Sonja ran her car over Hank in her company parking lot, breaking his leg. The accident occurred because Sonja's car brakes failed without warning. Hank sues Sonja. Sonja decides to do nothing because she sees no way that she can win the lawsuit since she did strike Hank. Is she right? Why or why not? What would you suggest that she do in the civil litigation? Why is it important that Sonja proceed correctly and in a timely manner at this point in the litigation?

Sonja is not correct in her thinking. She should file an answer for the lawsuit raising the brake failure as an affirmative defense. If she does not raise that affirmative defense in the answer, the judge may refuse to allow her to raise it later. Sonja should also answer the complaint so that a default judgment is not entered against her. A default judgment is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support a judgment.