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Filing # 104835067 E-Filed 03/13/2020 10:48:32 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE 19-80000
(Div. 26 Henning)
IN RE: MARJORY STONEMAN DOUGLAS CASES
/
PERTAINS TO: CACE 19-026074 // Henderson, Mollie
/
DEFENDANT, SCHOOL BOARD OF BROWARD COUNTY’S
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant, the SCHOOL BOARD OF BROWARD COUNTY, by and
through the undersigned counsel, and, in conjunction with the Partial Motion to Dismiss and
Motion to Strike, hereby files its Answer to the Amended Complaint (“Complaint”) previously
served upon it, and states:
1 This Defendant admits paragraphs 1 and 2 of the Complaint and Demand for Jury
Trial for jurisdictional purposes only.
2. This Defendant admits that J.H. was under the age of 18 as of February 14, 2018
and was a student at Marjory Stoneman Douglas on February 14, 2018, but is without knowledge
as to the remaining allegations of paragraph 3 and therefore denies the remaining allegations of
paragraph 3, and demands strict proof thereof.
3 This Defendant is without knowledge as to the allegations contained in
paragraphs 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31,
32, 33, 34, 35, 407, 409, 410, 411, 412, 414, and 415 of the Complaint, and accordingly denies
same and demands strict proof thereof.
4 With respect to paragraph 27, this Defendant admits that Cruz entered Building
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#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/13/2020 10:48:32 AM.**#*
12 and began shooting students and teachers, but is without knowledge as to the remaining
allegations of paragraph 27 and therefore denies the remaining allegations of paragraph 27, and
demands strict proof thereof.
5 This Defendant admits the allegations contained in paragraphs 28, 359, 397 and
398 of the Complaint.
6. Paragraphs 36 through 40 which comprise Count I of the Complaint are claims
against the Defendant, Nikolas Jacob Cruz, so this Defendant does not respond to those
allegations.
7 Paragraphs 41 through 45 which comprise Count II of the Complaint are claims
against the Defendant, Nikolas Jacob Cruz, so this Defendant does not respond to those
allegations.
8 Paragraphs 46 through 186 which comprise Count III of the Complaint are claims
against the Defendant, Scot Peterson, so this Defendant does not respond to those allegations.
9. Paragraphs 187 through 263 which comprise Count IV of the Complaint are
claims against the Defendant, Andrew Medina, so this Defendant does not respond to those
allegations.
10. Paragraphs 264 through 269 which comprise Count V of the Complaint are claims
against the Defendant, Drew Daddono, Esq. as the Personal Representative of the Estate of
Lynda Cruz, so this Defendant does not respond to those allegations.
11. Paragraphs 270 through 275 which comprise Count VI of the Complaint are
claims against the Defendant, James Snead, so this Defendant does not respond to those
allegations.
12. Paragraphs 276 through 281 which comprise Count VII of the Complaint are
claims against the Defendant, Kimberly Snead, so this Defendant does not respond to those
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allegations.
13. Paragraphs 282 through 357 which comprise Count VIII of the Complaint are
claims against the Defendant, Henderson Behavioral Health, Inc., which claims have already
been dismissed by this Court in consolidated cases, so this Defendant does not respond to those
allegations.
14. With respect to paragraph 358, this Defendant adopts and incorporates by
reference its responses to paragraphs 1 through 35 above.
15. With respect to paragraph 360, this Defendant admits that it is political
subdivision of the State of Florida, and is responsible for the operation and management of
Broward County Public Schools, but denies the remaining allegations of paragraph 369, and
demands strict proof thereof.
16. With respect to paragraph 361, this Defendant admits that at all times material
thereto, it owed a duty to its students, employees, licensees and invitees to exercise reasonable
and ordinary care, to maintain its premises in a reasonably safe condition, and to take such
actions as were reasonably necessary, however, the Defendant denies the remaining allegations
contained in paragraph 361 of the Complaint, and demands strict proof thereof.
17. The allegations contained in paragraphs 15 (a)-(l), 365, 366, 367, 368, 369, 370,
371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389,
390, 391, 392, 393, 394, 395, 396, 400, 401, 402, 403, 417(b), 417(e), 417(f), 417(g), 4170),
417(j), 417(kK), 417(m), 417(n), 417(0), 417(p), 417(q), 417(1), 417(aa), 418, 419, 420, 421, 422,
423 including all subparts (423(a) through 423(y)), 424, 425, 426, 427, 428, 429, 430, 431, 432,
433, 434, 435, 436, 437, 438, 439, 440, 441, and 442 including all subparts (442(a) through
442(z)) are all allegations that this Defendant has simultaneously moved to dismiss and/or to
strike; accordingly, this Defendant does not respond to those allegations.
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18. With respect to the allegations in paragraph 404, this Defendant admits that it had
a duty to provide security on school premises, but denies the remaining allegations contained in
paragraph 404 of Complaint, and demands strict proof thereof.
19. This Defendant admits that Cruz entered the campus through an open pedestrian
gate but otherwise denies the allegations contained in paragraph 405 of the Plaintiffs’ Complaint,
and demands strict proof thereof.
20. This Defendant admits that Security Monitor David Taylor saw Cruz enter the
doors of Building 12, but is without knowledge as to the remaining allegations contained in
paragraph 406 of the Plaintiffs’ Complaint, and demands strict proof thereof.
21. This Defendant admits that prior to and on February 14, 2018, the bathrooms on
the first and third floor of Building 12 were locked, and that the school administration made the
decision to lock the bathrooms to combat a vaping problem. However, this Defendant is without
knowledge as to the remaining allegations contained in Paragraph 408 of the Plaintiffs’
Complaint, and demands strict proof thereof.
22. This Defendant admits paragraph 413, but adds, for further clarification, that there
was ongoing Code Red training and a planned drill at Marjory Stoneman Douglas High School
in the 2017-2018 school year.
23. Paragraphs 445 through 463 which comprise Count X of the Complaint are claims
against the Defendant, Broward County Sheriffs Office, so this Defendant does not respond to
those allegations.
24. With respect to paragraphs 464, this Defendant denies the allegations, denies that
Plaintiffs are entitled to punitive damages, and denies that Plaintiffs are entitled to any relief and
demands strict proof thereof.
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25. This Defendant denies each and every other allegation contained in this
Complaint that is otherwise not specifically admitted herein, and demands strict proof thereof.
AFFIRMATIVE AND OTHER DEFENSES
1 This Defendant states that it is entitled to all of the provisions, immunities and
limitations afforded to it as a sovereign governmental agency, as specifically found in section
768.28 of the Florida Statutes, including but not limited to:
a. the dismissal of the Plaintiffs’ claim based on their failure/refusal to properly and
timely place this Defendant on notice of their intent to sue;
the application of the statutory cap on damages;
immunity for planning-level or discretionary decisions;
the absence of any liability for this Defendant for the actions or omissions of
agents or employees which were taken outside the course and scope of their
employment, or committed in bad faith or with malicious purpose or in a manner
exhibiting wanton and willful disregard of human rights, safety or property; and
the absence of any liability for this Defendant for punitive damages or
prejudgment interest.
2. This Defendant states that the injuries or damages at issue in this case were not
caused by this Defendant or its agents or employees, but were caused by the negligent or
intentional actions of others for whom this Defendant cannot be held liable.
3 This Defendant states that the injuries or damages at issue in this case were
caused by the intervening and unforeseeable acts of others for whom this Defendant cannot be
held liable.
4 This Defendant states that the injuries or damages at issue in this case were
caused by the acts of Nikolas Cruz, which constituted the sole proximate cause of those injuries.
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Nikolas Cruz was not a student at Marjory Stoneman Douglas High School on the date of the
incident and had not been for approximately one year, and this Defendant did not have a duty to
predict his future conduct.
5 This Defendant states that any claims for negligent hiring are subject to the
presumption in favor of this Defendant set forth in section 768.096 of the Florida Statutes.
6. This Defendant states that any claims for negligent hiring or retention are barred
to the extent that they are based on actions taken during the employee’s course and scope of
employment.
7 This Defendant states that it is entitled to a setoff for any and all collateral sources
paid or due to be paid to or on behalf of the Plaintiffs from any source considered by law to be a
collateral source pursuant to section 768.76 of the Florida Statutes.
8 This Defendant states that the Plaintiffs’ recovery for damages is limited to that
which has been paid by a health insurance carrier or incurred by the Plaintiffs, not any amounts
which have been billed, negotiated, or otherwise written off pursuant to any written or oral
agreement or arrangement.
9. The Plaintiffs’ allege that the injuries complained of were caused and/or
contributed to by other Parties to this case; should those Parties settle, resolve or otherwise be
dismissed from this case, this Defendant reserves the right to add them as non-party/Fabre
Defendants.
10. This Defendant further reserves the right to amend its complaint to assert that the
injuries complained of were caused and/or contributed to by other non-parties, and that they
should be added as non-party/Fabre Defendants, as permitted by section 768.81 of the Florida
Statutes and Nash v. Wells Fargo Guard Services, Inc., 678 So. 2d 1262 (Fla. 1996).
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11. This Defendant is entitled to a setoff for any settlements or payments made by
other parties or non-parties.
12. This Defendant states that it is entitled to the rights, privileges and immunities
enjoyed by tortfeasors under the modification of joint and several liability statutes, as well as all
apportionment and periodic payment of judgment statutes set forth in Chapter 768 of the Florida
Statutes.
13. This Defendant states that the Plaintiffs’ claims for emotional damages may be
barred by Florida’s impact rule.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served
via electronic mail this 13 day of March, 2020 upon all counsel or parties of record on
the Service List below.
HALICZER PETTIS & SCHWAMM_ = GRAYROBINSON, P.A.
Co-Counsel for Defendant, Co-Counsel for Defendant,
School Board of Broward County School Board of Broward County
100 S.E. 3"! Avenue, 7" Floor 333 S.E. 2™ Avenue, Suite 3200
Fort Lauderdale, Florida Miami, Florida 33131
Telephone: (954) 523-9922 Telephone: (305) 416-6880
Facsimile: (954) 522-2512 Facsimile: (305) 416-6887
By: /s/ Eugene Pettis By: /s/ Anastasia Protopapadakis
Eugene Pettis, FBN 508454 Anastasia Protopapadakis, FBN 51426
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MAILING LIST [MSD LITIGATION]
Counsel for School Board of Broward County Counsel for Broward Sheriff’s Office
Eugene K. Pettis, Esq. David L. Ferguson, Esq.
Haliczer Pettis & Schwamm, PA Seth D. Haimovitch, Esq.
One Financial Plaza, Seventh Floor Kopelowitz, Ostrow
100 SE 3" Avenue Ferguson Weiselberg Gilbert
Fort Lauderdale, FL 33394 One W. Las Olas Blvd. - #500
954-523-9922 Ft. Lauderdale, FL 33301
service@hpslegal.com; 954-525-4100
Haimovitch@kolawyers.com;
Ferguson@kolawyers.com;
nunez@kolawyers.com
Counsel for Andrew Medina & David Taylor Counsel for Scot Peterson
David S. Henry, Esq. Michael Piper, Esq
Jordan M. Greenberg, Esq. Christopher J. Stearns, Esq.
Kelley Kronenberg Johnson, Anselmo, et al.
8201 Peters Road - #4000 2455 East Sunrise Blvd. - #1000
Plantation, FL 33324 Ft. Lauderdale, FL 33304
954-370-9970 954-463-0100
jgreenberg@kelleykronenberg.com; Stearns@jambg.com;
dhenry@kelleykronenberg.com; cintron@jambg.com;
yspencer(@kelleykronenberg.com; blouin@jambg.com;
piper@jambg.com;
yemexant(@jambg.com;
Counsel Nikolas Cruz Counsel for Henderson and Florida
Insurance Trust
David A Frankel, Esq.
Law Offices of David A. Frankel, P.A. Joshua B. Walker, Esq.
4601 Sheridan St., Ste. 213 Walker, Revels, Greninger & Netcher,
Hollywood, FL 33021 PLLC
954-6830300 189 S. Orange Ave,, Suite 1830
david@pbluelotuslaw.com; Orlando, FL 32801
407-789-1830
Melisa Alice McNeill jwalker@wrgn-law.com;
Broward Public Defenders Office dvelleu@wrgn-law.com:
201 SE 6th St., Ste. 3872 kperez@wrgn-law.com
Fort Lauderdale, FL 33301
mmeneill@browarddefender.org;
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MAILING LIST [MSD LITIGATION]
Co-Counsel for SBBC- A.P. Co-Counsel for SBBC -Ashley Baez
CACE 19-001507 CACE 19-007722
Co-Counsel for SBBC- E.H. Co-Counsel for SBBC -Isabel Chequer
CACE 19-026407 CACE 19-007725
Co-Counsel for SBBC- HK. Co-Counsel for SBBC -Stacey Lippel
CACE 19-024120 CACE 19-007784
Co-Counsel for SBBC- J.H.
CACE 19-026074 Paula Kessler, Esq.
Co-Counsel for SBBC- M.W. Catri, Holton, Kessler, & Kessler, P.A
CACE 19-007272 633 S Andrews Ave
Fort Lauderdale, FL 33301
Anastasia Protopapadakis, Esq. 954-463-8593
GrayRobinson, PA pleadingspck@chkklaw.com;
333 S.E. 2" Avenue - #3200 pleadingsevk@chkklaw.com;
Miami, FL 33131 pleadings@chkklaw.com;
305-416-6880
Anastasia. Protopapadakis@Gray-Robinson.com.
Danieska.Cuarezma@Gray-Robinson.com;
Lourdes.Federici@Gray-Robinson.com;
Co-Counsel for SBBC Anthony Borges Co-Counsel for SBBC- Kyle Laman
CACE 18-008568 CACE 19-007924
Co-Counsel for SBBC Samantha Fuentes Co-Counsel for SBBC- Williams Olson
CACE 19-007920 CACE 19-007696
Co-Counsel for SBBC Samantha Grady Co-Counsel for SBBC- Elizabeth Stout
CACE 19-008062 CACE 19-024068
Co-Counsel for SBBC Samantha Mayor Co-Counsel for SBBC- Ben Wikander
CACE 19-008071 CACE 19-007732
Co-Counsel for SBBC- Madeline
Tom Paradise, Esq. “Maddy” Wilford
Vernis & Bowling of Broward, P.A. CACE 19-026088
5821 Hollywood Blvd.
Hollywood, FL 33021 Jeffrey Mowers, Esq.
954-927-5330 Lewis Brisbois Bisgaard & Smith LLP
tparadise@florida-law.com; 110 SE 6th St., Ste. 2600
garwood@florida-law.com; Fort Lauderdale, FL 33301
954-728-1280
Jeffrey.mowers@lewisbrisbois.com;
ellise.silverberg@lewisbrisbois.com;
Filemaildesig@lewisbrisbois.com
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MAILING LIST [MSD LITIGATION]
Counsel for the Sneads Counsel for Estate of Lynda Cruz
James S. Lewis, Esq. Drew Daddono, Esq.
200 SE 6" Street, Suite 301 Appointed Rep. for the Estate
Fort Lauderdale, FL 33301 1227 N. Franklin St.
954-523-7949 Tampa, FL 33602
JimLewisForF lorida@ Yahoo.com drew@anchortrustmanagement.com
Counsel for A.P. Counsel for Estate of Alyssa Alhadeff
CACE 19-001507 CACE 19-008077
Counsel for M.W. Counsel for Samantha Fuentes
CACE 19-007272 CACE 19-007920
Counsel for Hayden Korr Counsel for Samantha Grady
CACE 19-024120 CACE 19-008062
Counsel for Dominic Timpone Counsel for Kyle Laman
CACE 19-024043 CACE 19-007924
Counsel for Elizabeth Stout Counsel for Samantha Mayor
CACE 19-024068 CACE 19-008071
Counsel for Felicia Burgin
CACE 19-024161 Robert W. Kelley, Esq.
Kimberly L. Wald, Esq.
Kelley Uustal
Jay Cohen, Esq. 500 N. Federal Highway — Suite 200
Cohen, Blostein & Ayala, P.A Ft. Lauderdale, FL 33301
One Financial Plaza — Suite 1100 954-522-6601
100 S.E. Third Avenue rwk@kulaw.com;
Ft. Lauderdale, FL 33394 kiw@kulaw.com;
954-449-8700 marissa@kulaw.com;
kpinedo@jaycohenlaw.com;
sleminew Djavcohenlaw.com;
pleadings@javcohenlaw.com;
Counsel for Estate of Scott Beigel Counsel for Estate of Jaime Guttenberg
CACE 19-007939 CACE 19-007720
Counsel for Estate of Joaquin Oliver
CACE 19-007802 Dayron Silverio, Esq.
Counsel for Stacey Lippel Steven Marks, Esq.
CACE 19-007784 Kristina Infante, Esq.
Podhurst Orseck, P.A.
Michael Haggard, Esq. Sun Trust Int’l Center
Christopher Marlowe One S.E. Third Ave - #2300
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MAILING LIST [MSD LITIGATION]
The Haggard Law Firm Miami, FL 33131
330 Alhambra Circle — 1* Floor 305-358-2800
Coral Gables, FL 33134 smarks(@podhurst.com;
305-446-5700 dsilverio@podhurst.com;
cln@haggardlawfirm.com; kinfante@podhurst.com;
mah@haggardlawfirm.com; jpupo@podhurst.com;
tim@haggardlawfirm.com; laja@podhurst.com;
nlopez@haggardlawfirm.com;
Counsel for Estate of Meadow Pollack Counsel for Estate of Helena Ramsay
CACE 18-009607 CACE 19-007727
Counsel for Estate of Luke Hoyer
CACE 19-019402 Craig Goldenfarb, Esq.
Counsel for Estate of Alaina Petty Spencer Kuvin, Esq.
CACE 19-023307 Law Offices of Craig Goldenfarb, P.A.
Counsel for Madeline “Maddy” Wilford 1800 South Australian Avenue, 4" Floor
CACE 19-026088 West Palm Beach, FL 33409
561-697-4440
Attorney for Andrew Pollack service@800goldlaw.com;
David W. Brill, Esq. skuvin@800goldlaw.com;
Joseph J. Rinaldi, Jr., Esq. /weir@800goldlaw.com;
Michelle Y. Gurian, Esq.
Brill & Rinaldi, The Law Firm
17150 Royal Palm Blvd. - #2
Weston, FL 33326
954-876-4344
david@pbrillrinaldi.com
joe@brillrinaldi.com
ross(@brillrinaldi.com
angely@brillrinaldi.com
alendar@brillrinaldi.com
Attorney for Shara Kaplan
Tracy Considine, Esq.
Tracy Considine,P.A.
Sleiman Pkwy., Ste 210
Jacksonville, FL 32216
904-636-9777
tconsidine@Icjaxlaw.com;
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MAILING LIST [MSD LITIGATION]
Counsel for Ashley Baez Counsel for Anthony Borges
CACE 19-007722 CACE 18-008568
Counsel for Isabel Chequer
CACE 19-007725 Alex Arreaza, Esq.
Counsel for Estate of Gina Montalto Arreaza Law Firm, LLC
CACE 19-007737 320 W. Oakland Park Blvd.
Counsel for Estate of Peter Wang Ft. Lauderdale, FL 33311
CACE 19-007733 954-765-7743
alex@alexmylawyer.com;
Stuart Z. Grossman, Esq
Grossman, Roth, Yaffa Cohen Joel S. Perwin, Esq.
2525 Ponce de Leon Blvd. - #1150 169 E. Flagler Street - #1523
Coral Gables, FL 33134 Miami, FL 33131
305-442-8666 305-779-6090
ag(@grossmanroth.com; jperwin@perwinlaw.com;
shigelow@perwinlaw.com
Counsel for Estate of Carmen Schentrup Counsel for Estate of Nicholas Dworet
CACE 19-007736 and Alexander Dworet
CACE 19-007699
Robert Stein, Esq.
Jeffrey Tew, Esq. Alan Goldfarb, Esq.
Rennert Vogel Mandler & Rodriguez Law Offices Of Alan Goldfarb
Miami Tower 100 Southeast 2" Street — 45" Floor
100 S.E. Second Street - #2900 Miami, FL 33131
Miami, FL 33131 305-371-3111
305-577-4177 goldfarb@goldfarbpa.com;
305-533-8519
‘stein@rvmrlaw.com; Michael Goldfarb, Esq.
jtew@rvmrlaw.com; Goldfarb Law, P.A,
jalvarez@rvmrlaw.com 2800 Ponce de Leon Blvd. - #1100
Coral Gables, FL 33134
305-433-3200
michael@goldfarblaw.com
Counsel for Benjamin Wikander Counsel for William Olson
CACE 19-007732 CACE 19-007696
Counsel for Estate of Alex Schachter
CACE 19-007723 John Elliot Leighton, Esq.
Curtis Miner, Esq. Max Panoff, Esq.
Patrick Montoya, Esq. Leighton Law, P.A.
Julia Braman Kane, Esq. 1401 Brickell Avenue - #900
Colson Hicks Eidson Miami, FL 33131
255 Alhambra Circle, Penthouse 305-347-3151
Coral Gables, FL 33134 John@leightonlaw.com;
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MAILING LIST [MSD LITIGATION]
305-476-7400 Max@leightonlaw.com;
urt@colson.com; Carmen@leightonlaw.com;
Patrick@colson.com; leomarys@leightonlaw.com;
Julie@colson.com;
Counsel For Daniela Menescal
CACE 19-012884
Patrick W. Lawlor, Esq.
Nicholas A. Marzuk, Esq.
Lawlor & Associates
One Royal Palm Place
1877 S. Federal Highway - #302
Boca Raton, FL 33432
561-372-3500
Pat@pwlawlor.com;
Tammy@pwlawlor.com
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Preview
Filing # 104835067 E-Filed 03/13/2020 10:48:32 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE 19-80000 (Div. 26 Henning) IN RE: MARJORY STONEMAN DOUGLAS CASES / PERTAINS TO: CACE 19-026074 // Henderson, Mollie / DEFENDANT, SCHOOL BOARD OF BROWARD COUNTY’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW Defendant, the SCHOOL BOARD OF BROWARD COUNTY, by and through the undersigned counsel, and, in conjunction with the Partial Motion to Dismiss and Motion to Strike, hereby files its Answer to the Amended Complaint (“Complaint”) previously served upon it, and states: 1 This Defendant admits paragraphs 1 and 2 of the Complaint and Demand for Jury Trial for jurisdictional purposes only. 2. This Defendant admits that J.H. was under the age of 18 as of February 14, 2018 and was a student at Marjory Stoneman Douglas on February 14, 2018, but is without knowledge as to the remaining allegations of paragraph 3 and therefore denies the remaining allegations of paragraph 3, and demands strict proof thereof. 3 This Defendant is without knowledge as to the allegations contained in paragraphs 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 407, 409, 410, 411, 412, 414, and 415 of the Complaint, and accordingly denies same and demands strict proof thereof. 4 With respect to paragraph 27, this Defendant admits that Cruz entered Building 1 #39654035 v1 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/13/2020 10:48:32 AM.**#* 12 and began shooting students and teachers, but is without knowledge as to the remaining allegations of paragraph 27 and therefore denies the remaining allegations of paragraph 27, and demands strict proof thereof. 5 This Defendant admits the allegations contained in paragraphs 28, 359, 397 and 398 of the Complaint. 6. Paragraphs 36 through 40 which comprise Count I of the Complaint are claims against the Defendant, Nikolas Jacob Cruz, so this Defendant does not respond to those allegations. 7 Paragraphs 41 through 45 which comprise Count II of the Complaint are claims against the Defendant, Nikolas Jacob Cruz, so this Defendant does not respond to those allegations. 8 Paragraphs 46 through 186 which comprise Count III of the Complaint are claims against the Defendant, Scot Peterson, so this Defendant does not respond to those allegations. 9. Paragraphs 187 through 263 which comprise Count IV of the Complaint are claims against the Defendant, Andrew Medina, so this Defendant does not respond to those allegations. 10. Paragraphs 264 through 269 which comprise Count V of the Complaint are claims against the Defendant, Drew Daddono, Esq. as the Personal Representative of the Estate of Lynda Cruz, so this Defendant does not respond to those allegations. 11. Paragraphs 270 through 275 which comprise Count VI of the Complaint are claims against the Defendant, James Snead, so this Defendant does not respond to those allegations. 12. Paragraphs 276 through 281 which comprise Count VII of the Complaint are claims against the Defendant, Kimberly Snead, so this Defendant does not respond to those 2 #39654035 v1 allegations. 13. Paragraphs 282 through 357 which comprise Count VIII of the Complaint are claims against the Defendant, Henderson Behavioral Health, Inc., which claims have already been dismissed by this Court in consolidated cases, so this Defendant does not respond to those allegations. 14. With respect to paragraph 358, this Defendant adopts and incorporates by reference its responses to paragraphs 1 through 35 above. 15. With respect to paragraph 360, this Defendant admits that it is political subdivision of the State of Florida, and is responsible for the operation and management of Broward County Public Schools, but denies the remaining allegations of paragraph 369, and demands strict proof thereof. 16. With respect to paragraph 361, this Defendant admits that at all times material thereto, it owed a duty to its students, employees, licensees and invitees to exercise reasonable and ordinary care, to maintain its premises in a reasonably safe condition, and to take such actions as were reasonably necessary, however, the Defendant denies the remaining allegations contained in paragraph 361 of the Complaint, and demands strict proof thereof. 17. The allegations contained in paragraphs 15 (a)-(l), 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 400, 401, 402, 403, 417(b), 417(e), 417(f), 417(g), 4170), 417(j), 417(kK), 417(m), 417(n), 417(0), 417(p), 417(q), 417(1), 417(aa), 418, 419, 420, 421, 422, 423 including all subparts (423(a) through 423(y)), 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, and 442 including all subparts (442(a) through 442(z)) are all allegations that this Defendant has simultaneously moved to dismiss and/or to strike; accordingly, this Defendant does not respond to those allegations. #39654035 v1 18. With respect to the allegations in paragraph 404, this Defendant admits that it had a duty to provide security on school premises, but denies the remaining allegations contained in paragraph 404 of Complaint, and demands strict proof thereof. 19. This Defendant admits that Cruz entered the campus through an open pedestrian gate but otherwise denies the allegations contained in paragraph 405 of the Plaintiffs’ Complaint, and demands strict proof thereof. 20. This Defendant admits that Security Monitor David Taylor saw Cruz enter the doors of Building 12, but is without knowledge as to the remaining allegations contained in paragraph 406 of the Plaintiffs’ Complaint, and demands strict proof thereof. 21. This Defendant admits that prior to and on February 14, 2018, the bathrooms on the first and third floor of Building 12 were locked, and that the school administration made the decision to lock the bathrooms to combat a vaping problem. However, this Defendant is without knowledge as to the remaining allegations contained in Paragraph 408 of the Plaintiffs’ Complaint, and demands strict proof thereof. 22. This Defendant admits paragraph 413, but adds, for further clarification, that there was ongoing Code Red training and a planned drill at Marjory Stoneman Douglas High School in the 2017-2018 school year. 23. Paragraphs 445 through 463 which comprise Count X of the Complaint are claims against the Defendant, Broward County Sheriffs Office, so this Defendant does not respond to those allegations. 24. With respect to paragraphs 464, this Defendant denies the allegations, denies that Plaintiffs are entitled to punitive damages, and denies that Plaintiffs are entitled to any relief and demands strict proof thereof. #39654035 v1 25. This Defendant denies each and every other allegation contained in this Complaint that is otherwise not specifically admitted herein, and demands strict proof thereof. AFFIRMATIVE AND OTHER DEFENSES 1 This Defendant states that it is entitled to all of the provisions, immunities and limitations afforded to it as a sovereign governmental agency, as specifically found in section 768.28 of the Florida Statutes, including but not limited to: a. the dismissal of the Plaintiffs’ claim based on their failure/refusal to properly and timely place this Defendant on notice of their intent to sue; the application of the statutory cap on damages; immunity for planning-level or discretionary decisions; the absence of any liability for this Defendant for the actions or omissions of agents or employees which were taken outside the course and scope of their employment, or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property; and the absence of any liability for this Defendant for punitive damages or prejudgment interest. 2. This Defendant states that the injuries or damages at issue in this case were not caused by this Defendant or its agents or employees, but were caused by the negligent or intentional actions of others for whom this Defendant cannot be held liable. 3 This Defendant states that the injuries or damages at issue in this case were caused by the intervening and unforeseeable acts of others for whom this Defendant cannot be held liable. 4 This Defendant states that the injuries or damages at issue in this case were caused by the acts of Nikolas Cruz, which constituted the sole proximate cause of those injuries. #39654035 v1 Nikolas Cruz was not a student at Marjory Stoneman Douglas High School on the date of the incident and had not been for approximately one year, and this Defendant did not have a duty to predict his future conduct. 5 This Defendant states that any claims for negligent hiring are subject to the presumption in favor of this Defendant set forth in section 768.096 of the Florida Statutes. 6. This Defendant states that any claims for negligent hiring or retention are barred to the extent that they are based on actions taken during the employee’s course and scope of employment. 7 This Defendant states that it is entitled to a setoff for any and all collateral sources paid or due to be paid to or on behalf of the Plaintiffs from any source considered by law to be a collateral source pursuant to section 768.76 of the Florida Statutes. 8 This Defendant states that the Plaintiffs’ recovery for damages is limited to that which has been paid by a health insurance carrier or incurred by the Plaintiffs, not any amounts which have been billed, negotiated, or otherwise written off pursuant to any written or oral agreement or arrangement. 9. The Plaintiffs’ allege that the injuries complained of were caused and/or contributed to by other Parties to this case; should those Parties settle, resolve or otherwise be dismissed from this case, this Defendant reserves the right to add them as non-party/Fabre Defendants. 10. This Defendant further reserves the right to amend its complaint to assert that the injuries complained of were caused and/or contributed to by other non-parties, and that they should be added as non-party/Fabre Defendants, as permitted by section 768.81 of the Florida Statutes and Nash v. Wells Fargo Guard Services, Inc., 678 So. 2d 1262 (Fla. 1996). #39654035 v1 11. This Defendant is entitled to a setoff for any settlements or payments made by other parties or non-parties. 12. This Defendant states that it is entitled to the rights, privileges and immunities enjoyed by tortfeasors under the modification of joint and several liability statutes, as well as all apportionment and periodic payment of judgment statutes set forth in Chapter 768 of the Florida Statutes. 13. This Defendant states that the Plaintiffs’ claims for emotional damages may be barred by Florida’s impact rule. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail this 13 day of March, 2020 upon all counsel or parties of record on the Service List below. HALICZER PETTIS & SCHWAMM_ = GRAYROBINSON, P.A. Co-Counsel for Defendant, Co-Counsel for Defendant, School Board of Broward County School Board of Broward County 100 S.E. 3"! Avenue, 7" Floor 333 S.E. 2™ Avenue, Suite 3200 Fort Lauderdale, Florida Miami, Florida 33131 Telephone: (954) 523-9922 Telephone: (305) 416-6880 Facsimile: (954) 522-2512 Facsimile: (305) 416-6887 By: /s/ Eugene Pettis By: /s/ Anastasia Protopapadakis Eugene Pettis, FBN 508454 Anastasia Protopapadakis, FBN 51426 #39654035 v1 MAILING LIST [MSD LITIGATION] Counsel for School Board of Broward County Counsel for Broward Sheriff’s Office Eugene K. Pettis, Esq. David L. Ferguson, Esq. Haliczer Pettis & Schwamm, PA Seth D. Haimovitch, Esq. One Financial Plaza, Seventh Floor Kopelowitz, Ostrow 100 SE 3" Avenue Ferguson Weiselberg Gilbert Fort Lauderdale, FL 33394 One W. Las Olas Blvd. - #500 954-523-9922 Ft. Lauderdale, FL 33301 service@hpslegal.com; 954-525-4100 Haimovitch@kolawyers.com; Ferguson@kolawyers.com; nunez@kolawyers.com Counsel for Andrew Medina & David Taylor Counsel for Scot Peterson David S. Henry, Esq. Michael Piper, Esq Jordan M. Greenberg, Esq. Christopher J. Stearns, Esq. Kelley Kronenberg Johnson, Anselmo, et al. 8201 Peters Road - #4000 2455 East Sunrise Blvd. - #1000 Plantation, FL 33324 Ft. Lauderdale, FL 33304 954-370-9970 954-463-0100 jgreenberg@kelleykronenberg.com; Stearns@jambg.com; dhenry@kelleykronenberg.com; cintron@jambg.com; yspencer(@kelleykronenberg.com; blouin@jambg.com; piper@jambg.com; yemexant(@jambg.com; Counsel Nikolas Cruz Counsel for Henderson and Florida Insurance Trust David A Frankel, Esq. Law Offices of David A. Frankel, P.A. Joshua B. Walker, Esq. 4601 Sheridan St., Ste. 213 Walker, Revels, Greninger & Netcher, Hollywood, FL 33021 PLLC 954-6830300 189 S. Orange Ave,, Suite 1830 david@pbluelotuslaw.com; Orlando, FL 32801 407-789-1830 Melisa Alice McNeill jwalker@wrgn-law.com; Broward Public Defenders Office dvelleu@wrgn-law.com: 201 SE 6th St., Ste. 3872 kperez@wrgn-law.com Fort Lauderdale, FL 33301 mmeneill@browarddefender.org; #39093981 v1 MAILING LIST [MSD LITIGATION] Co-Counsel for SBBC- A.P. Co-Counsel for SBBC -Ashley Baez CACE 19-001507 CACE 19-007722 Co-Counsel for SBBC- E.H. Co-Counsel for SBBC -Isabel Chequer CACE 19-026407 CACE 19-007725 Co-Counsel for SBBC- HK. Co-Counsel for SBBC -Stacey Lippel CACE 19-024120 CACE 19-007784 Co-Counsel for SBBC- J.H. CACE 19-026074 Paula Kessler, Esq. Co-Counsel for SBBC- M.W. Catri, Holton, Kessler, & Kessler, P.A CACE 19-007272 633 S Andrews Ave Fort Lauderdale, FL 33301 Anastasia Protopapadakis, Esq. 954-463-8593 GrayRobinson, PA pleadingspck@chkklaw.com; 333 S.E. 2" Avenue - #3200 pleadingsevk@chkklaw.com; Miami, FL 33131 pleadings@chkklaw.com; 305-416-6880 Anastasia. Protopapadakis@Gray-Robinson.com. Danieska.Cuarezma@Gray-Robinson.com; Lourdes.Federici@Gray-Robinson.com; Co-Counsel for SBBC Anthony Borges Co-Counsel for SBBC- Kyle Laman CACE 18-008568 CACE 19-007924 Co-Counsel for SBBC Samantha Fuentes Co-Counsel for SBBC- Williams Olson CACE 19-007920 CACE 19-007696 Co-Counsel for SBBC Samantha Grady Co-Counsel for SBBC- Elizabeth Stout CACE 19-008062 CACE 19-024068 Co-Counsel for SBBC Samantha Mayor Co-Counsel for SBBC- Ben Wikander CACE 19-008071 CACE 19-007732 Co-Counsel for SBBC- Madeline Tom Paradise, Esq. “Maddy” Wilford Vernis & Bowling of Broward, P.A. CACE 19-026088 5821 Hollywood Blvd. Hollywood, FL 33021 Jeffrey Mowers, Esq. 954-927-5330 Lewis Brisbois Bisgaard & Smith LLP tparadise@florida-law.com; 110 SE 6th St., Ste. 2600 garwood@florida-law.com; Fort Lauderdale, FL 33301 954-728-1280 Jeffrey.mowers@lewisbrisbois.com; ellise.silverberg@lewisbrisbois.com; Filemaildesig@lewisbrisbois.com #39093981 v1 MAILING LIST [MSD LITIGATION] Counsel for the Sneads Counsel for Estate of Lynda Cruz James S. Lewis, Esq. Drew Daddono, Esq. 200 SE 6" Street, Suite 301 Appointed Rep. for the Estate Fort Lauderdale, FL 33301 1227 N. Franklin St. 954-523-7949 Tampa, FL 33602 JimLewisForF lorida@ Yahoo.com drew@anchortrustmanagement.com Counsel for A.P. Counsel for Estate of Alyssa Alhadeff CACE 19-001507 CACE 19-008077 Counsel for M.W. Counsel for Samantha Fuentes CACE 19-007272 CACE 19-007920 Counsel for Hayden Korr Counsel for Samantha Grady CACE 19-024120 CACE 19-008062 Counsel for Dominic Timpone Counsel for Kyle Laman CACE 19-024043 CACE 19-007924 Counsel for Elizabeth Stout Counsel for Samantha Mayor CACE 19-024068 CACE 19-008071 Counsel for Felicia Burgin CACE 19-024161 Robert W. Kelley, Esq. Kimberly L. Wald, Esq. Kelley Uustal Jay Cohen, Esq. 500 N. Federal Highway — Suite 200 Cohen, Blostein & Ayala, P.A Ft. Lauderdale, FL 33301 One Financial Plaza — Suite 1100 954-522-6601 100 S.E. Third Avenue rwk@kulaw.com; Ft. Lauderdale, FL 33394 kiw@kulaw.com; 954-449-8700 marissa@kulaw.com; kpinedo@jaycohenlaw.com; sleminew Djavcohenlaw.com; pleadings@javcohenlaw.com; Counsel for Estate of Scott Beigel Counsel for Estate of Jaime Guttenberg CACE 19-007939 CACE 19-007720 Counsel for Estate of Joaquin Oliver CACE 19-007802 Dayron Silverio, Esq. Counsel for Stacey Lippel Steven Marks, Esq. CACE 19-007784 Kristina Infante, Esq. Podhurst Orseck, P.A. Michael Haggard, Esq. Sun Trust Int’l Center Christopher Marlowe One S.E. Third Ave - #2300 #39093981 v1 MAILING LIST [MSD LITIGATION] The Haggard Law Firm Miami, FL 33131 330 Alhambra Circle — 1* Floor 305-358-2800 Coral Gables, FL 33134 smarks(@podhurst.com; 305-446-5700 dsilverio@podhurst.com; cln@haggardlawfirm.com; kinfante@podhurst.com; mah@haggardlawfirm.com; jpupo@podhurst.com; tim@haggardlawfirm.com; laja@podhurst.com; nlopez@haggardlawfirm.com; Counsel for Estate of Meadow Pollack Counsel for Estate of Helena Ramsay CACE 18-009607 CACE 19-007727 Counsel for Estate of Luke Hoyer CACE 19-019402 Craig Goldenfarb, Esq. Counsel for Estate of Alaina Petty Spencer Kuvin, Esq. CACE 19-023307 Law Offices of Craig Goldenfarb, P.A. Counsel for Madeline “Maddy” Wilford 1800 South Australian Avenue, 4" Floor CACE 19-026088 West Palm Beach, FL 33409 561-697-4440 Attorney for Andrew Pollack service@800goldlaw.com; David W. Brill, Esq. skuvin@800goldlaw.com; Joseph J. Rinaldi, Jr., Esq. /weir@800goldlaw.com; Michelle Y. Gurian, Esq. Brill & Rinaldi, The Law Firm 17150 Royal Palm Blvd. - #2 Weston, FL 33326 954-876-4344 david@pbrillrinaldi.com joe@brillrinaldi.com ross(@brillrinaldi.com angely@brillrinaldi.com alendar@brillrinaldi.com Attorney for Shara Kaplan Tracy Considine, Esq. Tracy Considine,P.A. Sleiman Pkwy., Ste 210 Jacksonville, FL 32216 904-636-9777 tconsidine@Icjaxlaw.com; #39093981 v1 MAILING LIST [MSD LITIGATION] Counsel for Ashley Baez Counsel for Anthony Borges CACE 19-007722 CACE 18-008568 Counsel for Isabel Chequer CACE 19-007725 Alex Arreaza, Esq. Counsel for Estate of Gina Montalto Arreaza Law Firm, LLC CACE 19-007737 320 W. Oakland Park Blvd. Counsel for Estate of Peter Wang Ft. Lauderdale, FL 33311 CACE 19-007733 954-765-7743 alex@alexmylawyer.com; Stuart Z. Grossman, Esq Grossman, Roth, Yaffa Cohen Joel S. Perwin, Esq. 2525 Ponce de Leon Blvd. - #1150 169 E. Flagler Street - #1523 Coral Gables, FL 33134 Miami, FL 33131 305-442-8666 305-779-6090 ag(@grossmanroth.com; jperwin@perwinlaw.com; shigelow@perwinlaw.com Counsel for Estate of Carmen Schentrup Counsel for Estate of Nicholas Dworet CACE 19-007736 and Alexander Dworet CACE 19-007699 Robert Stein, Esq. Jeffrey Tew, Esq. Alan Goldfarb, Esq. Rennert Vogel Mandler & Rodriguez Law Offices Of Alan Goldfarb Miami Tower 100 Southeast 2" Street — 45" Floor 100 S.E. Second Street - #2900 Miami, FL 33131 Miami, FL 33131 305-371-3111 305-577-4177 goldfarb@goldfarbpa.com; 305-533-8519 ‘stein@rvmrlaw.com; Michael Goldfarb, Esq. jtew@rvmrlaw.com; Goldfarb Law, P.A, jalvarez@rvmrlaw.com 2800 Ponce de Leon Blvd. - #1100 Coral Gables, FL 33134 305-433-3200 michael@goldfarblaw.com Counsel for Benjamin Wikander Counsel for William Olson CACE 19-007732 CACE 19-007696 Counsel for Estate of Alex Schachter CACE 19-007723 John Elliot Leighton, Esq. Curtis Miner, Esq. Max Panoff, Esq. Patrick Montoya, Esq. Leighton Law, P.A. Julia Braman Kane, Esq. 1401 Brickell Avenue - #900 Colson Hicks Eidson Miami, FL 33131 255 Alhambra Circle, Penthouse 305-347-3151 Coral Gables, FL 33134 John@leightonlaw.com; #39093981 v1 MAILING LIST [MSD LITIGATION] 305-476-7400 Max@leightonlaw.com; urt@colson.com; Carmen@leightonlaw.com; Patrick@colson.com; leomarys@leightonlaw.com; Julie@colson.com; Counsel For Daniela Menescal CACE 19-012884 Patrick W. Lawlor, Esq. Nicholas A. Marzuk, Esq. Lawlor & Associates One Royal Palm Place 1877 S. Federal Highway - #302 Boca Raton, FL 33432 561-372-3500 Pat@pwlawlor.com; Tammy@pwlawlor.com #39093981 v1