Filed 25-CI-00149 06/09/2025 Mary J.

Orange, Logan Circuit Clerk

NOT ORIGINAL
DOCUMENT
06/17/2025 11:14:44
AM
COMMONWEALTH OF KENTUCKY
[email protected]
LOGAN CIRCUIT COURT
CIVIL ACTION NO. 25-CI-149
ELECTRONICALLY FILED

DILLON J. HEAD, et al. PLAINTIFFS

VS.

LOGAN ALUMINUM INC., et al. DEFENDANTS

DEFENDANT LOGAN ALUMINUM INC.’S ANSWER TO COMPLAINT

Defendant Logan Aluminum Inc. (“Logan”), by counsel, for its Answer to the Complaint

(“Complaint”) filed by Dillon J. Head, Chelsea Head, S.H. a minor by his parent and next friend,

Dillon J. Head, M.H. a minor by her parent and next friend, Dillon J. Head, Ila Jo Thomas, Vickie

Carol Thomas, Ruthel Thomas, Brandon Sitz, Melissa Ann Sitz, S.S. a minor by her parent and

next friend, Melissa Anne Sitz, Ricky Thomas, Roseann Thomas, Gregory Clinton Head, Pamela

Kaye Thomas Head, Alvin Michael Thomas, Vonda Thomas, Amanda Barnhart, and Matthew

Barnhart (“Plaintiffs”), states as follows:

PARTIES AND JURISDICTION

1. Logan is without sufficient knowledge or information to admit or deny the

allegations contained in Paragraph 1 of the Complaint and, therefore, denies same.

2. In response to the allegations contained in Paragraph 2 of the Complaint, Logan

admits it is a Delaware corporation with its current principal place of business in Russellville,

Logan County, Kentucky. Logan denies the remaining allegations contained in Paragraph 2 of the

Complaint.
ANS : 000001 of 000008

3. Logan is without sufficient knowledge or information to admit or deny the

allegations contained in Paragraph 3 of the Complaint and, therefore, denies same.

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

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AM 4. Logan is without sufficient knowledge or information to admit or deny the
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allegations contained in Paragraph 4 of the Complaint and, therefore, denies same.

5. Paragraph 5 of the Complaint states a legal conclusion to which no response is

required. To the extent a response is required, Logan denies same.

FACTUAL ALLEGATIONS

6. In response to Paragraph 6 of the Complaint, Logan admits it is jointly owned by

Novelis Corporation (“Novelis”) and Tri-Arrows Aluminum, Inc. (“Tri-Arrows”), each of which

owns 10% or more of Logan’s stock. Logan denies any remaining allegations contained in

Paragraph 6 of the Complaint.

7. Logan is without sufficient knowledge or information to admit or deny the

allegations contained in Paragraph 7 of the Complaint and, therefore, denies same.

8. Logan is without sufficient knowledge or information to admit or deny the

allegations contained in Paragraph 8 of the Complaint and, therefore, denies same.

9. Logan denies the allegations contained in Paragraph 9 of the Complaint.

10. Logan is without sufficient knowledge or information to admit or deny the

allegations contained in Paragraph 10 of the Complaint and, therefore, denies same.

11. Logan denies the allegations contained in Paragraph 11 of the Complaint.

12. Logan denies the allegations contained in Paragraph 12 of the Complaint.

13. In response to the allegations contained in Paragraph 13 of the Complaint, Logan

admits it has engaged in good faith discussions with some or all of Plaintiffs concerning the subject

matter of this lawsuit. Logan denies the remaining allegations contained in Paragraph 13 of the
ANS : 000002 of 000008

Complaint.

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

NOT ORIGINAL
DOCUMENT
06/17/2025 11:14:44
AM 14. Logan is without knowledge or information sufficient to admit the allegations
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contained in Paragraph 14 of the Complaint and, therefore, denies same.

15. Logan is without knowledge or information sufficient to admit the allegations

contained in Paragraph 15 of the Complaint and, therefore, denies same.

COUNT ONE – PERMANENT NUISANCE

16. In response to Paragraph 16 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

17. Logan denies the allegations contained in Paragraph 17 of the Complaint.

18. Logan denies the allegations contained in Paragraph 18 of the Complaint.

19. Logan denies the allegations contained in Paragraph 19 of the Complaint.

20. Logan denies the allegations contained in Paragraph 20 of the Complaint.

21. Logan denies the allegations contained in Paragraph 21 of the Complaint.

22. Logan denies the allegations contained in Paragraph 22 of the Complaint.

COUNT TWO – TEMPORARY NUISANCE

23. In response to Paragraph 23 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

24. Logan denies the allegations contained in Paragraph 24 of the Complaint.

25. Logan denies the allegations contained in Paragraph 25 of the Complaint.

26. Logan denies the allegations contained in Paragraph 26 of the Complaint.

27. Logan denies the allegations contained in Paragraph 27 of the Complaint.

28. Logan denies the allegations contained in Paragraph 28 of the Complaint.

ANS : 000003 of 000008

29. Logan denies the allegations contained in Paragraph 29 of the Complaint.

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

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AM COUNT THREE – NEGLIGENCE AND GROSS NEGLIGENCE
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30. In response to Paragraph 30 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

31. Logan denies the allegations contained in Paragraph 31 of the Complaint.

32. Paragraph 32 of the Complaint states a legal conclusion to which no response is

required. To the extent a response is required, Logan denies same.

33. Logan denies the allegations contained in Paragraph 33 of the Complaint.

34. Logan denies the allegations contained in Paragraph 34 of the Complaint.

35. Logan denies the allegations contained in Paragraph 35 of the Complaint.

COUNT FOUR – TRESPASS

36. In response to Paragraph 36 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

37. Logan denies the allegations contained in Paragraph 37 of the Complaint.

38. Logan denies the allegations contained in Paragraph 38 of the Complaint.

39. Logan denies the allegations contained in Paragraph 39 of the Complaint.

40. Logan denies the allegations contained in Paragraph 40 of the Complaint.

41. Logan denies the allegations contained in Paragraph 41 of the Complaint.

COUNT FIVE – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

42. In response to Paragraph 42 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

43. Paragraph 43 of the Complaint states a legal conclusion to which no response is

ANS : 000004 of 000008

required. To the extent a response is required, Logan denies same.

44. Logan denies the allegations contained in Paragraph 44 of the Complaint.

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

NOT ORIGINAL
DOCUMENT
06/17/2025 11:14:44
AM 45. Logan denies the allegations contained in Paragraph 45 of the Complaint.
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46. Logan denies the allegations contained in Paragraph 46 of the Complaint.

COUNT SIX – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

47. In response to Paragraph 47 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

48. Logan denies the allegations contained in Paragraph 48 of the Complaint.

49. Logan denies the allegations contained in Paragraph 49 of the Complaint.

50. Logan denies the allegations contained in Paragraph 50 of the Complaint.

51. Logan denies the allegations contained in Paragraph 51 of the Complaint.

52. Logan denies the allegations contained in Paragraph 52 of the Complaint.

COUNT SEVEN – RES IPSA LOQUITOR

53. In response to Paragraph 53 of the Complaint, Logan incorporates its responses as

set forth in the preceding paragraphs as if fully restated herein.

54. Logan denies the allegations contained in Paragraph 54 of the Complaint.

55. Logan denies the allegations contained in Paragraph 55 of the Complaint.

56. Logan denies the allegations contained in Paragraph 56 of the Complaint.

57. Logan denies the allegations contained in Paragraph 57 of the Complaint.

58. All allegations of the Complaint not specifically admitted herein are denied.

FIRST AFFIRMATIVE DEFENSE

The Complaint fails to state a claim against Logan upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

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The Complaint is barred, in whole or in part, as untimely pursuant to the applicable statute

of limitations and/or Plaintiffs’ laches.

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

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DOCUMENT
06/17/2025 11:14:44
AM THIRD AFFIRMATIVE DEFENSE
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Plaintiffs’ claims against Logan are barred, in whole or in part, on the grounds that Logan,

complied with all federal, state, and local requirements, statutes, ordinances and regulations.

FOURTH AFFIRMATIVE DEFENSE

Plaintiffs’ claims against Logan are barred, in whole or in part, to the extent the claimed

injuries and damages, if any, were caused by the action or inaction of a third party(ies) over whom

Logan exercised no control.

FIFTH AFFIRMATIVE DEFENSE

Plaintiffs’ claims against Logan are barred, in whole or in part, to the extent the claimed

injuries and damages were caused by Plaintiffs’ own actions.

SIXTH AFFIRMATIVE DEFENSE

The Complaint is barred, in whole or in part, by the failure of Plaintiffs to mitigate their

damages, if any.

SEVENTH AFFIRMATIVE DEFENSE

The Complaint is barred, in whole or in part, by the failure of Plaintiffs to join a necessary

or indispensable party.

WHEREFORE, Defendant Logan Aluminum Inc., having fully answered the Complaint,

respectfully demands relief as follows:

1. Dismissal of all claims asserted against Logan, with prejudice;

2. That Plaintiffs take nothing by way of the Complaint;

3. An award of Logan’s reasonable attorneys’ fees and costs; and

ANS : 000006 of 000008

4. Any and all other relief to which Logan may be entitled.

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

NOT ORIGINAL
DOCUMENT
06/17/2025 11:14:44
AM Respectfully submitted,
[email protected]
/s/ Steven B. Loy
Steven B. Loy, KBA No. 85350
Lilian W. Ball, KBA No. 99659
STOLL KEENON OGDEN PLLC
300 W Vine Street
Lexington, KY 40508
Telephone: (859) 231-3000
[email protected]
[email protected]

Kathryn S. Beck, KBA No. 96548

STOLL KEENON OGDEN PLLC
400 W. Market Street, Suite 2700
Louisville, KY 40202
Telephone: (502) 333-6000
Fax: (502) 333-6099
[email protected]
Counsel for Logan Aluminum Inc.

ANS : 000007 of 000008

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk
 Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk

NOT ORIGINAL
DOCUMENT
06/17/2025 11:14:44
AM CERTIFICATE OF SERVICE
[email protected]
I hereby certify that on June 9, 2025, the foregoing was filed electronically, and Notice of
this filing was sent to the following by operation of the Court’s electronic filing system or U.S.
Mail:

Brian R. Dettman
Katey Boden Ward
Dettman Law, PSC
2527 Nelson Miller Parkway, Suite 103
Louisville, KY 40223
[email protected]
[email protected]

/s/ Steven B. Loy

Counsel for Logan Aluminum Inc.
4917-0217-1462.4

ANS : 000008 of 000008

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Filed 25-CI-00149 06/09/2025 Mary J. Orange, Logan Circuit Clerk