff and plaintiff’s counsel.
 
5. As to the Complaint, the defendant denies each and every material allegation of the
 
plaintiff’s Complaint, demands strict proof thereof, and specifically denies that the
 
plaintiff is entitled to recover damages from this defendant.
 
6. The defendant avers that there is no causal relationship between any act of this defendant
 
and the injuries alleged in the Complaint.
 
7. The Complaint fails to state a claim for which relief can be granted.
 
8. The plaintiff was guilty of negligence which proximately caused or contributed to cause
 
the alleged injuries and damages.
 
9. The plaintiff assumed the risk of the alleged injuries and damages.
 
10. The defendant avers that all of the plaintiff’s medical expenses have been paid for by
 
plaintiff’s medical insurance carrier, or some other form of insurance, and plaintiff is not
 
entitled to recover.
 
11. The defendant avers that some other responsible entity and/or insurance company may
 
have provided benefits in the form of medical payments or other compensation to the
 
plaintiff.
 
12. The defendant pleads the applicable statute of limitations.
 
13. The defendant avers that plaintiff has failed to mitigate her damages.
 
14. The defendant pleads sudden emergency.
 
15. The plaintiff’s claims for punitive damages unconstitutionally violate the United States
 
Constitution and the Constitution of the State of Alabama.
 
16. The plaintiff’s demand for punitive damages violates the due process clause of the
 
Fourteenth Amendment of the United States Constitution in that the claim for punitive
 
damages is vague and not rationally related to any legitimate government interest.
 
17. The plaintiff’s demand for punitive damages violates the rights guaranteed by the United
 
States Constitution in that the claim for punitive damages is penal in nature for which the
 
burden of proof on the plaintiffs is less than the “beyond a reasonable doubt” standard
 
required in criminal cases.
 
18. The defendant denies each and every material allegation of plaintiff’s Complaint and
 
demands strict proof thereof.
 
19. The defendant did not breach any duty owed to the plaintiff.
 
20. The defendant avers that this Court lacks jurisdiction over the subject matter.
 
21. The defendant avers that this Court lacks jurisdiction over the person.
 
22. The defendant avers that the venue is improper.
 
23. The defendant avers insufficiency of process.
 
24. The defendant avers insufficiency of service of process.
 
25. The defendant avers that the plaintiff failed to join a necessary party under Rule 19.
 
WHEREFORE, THESE PREMISES CONSIDERED, Defendant prays for an order from
 
this Court dismissing the Complaint filed against her by the Plaintiff, and for other just relief as
 
this Honorable Court deems appropriate.

Written by Clay Travis

Clay Travis is the founder of the fastest growing national multimedia platform, OutKick, that produces and distributes engaging content across sports and pop culture to millions of fans across the country. OutKick was created by Travis in 2011 and sold to the Fox Corporation in 2021.

One of the most electrifying and outspoken personalities in the industry, Travis hosts OutKick The Show where he provides his unfiltered opinion on the most compelling headlines throughout sports, culture, and politics. He also makes regular appearances on FOX News Media as a contributor providing analysis on a variety of subjects ranging from sports news to the cultural landscape. Throughout the college football season, Travis is on Big Noon Kickoff for Fox Sports breaking down the game and the latest storylines.

Additionally, Travis serves as a co-host of The Clay Travis and Buck Sexton Show, a three-hour conservative radio talk program syndicated across Premiere Networks radio stations nationwide.

Previously, he launched OutKick The Coverage on Fox Sports Radio that included interviews and listener interactions and was on Fox Sports Bet for four years. Additionally, Travis started an iHeartRadio Original Podcast called Wins & Losses that featured in-depth conversations with the biggest names in sports.

Travis is a graduate of George Washington University as well as Vanderbilt Law School. Based in Nashville, he is the author of Dixieland Delight, On Rocky Top, and Republicans Buy Sneakers Too.