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Filing # 135505141 E-Filed 09/28/2021 05:24:18 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-007626
LILLY WILLIAMS,
Plaintiff,
VS.
BAYWATCH BOAT RENTALS,
TOURS & CHARTERS,INC.,
a Florida Corporation, d/b/a
CAPTAIN JOE'S BOAT RENTALS,
TOURS & CHARTERS,INC.,
Defendant,
'
ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT
Defendant, BAYWATCH
BOAT
RENTALS, TOURS
&
CHARTERS, INC.
("Baywatch") by and through undersigned counsel, hereby answers the Amended Complaint of
Plaintiff and asserts the following affirmative defenses:
1.
Admitted Plaintiffhas asserted a claim for in excess of the Court'sjurisdictional
limit; denied Plaintiff is entitled to same.
2.
Admitted that the general maritime law is the governing law; balance denied.
3.
Admitted for the purposes ofjurisdictionin this case only.
4.
Admitted for the purposes ofthis case only.
5.
Denied.
6.
Denied.
7.
Denied.
8
Denied. The applicable standard of care is reasonablecare under the
circumstances.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/28/2021 05:24:17 PM.****
CASE NO.: CACE-21-007626
PAGE 2
9-
Denied, including all subparts.
AFFIRMATIVE DEFENSES
1.
Defendant affirmatively avers that Plaintiff's injuries,if any, were the result of acts
of third parties for whom Defendant is not responsible.
2.
Defendant affirmatively avers that Plaintiff was comparatively negligent for any
and all injuries and damages asserted in this claim.
3
Defendant affirmatively avers that this action is governed by federal maritime law
to the exclusion of state law.
4.
Defendant affirmatively avers that Plaintifffailed to mitigate her damages, and
therefore,her damages, if any, should be reduced accordingly.
5.
Defendant affirmatively avers that it is entitled to a set-offfor any and all monies
paid to or on behalfof Plaintiffas a result of collateral sources.
6.
Defendant affirmatively avers that Plaintiff's damages, if any, were preexisting.
Alternatively, if Plaintiff suffered damages, such liability extends only to the aggravation of
preexistingdamages.
7.
Defendant affirmatively avers that Plaintiff has failed to state a claim upon which
relief can be granted.
8
Defendant affirmatively avers that it are entitled to exonerationand/or limitation of
liability pursuantto 46 USC Section 501, et seq.
9-
Defendant affirmatively avers that the vessel was seaworthy at all times material.
10.
Defendant affirmatively avers that Plaintiff's injuries, if any, were not caused or
contributed to by any fault, negligence, or lack of due care by Defendantsor the vessel.
HORR,NOVAK & SKIPP, P.A.
TWO DATRAN CENTER, SU[TIE 1700 - 9130 S. DADELAND BOULEVARD- MIAMI - FLORIDA - 33156
CASE NO.: CACE-21-007626
PAGE 3
11.
Defendant affirmatively avers that any damages or injuries to Plaintiff, if any, were
done and incurred without the privity and knowledge of Defendants.
12.
Defendant affirmatively avers Plaintiff was a trespasser at the time of her alleged
incident, and as such, Defendant owed her no duty.
13.
Defendant affirmatively avers that because of Plaintiff's conduct, acts and
omissions, Plaintiff has waived any claim to damages alleged in the complaint.
Defendant reserves the right to amend their affirmative defenses as investigation and
discovery continue.
WHEREFORE, having answered the Amended Complaint and asserted the foregoing
AffirmativeDefenses,Defendant respectfully prays for entry of an Order dismissing the Amended
Complaint with prejudice and for such other relief the Court deemsjust and proper.
Dated: September 28, 2021
Respectfully submitted,
/sl Craig P. Liszt
Jonathan W. Skipp
Florida Bar No.: 710570
Craig P. Liszt
Florida Bar No. 63414
HORR, NOVAK & SKIPP, P.A.
Attorneys for Defendant Baywatch
Two Datran Center, Suite 1700
9130 South Dadeland Boulevard
Miami, FL 33156
Telephone: (305) 670-2525
Facsimile: (305) 670-2526
Attorneys for Defendant
HORR,NOVAK & SKIPP, P.A.
TWO DATRAN CENTER, SU[TIE 1700 - 9130 S. DADELAND BOULEVARD- MIAMI - FLORIDA - 33156
CASE NO.: CACE-21-007626
PAGE 4
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY the foregoing has been filed and served this 2* day ofSeptember,
2021, via E-Filing Portal and a true and correct copy provided via E-mail to: Andrew S. Ben,
Esq.,
The Ben Law Firm, PLLC., Attorneys for Plaintiff, 2699
Stirling Road, Suite C-301, Fort Lauderdale, Fl 33312.
HORR, NOVAK & SKIPP, P.A.
Two Datran Center, Suite 1700
9130 South Dadeland Boulevard
Miami, FL 33156
Telephone: (305) 670-2525
Facsimile: (305) 670-2526
Primary E-mail:
/sl Craig P. Liszt
Jonathan W. Skipp
Florida Bar No.: 710570
Craig P. Liszt
Florida Bar No. 63414
HORR, NOVAK & SKIPP, P.A.
Attorneys for Defendant Baywatch
Two Datran Center, Suite 1700
9130 South Dadeland Boulevard
Miami, FL 33156
Telephone: (305) 670-2525
Facsimile: (305) 670-2526
Attorneysfor Defendant
HORR,NOVAK & SKIPP, P.A.
TWO DATRAN CENTER, SU[TIE 1700 - 9130 S. DADELAND BOULEVARD- MIAMI - FLORIDA - 33156
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Filing # 135505141 E-Filed 09/28/2021 05:24:18 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-007626 LILLY WILLIAMS, Plaintiff, VS. BAYWATCH BOAT RENTALS, TOURS & CHARTERS,INC., a Florida Corporation, d/b/a CAPTAIN JOE'S BOAT RENTALS, TOURS & CHARTERS,INC., Defendant, ' ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT Defendant, BAYWATCH BOAT RENTALS, TOURS & CHARTERS, INC. ("Baywatch") by and through undersigned counsel, hereby answers the Amended Complaint of Plaintiff and asserts the following affirmative defenses: 1. Admitted Plaintiffhas asserted a claim for in excess of the Court'sjurisdictional limit; denied Plaintiff is entitled to same. 2. Admitted that the general maritime law is the governing law; balance denied. 3. Admitted for the purposes ofjurisdictionin this case only. 4. Admitted for the purposes ofthis case only. 5. Denied. 6. Denied. 7. Denied. 8 Denied. The applicable standard of care is reasonablecare under the circumstances. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/28/2021 05:24:17 PM.**** CASE NO.: CACE-21-007626 PAGE 2 9- Denied, including all subparts. AFFIRMATIVE DEFENSES 1. Defendant affirmatively avers that Plaintiff's injuries,if any, were the result of acts of third parties for whom Defendant is not responsible. 2. Defendant affirmatively avers that Plaintiff was comparatively negligent for any and all injuries and damages asserted in this claim. 3 Defendant affirmatively avers that this action is governed by federal maritime law to the exclusion of state law. 4. Defendant affirmatively avers that Plaintifffailed to mitigate her damages, and therefore,her damages, if any, should be reduced accordingly. 5. Defendant affirmatively avers that it is entitled to a set-offfor any and all monies paid to or on behalfof Plaintiffas a result of collateral sources. 6. Defendant affirmatively avers that Plaintiff's damages, if any, were preexisting. Alternatively, if Plaintiff suffered damages, such liability extends only to the aggravation of preexistingdamages. 7. Defendant affirmatively avers that Plaintiff has failed to state a claim upon which relief can be granted. 8 Defendant affirmatively avers that it are entitled to exonerationand/or limitation of liability pursuantto 46 USC Section 501, et seq. 9- Defendant affirmatively avers that the vessel was seaworthy at all times material. 10. Defendant affirmatively avers that Plaintiff's injuries, if any, were not caused or contributed to by any fault, negligence, or lack of due care by Defendantsor the vessel. HORR,NOVAK & SKIPP, P.A. TWO DATRAN CENTER, SU[TIE 1700 - 9130 S. DADELAND BOULEVARD- MIAMI - FLORIDA - 33156 CASE NO.: CACE-21-007626 PAGE 3 11. Defendant affirmatively avers that any damages or injuries to Plaintiff, if any, were done and incurred without the privity and knowledge of Defendants. 12. Defendant affirmatively avers Plaintiff was a trespasser at the time of her alleged incident, and as such, Defendant owed her no duty. 13. Defendant affirmatively avers that because of Plaintiff's conduct, acts and omissions, Plaintiff has waived any claim to damages alleged in the complaint. Defendant reserves the right to amend their affirmative defenses as investigation and discovery continue. WHEREFORE, having answered the Amended Complaint and asserted the foregoing AffirmativeDefenses,Defendant respectfully prays for entry of an Order dismissing the Amended Complaint with prejudice and for such other relief the Court deemsjust and proper. Dated: September 28, 2021 Respectfully submitted, /sl Craig P. Liszt Jonathan W. Skipp Florida Bar No.: 710570 Craig P. Liszt Florida Bar No. 63414 HORR, NOVAK & SKIPP, P.A. Attorneys for Defendant Baywatch Two Datran Center, Suite 1700 9130 South Dadeland Boulevard Miami, FL 33156 Telephone: (305) 670-2525 Facsimile: (305) 670-2526 Attorneys for Defendant HORR,NOVAK & SKIPP, P.A. TWO DATRAN CENTER, SU[TIE 1700 - 9130 S. DADELAND BOULEVARD- MIAMI - FLORIDA - 33156 CASE NO.: CACE-21-007626 PAGE 4 CERTIFICATE OF SERVICE WE HEREBY CERTIFY the foregoing has been filed and served this 2* day ofSeptember, 2021, via E-Filing Portal and a true and correct copy provided via E-mail to: Andrew S. Ben, Esq., The Ben Law Firm, PLLC., Attorneys for Plaintiff, 2699 Stirling Road, Suite C-301, Fort Lauderdale, Fl 33312. HORR, NOVAK & SKIPP, P.A. Two Datran Center, Suite 1700 9130 South Dadeland Boulevard Miami, FL 33156 Telephone: (305) 670-2525 Facsimile: (305) 670-2526 Primary E-mail: /sl Craig P. Liszt Jonathan W. Skipp Florida Bar No.: 710570 Craig P. Liszt Florida Bar No. 63414 HORR, NOVAK & SKIPP, P.A. Attorneys for Defendant Baywatch Two Datran Center, Suite 1700 9130 South Dadeland Boulevard Miami, FL 33156 Telephone: (305) 670-2525 Facsimile: (305) 670-2526 Attorneysfor Defendant HORR,NOVAK & SKIPP, P.A. TWO DATRAN CENTER, SU[TIE 1700 - 9130 S. DADELAND BOULEVARD- MIAMI - FLORIDA - 33156