Preview
Filing # 98259586 E-Filed 11/01/2019 03:14:59 PM
IN THE CIRCUIT COURT 5™
JUDICIAL CIRCUIT, IN AND FOR,
MARION COUNTY, FLORIDA
JESUS SANTIAGO, CASE NO.: 2019-CA-2229
Plaintiff,
vs.
MICHAEL OWENS HERLONG,
Defendant.
-/
ANSWER & AFFIRMATIVE DEFENSES
Defendant, MICHAEL OWENS HERLONG, by and through undersigned Counsel, sets
forth as his Answer & Affirmative Defenses to Plaintiff's Complaint as follows:
1. Defendant is without knowledge of the allegations contained within this Paragraph
and would therefore deny, demanding strict proof thereof.
2. Defendant is without knowledge of the allegations contained within this Paragraph
and would therefore deny, demanding strict proof thereof.
3. Admit.
4. Admit,
5. Admit.
6. Deny.
7. Deny.
AFFIRMATIVE DEFENSES
By way of Defense and Affirmative Defense, Defendant asserts the following:
Electronically Filed Marion Case # 19CA002229AX 11/01/2019 03:14:59 PM1. Failure to Mitigate. Defendant affirmatively states that, as a result of Plaintiff's
negligence for failure to mitigate their damages, Plaintiff's damages should be reduced in
proportion to Plaintiff's negligence for failure to mitigate damages.
2. At all times material hereto Plaintiff, so negligently and carelessly operated his/her
motor vehicle so as to be the sole proximate cause of the damages complained of, if any; or in the
alternative such negligence was a contributing factor to the accident and alleged damages for which
the Defendant is entitled to proportionate reduction under the Doctrine of Comparative
Negligence.
3. Injury Causation. Defendant affirmatively states that the injuries and losses
complained of by Plaintiffs occurred either prior to or subsequent to the accident referred in the
Complaint; alternatively, said injuries and losses are in no way related to the accident referred to
in the Complaint, thus barring or reducing proportionately all claims for damages against this
Defendant.
4, Set Off. Pursuant to Section 627.736(3), Florida Statutes, Defendant is entitled to
a set off against any recovery against it to the extent of personal injury protection benefits which
were paid or payable to the Plaintiffs.
5. Collateral Source. Pursuant to Section 768.76, Florida Statutes, Defendant is
entitled to a set off against any * recovery against it to the extent of the value of all benefits received
by or paid on behalf of the Plaintiffs from any collateral source.
6. Failure to Meet Threshold of Damages. Defendant affirmatively states that the
Plaintiffs have failed to meet the threshold level of damages required to recover in tort law pursuant
to Section 627.737, Florida Statutes.7. Treatment/Expense Not Medically Reasonable, Necessary and Related. Defendant
alleges that the medical expenses/wages claimed by Plaintiffs were not medically reasonable, related,
and necessary in connection with the subject accident and Plaintiffs are not entitled to any
reimbursement of unreasonable or unnecessary expenses, due to amongst other things, the referral
and financial relationship between Plaintiffs' counsel and Plaintiffs' medical providers.
8. Overbilling. The treatment provided to Plaintiffs was overbilled by her medical
providers, due to amongst other things, the referral and financial relationship between Plaintiff's
counsel and Plaintiffs’ medical providers.
9. Defendant alleges the property damage claim of the Plaintiff was settled when
Plaintiff accepted monetary remuneration in settlement of her property damage claim.
10. Defendant affirmatively alleges that Plaintiff lacks standing to sue Defendant in
that the property damage claim was previously settled and Plaintiff is estopped from making a
further property damage claim based upon res judicata and collateral estoppel.
DEMAND FOR JURY TRIAL
Defendant demands a trial by jury on all issues of fact triable by right before a jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
electronic mail via the Court’s E-Portal to all known designated addresses for Michael J. Smith,
Esq., MORGAN & MORGAN, P.A., Attorneys for Plaintiff, MSmith@forthepeople.com,
| NOV.
ECannon@forthepeople.com this day of. , 2019.
CAMERON, HODGES. COLEMAN,
LaPOINTE & WRIGHT, P.A.vkauby, T, II, ESQ.
lorida Bay No. 993141
CHRISTOPHER C. COLEMAN, ESQ.
Florida Bar No. 0716359
1820 SE 18th Avenue
Ocala, Florida 34471
Phone (352) 351-1119 (cs)
Fax (352) 351-0151
Designated Electronic Mail:
Servicevww@cameronhodges3.com
Attorney for Defendant
Preview
Filing # 98259586 E-Filed 11/01/2019 03:14:59 PM IN THE CIRCUIT COURT 5™ JUDICIAL CIRCUIT, IN AND FOR, MARION COUNTY, FLORIDA JESUS SANTIAGO, CASE NO.: 2019-CA-2229 Plaintiff, vs. MICHAEL OWENS HERLONG, Defendant. -/ ANSWER & AFFIRMATIVE DEFENSES Defendant, MICHAEL OWENS HERLONG, by and through undersigned Counsel, sets forth as his Answer & Affirmative Defenses to Plaintiff's Complaint as follows: 1. Defendant is without knowledge of the allegations contained within this Paragraph and would therefore deny, demanding strict proof thereof. 2. Defendant is without knowledge of the allegations contained within this Paragraph and would therefore deny, demanding strict proof thereof. 3. Admit. 4. Admit, 5. Admit. 6. Deny. 7. Deny. AFFIRMATIVE DEFENSES By way of Defense and Affirmative Defense, Defendant asserts the following: Electronically Filed Marion Case # 19CA002229AX 11/01/2019 03:14:59 PM1. Failure to Mitigate. Defendant affirmatively states that, as a result of Plaintiff's negligence for failure to mitigate their damages, Plaintiff's damages should be reduced in proportion to Plaintiff's negligence for failure to mitigate damages. 2. At all times material hereto Plaintiff, so negligently and carelessly operated his/her motor vehicle so as to be the sole proximate cause of the damages complained of, if any; or in the alternative such negligence was a contributing factor to the accident and alleged damages for which the Defendant is entitled to proportionate reduction under the Doctrine of Comparative Negligence. 3. Injury Causation. Defendant affirmatively states that the injuries and losses complained of by Plaintiffs occurred either prior to or subsequent to the accident referred in the Complaint; alternatively, said injuries and losses are in no way related to the accident referred to in the Complaint, thus barring or reducing proportionately all claims for damages against this Defendant. 4, Set Off. Pursuant to Section 627.736(3), Florida Statutes, Defendant is entitled to a set off against any recovery against it to the extent of personal injury protection benefits which were paid or payable to the Plaintiffs. 5. Collateral Source. Pursuant to Section 768.76, Florida Statutes, Defendant is entitled to a set off against any * recovery against it to the extent of the value of all benefits received by or paid on behalf of the Plaintiffs from any collateral source. 6. Failure to Meet Threshold of Damages. Defendant affirmatively states that the Plaintiffs have failed to meet the threshold level of damages required to recover in tort law pursuant to Section 627.737, Florida Statutes.7. Treatment/Expense Not Medically Reasonable, Necessary and Related. Defendant alleges that the medical expenses/wages claimed by Plaintiffs were not medically reasonable, related, and necessary in connection with the subject accident and Plaintiffs are not entitled to any reimbursement of unreasonable or unnecessary expenses, due to amongst other things, the referral and financial relationship between Plaintiffs' counsel and Plaintiffs' medical providers. 8. Overbilling. The treatment provided to Plaintiffs was overbilled by her medical providers, due to amongst other things, the referral and financial relationship between Plaintiff's counsel and Plaintiffs’ medical providers. 9. Defendant alleges the property damage claim of the Plaintiff was settled when Plaintiff accepted monetary remuneration in settlement of her property damage claim. 10. Defendant affirmatively alleges that Plaintiff lacks standing to sue Defendant in that the property damage claim was previously settled and Plaintiff is estopped from making a further property damage claim based upon res judicata and collateral estoppel. DEMAND FOR JURY TRIAL Defendant demands a trial by jury on all issues of fact triable by right before a jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail via the Court’s E-Portal to all known designated addresses for Michael J. Smith, Esq., MORGAN & MORGAN, P.A., Attorneys for Plaintiff, MSmith@forthepeople.com, | NOV. ECannon@forthepeople.com this day of. , 2019. CAMERON, HODGES. COLEMAN, LaPOINTE & WRIGHT, P.A.vkauby, T, II, ESQ. lorida Bay No. 993141 CHRISTOPHER C. COLEMAN, ESQ. Florida Bar No. 0716359 1820 SE 18th Avenue Ocala, Florida 34471 Phone (352) 351-1119 (cs) Fax (352) 351-0151 Designated Electronic Mail: Servicevww@cameronhodges3.com Attorney for Defendant