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Filing # 136148638 E-Filed 10/07/2021 05:04:11 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA
CIVIL DIVISION
YAJAIRA MONTES,
Plaintiff,
v.
CASE NO.: 21-004236-CI-15
DONNA DOUGLAS, DENNIS DOUGLAS,
and GEICO GENERAL INSURANCE
COMPANY,
Defendants.
_____________________________________/
DEFENDANT DONNA DOUGLAS AND DENNIS DOUGLAS’ ANSWER AND
AFFIRMATIVE DEFENSES
Defendants DONNAS DOUGLAS and DENNIS DOUGLAS, by counsel undersigned,
file this Answer to Plaintiff’s Complaint and says:
1. Admitted for jurisdictional purposes only.
2. Without knowledge.
3. Admitted.
4. Admitted.
5. Admitted.
6. Without knowledge.
7. Without knowledge.
8. Admitted.
9. Admitted
COUNT I- NEGLICENGE OF DONNA DOUGLAS
10. Defendants reaffirm paragraphs 1-9 above, as if fully restated herein.
353696
***ELECTRONICALLY FILED 10/07/2021 05:04:11 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
11. Without knowledge.
12. Without knowledge
13. Defendants are without knowledge but state that Plaintiff may not recover
damages for pain, suffering, mental anguish, and inconvenience unless Plaintiff’s injury satisfies
the requirements of Florida Statute Section 627.737.
14. Without knowledge.
15. Without knowledge.
16. Without knowledge.
17. Without knowledge.
18. Without knowledge.
COUNT II- VICARIOUS LIABILITY OF DENNIS DOUGLAS
19. Defendants reaffirm paragraphs 1-9, above, as if fully restated herein.
20. Without knowledge.
21. Without knowledge.
22. Defendant is without knowledge but states that Plaintiff may not recover damages
for pain, suffering, mental anguish, and inconvenience unless Plaintiff’s injury satisfies the
requirements of Florida Statute Section 627.737.
23. Without knowledge.
24. Without knowledge.
25. Admitted as statement of law. Otherwise, without knowledge.
26. Without knowledge.
27. Without knowledge.
28. Without knowledge.
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COUNT III- UM CLAIM
29. Defendants reaffirm paragraphs 1-9, above, as if fully restated herein.
30. Without knowledge.
31. Without knowledge.
32. Without knowledge.
33. Without knowledge.
34. Without knowledge.
35. Without knowledge.
36. Without knowledge.
37. Without knowledge.
38. Without knowledge.
39. Without knowledge.
AFFIRMATIVE DEFENSES
1. Plaintiff has received monies from collateral sources, including but not limited to
PIP payments and contractual discounts, for which no right of subrogation exists,
and there is an entitlement to set-off to the extent of said funds received from
collateral sources.
2. Plaintiff has not sustained a physical injury or damages as required by the Florida
Motor Vehicle No Fault Law which sets forth threshold limits which must be met
before any tort action, such as this one, may be maintained in Florida.
3. At the time and place set forth in the Complaint, Plaintiff was guilty of
negligence, which negligence was either the sole proximate cause of the event
described in the Complaint, or in the alternative contributed thereto, and Plaintiff
is therefore either barred from recovery, or in the alternative, any damages
awarded Plaintiff against Defendants should be reduced pursuant to the Rule of
Comparative Negligence.
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4. Plaintiff has failed to mitigate the damages claimed in the complaint.
DEMAND FOR JURY TRIAL
Defendants hereby demand a trial by jury on all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by E-Mail to Marc B. Parish, Esquire, Attorney for the Plaintiff,
(efiling@cataniaandcatania.com, Catania & Catania, P.A., 101 E. Kennedy Blvd., Suite 2400,
Tampa, FL, 33602) this 7th day of October, 2021.
By: /s/ Troy J. McRitchie
Troy J. McRitchie, Esquire
Banker Lopez Gassler P.A.
360 Central Avenue, Suite 700
St. Petersburg, FL 33701
Service-tmcritchie@bankerlopez.com
Phone: (727) 825-3600 Fax: (727) 821-1968
FBN: 0513504
Attorney for Defendants Douglas
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Filing # 136148638 E-Filed 10/07/2021 05:04:11 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA CIVIL DIVISION YAJAIRA MONTES, Plaintiff, v. CASE NO.: 21-004236-CI-15 DONNA DOUGLAS, DENNIS DOUGLAS, and GEICO GENERAL INSURANCE COMPANY, Defendants. _____________________________________/ DEFENDANT DONNA DOUGLAS AND DENNIS DOUGLAS’ ANSWER AND AFFIRMATIVE DEFENSES Defendants DONNAS DOUGLAS and DENNIS DOUGLAS, by counsel undersigned, file this Answer to Plaintiff’s Complaint and says: 1. Admitted for jurisdictional purposes only. 2. Without knowledge. 3. Admitted. 4. Admitted. 5. Admitted. 6. Without knowledge. 7. Without knowledge. 8. Admitted. 9. Admitted COUNT I- NEGLICENGE OF DONNA DOUGLAS 10. Defendants reaffirm paragraphs 1-9 above, as if fully restated herein. 353696 ***ELECTRONICALLY FILED 10/07/2021 05:04:11 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 11. Without knowledge. 12. Without knowledge 13. Defendants are without knowledge but state that Plaintiff may not recover damages for pain, suffering, mental anguish, and inconvenience unless Plaintiff’s injury satisfies the requirements of Florida Statute Section 627.737. 14. Without knowledge. 15. Without knowledge. 16. Without knowledge. 17. Without knowledge. 18. Without knowledge. COUNT II- VICARIOUS LIABILITY OF DENNIS DOUGLAS 19. Defendants reaffirm paragraphs 1-9, above, as if fully restated herein. 20. Without knowledge. 21. Without knowledge. 22. Defendant is without knowledge but states that Plaintiff may not recover damages for pain, suffering, mental anguish, and inconvenience unless Plaintiff’s injury satisfies the requirements of Florida Statute Section 627.737. 23. Without knowledge. 24. Without knowledge. 25. Admitted as statement of law. Otherwise, without knowledge. 26. Without knowledge. 27. Without knowledge. 28. Without knowledge. 353696 2 COUNT III- UM CLAIM 29. Defendants reaffirm paragraphs 1-9, above, as if fully restated herein. 30. Without knowledge. 31. Without knowledge. 32. Without knowledge. 33. Without knowledge. 34. Without knowledge. 35. Without knowledge. 36. Without knowledge. 37. Without knowledge. 38. Without knowledge. 39. Without knowledge. AFFIRMATIVE DEFENSES 1. Plaintiff has received monies from collateral sources, including but not limited to PIP payments and contractual discounts, for which no right of subrogation exists, and there is an entitlement to set-off to the extent of said funds received from collateral sources. 2. Plaintiff has not sustained a physical injury or damages as required by the Florida Motor Vehicle No Fault Law which sets forth threshold limits which must be met before any tort action, such as this one, may be maintained in Florida. 3. At the time and place set forth in the Complaint, Plaintiff was guilty of negligence, which negligence was either the sole proximate cause of the event described in the Complaint, or in the alternative contributed thereto, and Plaintiff is therefore either barred from recovery, or in the alternative, any damages awarded Plaintiff against Defendants should be reduced pursuant to the Rule of Comparative Negligence. 353696 3 4. Plaintiff has failed to mitigate the damages claimed in the complaint. DEMAND FOR JURY TRIAL Defendants hereby demand a trial by jury on all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by E-Mail to Marc B. Parish, Esquire, Attorney for the Plaintiff, (efiling@cataniaandcatania.com, Catania & Catania, P.A., 101 E. Kennedy Blvd., Suite 2400, Tampa, FL, 33602) this 7th day of October, 2021. By: /s/ Troy J. McRitchie Troy J. McRitchie, Esquire Banker Lopez Gassler P.A. 360 Central Avenue, Suite 700 St. Petersburg, FL 33701 Service-tmcritchie@bankerlopez.com Phone: (727) 825-3600 Fax: (727) 821-1968 FBN: 0513504 Attorney for Defendants Douglas 353696 4