Answer: GEICO INDEMNITY COMPANY VS VALIA VERA ET AL

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                                Filing # 122424766 E-Filed 03/03/2021 02:29:45 PM


                          IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR
                                                     MIAMI-DADE COUNTY, FLORIDA

                  GEICO INDEMNITY COMPANY,
                  a/a/o NICOLE MORAZAN,

                                    Plaintiff,                                   CASE NO.: 2019-24552-CA-01
                  vs.

                  VALIA VERA, ARIEL RODRIGUEZ, and
                  CRISTOPHER RODRIGUEZ

                                    Defendant.
                  ______________________________________________/
                                         AMENDED ANSWER AND AFFIRMATIVE DEFENSES

                  Defendant, Christopher Rodriguez, by and through this undersigned attorney hereby

                  files this Answer to the Plaintiff’s Complaint as follows:

                       1.   Admitted.

                       2.   Admitted.

                       3.   Admitted.

                       4.   Admitted.

                       5.   Denied.

                       6.   Admitted.

                       7.   Denied.

                       8.   Denied as phrased.

                       9.   Without knowledge.

                       10.  Denied.

                       11.  Denied.

                       12.  Defendant denies that the Plaintiff is entitled to judgment or to the relief sought.

                       13.  Defendant denies all allegations of the Plaintiffs Complaint which are not

                           specifically admitted herein and demands strict proof thereof.

                       14.  Any and all allegations of liability, negligence, legal cause and damages of any
                           kinds are specifically denied.

                       15.  Defendant demands trial by jury of all issues so triable.

                                                          AFFIRMATIVE DEFENSES

                       16.  As their first affirmative defense, Defendants state that the Plaintiff’s insureds

                           negligence was the sole cause of the accident or contributed to the cause the

                           accident and that any damages assessed against the Defendant’s must be

                           reduced by an amount equal to the comparative degree of negligence of the

                           Plaintiffs insureds.

                       17.  As their second affirmative defense, Defendant state that third parties caused or

                           contributed to cause the accident to such a degree or percentage that any

                           damages assessed against the Defendant must be an amount equal to the

                           comparative degree negligence of the third parties.

                       18.  As their third affirmative defense, Defendants state that the accident falls within

                           the provisions of the Florida No Fault Law effective on the date of he accident and

                           the Defendant pleads all the defenses, exemptions, and set-offs available to him

                           under the provisions under the Florida No-Fault Law.

                       19.  As their fourth affirmative defense, Defendants state that the Plaintiff failed to

                           mitigate its damages and any damages assessed against the Defendant must be

                           reduced by an amount equal to Plaintiffs failure to mitigate.

                       20.  As their fifth affirmative defense, Defendants state that the amount charged to

                           repair Plaintiffs vehicle was unreasonable, excessive and not customary in the

                           community.
                                                         CERTIFICATE OF SERVICE

                           WE    HEREBY        CERTIFY        that   a   true   and    correct    copy    of  the   foregoing     was
                  furnished via email service on this 3rd day of March 2021 at: Bruce H. Schiller, Esquire,
                  Attorney     for  Plaintiff,  7900     Glades    Road,     Suite   405,    Boca    Raton,    Florida    33434     at
                  pleadings@yatesandschiller.com.

                                                               LAW OFFICES OF
                                                               TERRY M. TORRES & ASSOCIATES
                                                               Employees of Infinity Insurance Company
                                                               A KEMPER CORPORATION AFFILIATE
                                                               THIS OFFICE IS NOT A PARTNERSHIP OR
                                                               CORPORATION
                                                               8400 NW 36th Street, Suite 250
                                                               Miami, FL 33166
                                                               Telephone:        (305) 714-3300
                                                               Facsimile:         (305) 714-3301
                                                               Service Email: MiamiLegal@ipacc.com



                                                               By:_____________________________________
                                                                        Jonell T. Murphy, Esquire
                                                                        Florida Bar No.: 99578