Legal Definitions - cumulative traverse

The term cumulative traverse refers to a formal legal response where a party in a lawsuit systematically denies multiple factual allegations made by the opposing side. Instead of simply denying a single point, a cumulative traverse involves presenting a series of distinct denials, each addressing a different claim, with the aim of challenging the overall factual basis or narrative presented by the opponent.

It's essentially a comprehensive rejection of several specific statements of fact that the other party asserts are true, all contained within the same legal document, such as an answer to a complaint.

• Example 1: Contract Breach Lawsuit

  Imagine a software development company sues a client, claiming:

  • The client signed a contract on January 1st.
  • The company delivered the software on time on June 1st.
  • The software met all specifications.
  • The client failed to make the final payment of $50,000.

  In response, the client files an answer containing a cumulative traverse. They would formally deny each of these points:

  • They deny signing the contract on January 1st, stating it was a draft.
  • They deny the software was delivered on June 1st, asserting it was incomplete.
  • They deny the software met all specifications, citing numerous bugs.
  • They deny failing to make payment, arguing no payment was due for incomplete software.

  This series of denials, each targeting a different factual claim by the software company, constitutes a cumulative traverse.

• Example 2: Personal Injury Claim

  Consider a scenario where a pedestrian sues a driver after a car accident, alleging:

  • The driver was speeding.
  • The driver ran a red light.
  • The driver's negligence directly caused the pedestrian's broken leg.

  The driver's legal team might file a response that includes a cumulative traverse. They would specifically deny:

  • That the driver was speeding.
  • That the driver ran a red light, asserting it was green.
  • That the driver's actions were negligent, suggesting the pedestrian darted into traffic.
  • That the driver's actions were the sole cause of the broken leg, perhaps suggesting a pre-existing condition or other contributing factors.

  By denying each of these separate factual assertions, the driver is performing a cumulative traverse to challenge the pedestrian's entire account of the accident.