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Filing #60673379 E-Filed 08/21/2017 02:04:51 PM
IN THE CIRCUIT COURT OF THE 13™ JUDICIAL CIRCUIT,
IN AND FORHILLSBOROUGH COUNTY, FLORIDA
FERNANDA L. RAMIREZ,
CASE NO.: 17-CA-007337
Plaintiff,
Vv.
MARK BENNETT,
Defendant.
/
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW the Defendant, MARK BENNETT, by and through his undersigned counsel,
and for Answer to the Complaint hereinbefore filed, states the following:
1 That the Defendant denies the allegations of the Plaintiff's complaint, each and every
count thereof, separately and severely, except which is hereinafter admitted.
2 That the Defendant specifically denies allegations of negligence and the alleged
consequences thereof.
DEMAND FOR JURY TRIAL
Defendant hereby demands a trial by jury on all issues so triable.
FIRST AFFIRMATIVE DEFENSE
On the date of accident alleged in the Complaint, there was in full force and effect Section
627.736, 627.7372 and 768.76 Florida Statutes, allowing Defendant under the circumstances
specified in these statutes, to introduce evidence of payments to the Plaintiff or on their behalf from
certain collateral sources and mitigation of, reduction of or in set-off of damages claim by Plaintiffin
this action. To the extent that any collateral sources have been paid or are payable to the Plaintiff or
on his behalf, the Defendant has the right to introduce evidence of said payments and to rely on said
payments to reduce, mitigate or otherwise offset damages claimed by Plaintiff.
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SECOND AFFIRMATIVE DEFENSE
Defendant, MARK BENNETT, specifically denies that the Plaintiff is entitled to maintain
this action under Section 627.737, Florida Statutes, as the Plaintiff has failed to meet the requisite
threshold requirements and that Plaintiff did not sustain any of the following:
Significant and permanent loss of an important bodily function;
Permanent injury within a reasonable degree of medical probability;
Significant and permanent scarring or disfigurement; or Death.
THIRD AFFIRMATIVE DEFENSE
At all times the material hereto, there was available and remains available to the Plaintiff some
collateral source benefits from governmental and/or charitable organizations and to the extent that
such benefits are available, this Defendant is entitled to a set-off of damages claimed by the Plaintiff
and the amount of governmental or charitable benefits available to all persons.
FOURTH AFFIRMATIVE DEFENSE
Defendant affirmatively alleges that Plaintiff's damages were caused by the fault of other
persons, corporations or entities, named or unnamed as direct party defendants in this case, and as a
result, this Defendant should be liable, if at all, only for a proportionate share of liability pursuant to
Florida Statute Section 768.81 and Fabre v. Marin, 632 So. 2d 1182 (Fla. 1993).
FIFTH AFFIRMATIVE DEFENSE
Defendant affirmatively alleges that the Plaintiff failed to mitigate his/her damages by
availing him/herself to medical treatment where such medical treatment is reasonably expected to
diminish his/her disability, discomfort, and damage and Plaintiff failed to mitigate his/her damages
by failing to resume gainful employment at a time when Plaintiff was physically able to do so but did
not following the accident.
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SIXTH AFFIRMATIVE DEFENSE
At all times material hereto, the Plaintiff negligently failed to use a seatbelt that was available
and operational in the motor vehicle which he/she was driving/riding in and that such failure to use
the seatbelt was unreasonable under the circumstances existing at the time of the accident and such
negligence on the part of the Plaintiff in failing to activate his/her seatbelts was the sole legal cause
of the Plaintiff's injuries, if any; or in the alternative, produced or contributed substantially to
producing at least a portion of the Plaintiff's damages.
SEVENTH AFFIRMATIVE DEFENSE
At all times material hereto, the Plaintiff so negligently and carelessly operated the motor
vehicle in question causing it to collide with a motor vehicle allegedly owned and operated by
Defendant, and such negligence was the sole legal cause of the Plaintiffs’ injuries if any; or in the
alternative was a contributing factor to the accident and alleged injuries.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via
electronic mail to Brian M. Giddings, Esq., Giddings Law, P.A., 16765 Fishhawk Blvd., Lithia,
FL 33547 (bgiddings@giddingslawpa.com) on this_Q\S* day of Brac st 2017..
,
TTHEW C. SCARBOROUGH, ESQUIRE
Florida Bar Number: 0946206
Scarborough Attorneys at Law
Rivergate Tower Suite, 1300
400 North Ashley Drive
Tampa, FL 33602
(813) 253-0097
Fax (813) 253-0779
pleading@scarboroughattorneys.com
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Filing #60673379 E-Filed 08/21/2017 02:04:51 PM IN THE CIRCUIT COURT OF THE 13™ JUDICIAL CIRCUIT, IN AND FORHILLSBOROUGH COUNTY, FLORIDA FERNANDA L. RAMIREZ, CASE NO.: 17-CA-007337 Plaintiff, Vv. MARK BENNETT, Defendant. / ANSWER AND AFFIRMATIVE DEFENSES COMES NOW the Defendant, MARK BENNETT, by and through his undersigned counsel, and for Answer to the Complaint hereinbefore filed, states the following: 1 That the Defendant denies the allegations of the Plaintiff's complaint, each and every count thereof, separately and severely, except which is hereinafter admitted. 2 That the Defendant specifically denies allegations of negligence and the alleged consequences thereof. DEMAND FOR JURY TRIAL Defendant hereby demands a trial by jury on all issues so triable. FIRST AFFIRMATIVE DEFENSE On the date of accident alleged in the Complaint, there was in full force and effect Section 627.736, 627.7372 and 768.76 Florida Statutes, allowing Defendant under the circumstances specified in these statutes, to introduce evidence of payments to the Plaintiff or on their behalf from certain collateral sources and mitigation of, reduction of or in set-off of damages claim by Plaintiffin this action. To the extent that any collateral sources have been paid or are payable to the Plaintiff or on his behalf, the Defendant has the right to introduce evidence of said payments and to rely on said payments to reduce, mitigate or otherwise offset damages claimed by Plaintiff. -1- 8/21/2017 2:04 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1 SECOND AFFIRMATIVE DEFENSE Defendant, MARK BENNETT, specifically denies that the Plaintiff is entitled to maintain this action under Section 627.737, Florida Statutes, as the Plaintiff has failed to meet the requisite threshold requirements and that Plaintiff did not sustain any of the following: Significant and permanent loss of an important bodily function; Permanent injury within a reasonable degree of medical probability; Significant and permanent scarring or disfigurement; or Death. THIRD AFFIRMATIVE DEFENSE At all times the material hereto, there was available and remains available to the Plaintiff some collateral source benefits from governmental and/or charitable organizations and to the extent that such benefits are available, this Defendant is entitled to a set-off of damages claimed by the Plaintiff and the amount of governmental or charitable benefits available to all persons. FOURTH AFFIRMATIVE DEFENSE Defendant affirmatively alleges that Plaintiff's damages were caused by the fault of other persons, corporations or entities, named or unnamed as direct party defendants in this case, and as a result, this Defendant should be liable, if at all, only for a proportionate share of liability pursuant to Florida Statute Section 768.81 and Fabre v. Marin, 632 So. 2d 1182 (Fla. 1993). FIFTH AFFIRMATIVE DEFENSE Defendant affirmatively alleges that the Plaintiff failed to mitigate his/her damages by availing him/herself to medical treatment where such medical treatment is reasonably expected to diminish his/her disability, discomfort, and damage and Plaintiff failed to mitigate his/her damages by failing to resume gainful employment at a time when Plaintiff was physically able to do so but did not following the accident. -2- 8/21/2017 2:04 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2 SIXTH AFFIRMATIVE DEFENSE At all times material hereto, the Plaintiff negligently failed to use a seatbelt that was available and operational in the motor vehicle which he/she was driving/riding in and that such failure to use the seatbelt was unreasonable under the circumstances existing at the time of the accident and such negligence on the part of the Plaintiff in failing to activate his/her seatbelts was the sole legal cause of the Plaintiff's injuries, if any; or in the alternative, produced or contributed substantially to producing at least a portion of the Plaintiff's damages. SEVENTH AFFIRMATIVE DEFENSE At all times material hereto, the Plaintiff so negligently and carelessly operated the motor vehicle in question causing it to collide with a motor vehicle allegedly owned and operated by Defendant, and such negligence was the sole legal cause of the Plaintiffs’ injuries if any; or in the alternative was a contributing factor to the accident and alleged injuries. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via electronic mail to Brian M. Giddings, Esq., Giddings Law, P.A., 16765 Fishhawk Blvd., Lithia, FL 33547 (bgiddings@giddingslawpa.com) on this_Q\S* day of Brac st 2017.. , TTHEW C. SCARBOROUGH, ESQUIRE Florida Bar Number: 0946206 Scarborough Attorneys at Law Rivergate Tower Suite, 1300 400 North Ashley Drive Tampa, FL 33602 (813) 253-0097 Fax (813) 253-0779 pleading@scarboroughattorneys.com -3- 8/21/2017 2:04 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3