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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
STATE OF FLORIDA, COUNTY OF CHARLOTTE
CIVIL DIVISION
SALLY SIMON, as Personal Representative of
tne Estate of MICHAEL SIMON,
Plaintiff,
VS. Case No. 00-120-CA
MARK ASPERILLA, M.D., MARK ASPERILLA, M.D.,
P.A., a Florida Corporation, DALE
GREENBERG, M.D., RONALD CONSTINE, M.D.,
LEVY, BAKER, CONSTINE & GREENBERG, M.D.,
P.A., a Florida Corporation, SAMUEL ESTEPA,
M.D., PRIMARY CARE PHYSICIANS, INC., a
Florida Corporation, THOMAS K. WANZY,
M.D., THOMAS K. WANZY, M.D., P.A., a Florida
Corporation, BALA K. NANDIGAM, M.D.,
CHARLOTTE MEDICAL ASSOCIATES, P.A., a
Florida Corporation, MOIDEN MOOPEN, M.D.,
MOIDEN MOOPEN, M.D., P.A., a Florida
Corporation, CARLOS E. MAAS, M.D., CARLOS
E, MAAS, M.D., P.A., a Florida Corporation,
NASIR KHALIDI, M.D., NASIR KHALID! & SAKINA
KHALIDI, M.D., P.A., a Florida Corporation, ST.
JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a
Florida Corporation, FRANK COLUNGA, M.D. Charlotte Co,
©1056174 p
and CHRIS MICKELSON, M.D., 000 on
Case#: 0; 200)
unty Clerk
~ 14:20:27 ia: 2
moos it cg
ANSWER AND DEFENSES
Defendants, CARLOS E. MAAS, M.D. and CARLOS E. MAAS, M.D., P.A., answer the
Plaintiff's Complaint and say:
1. These Defendants are without knowledge as to the allegations
contained in Paragraphs One, Two, Three, Four, Six, Nine, Eleven, Thirteen, Fifteen,
Claim 499-26287-07-025 Page 1 of 4 91413/10039seventeen, Twenty-One, Twenty-Two, Twenty-Four, Twenty-Five, Twenty-Six, Twenty-
Seven, Twenty-cignt, Twenty-Nine, Thirty, Thirty-One, Thirty-Two, Thirty-Three,
Thirty-Four, Thirty-Five, Thirty-Six, Thirty-Seven, Thirty-Eight, Forty-Seven, Forty-Eight,
Forty-Nine, Fifty, Fifty-One, Fifty-Two, Fifty-Three, Fifty-Four, Fifty-Five, Fifty-Six, Fifty-
Seven, Fifty-Eight, Fifty-Nine, Sixty, Sixty-Three, Sixty-Four and Sixty-Five, and
demand strict proof thereof.
2. The allegations contained in Paragraphs Five, Seven, Eight, Ten, Twelve,
Fourteen, sixteen, Eighteen, Nineteen, Twenty and Twenty-Three are admitted.
3. in answer to Paragraphs Sixty-One and Sixty-Two, these Defendants
would admit that Defendants, CARLOS E. MAAS, M.D. and CARLOS E. MAAS, M.D., P.A.,
by and through its officers, agents, servants and employees, including CARLOS E.
MAAS, M.D., undertook the duty to provide proper care to the Plaintiff, MICHAEL
SIMON, with a level of skill, care and treatment which, under the circumstances,
would be recognized as acceptable and appropriate by similar healthcare providers
in similar medical communities, and at all times material hereto, CARLOS E. MAAS,
M.D. was an agent, servant, officer or employee of CARLOS E. MAAS, M.D., P.A. and
was acting in the course and scope of his employment or agency of CARLOS E. MAAS,
M.D., P.A. All further allegations of Paragraphs Sixty-One and Sixty-Two not
specifically admitted are denied.
4 The allegations contained in Paragraph Thirty-Nine are denied.
5 The allegations contained in Paragraphs Forty-Six and Seventy-Two are
denied as they may pertain to these Defendants. These Defendants are without
claim ¢99-26287-07-026 Page 2 of 4 01413/10039knowledge of the allegations of said paragraphs as they may pertain to co-
Defendants herein and demand strict proof thereof.
AFFIRMATIVE DEFENSES
4. The Plaintiff has received, or is entitied to receive, compensation by
way of collateral source, and these Defendants would claim a setoff for any
collateral source payments received or entitled to be received.
2. The claims asserted by the Plaintiff herein arise out of acts performed
by others for whom these Defendants were not responsible and over whom these
Defendants have no ability, rignt or authority to control.
3. There is no nexus between the death of Plaintiff's Decedent, MICHAEL
SIMON, and any and all alleged negligence on the part of these Defendants and,
therefore, this action should fail due to the absence of proximate cause.
4, Any injury or damage that the decedent or the Plaintiff may have
suffered was solely the result of the natural, inexorable process of human disease
or condition, and not the act or omission of these Defendants.
5. These Defendants assert that they are entitled to all protections and
benefits pursuant to Florida Statute Chapters 766 and 768.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by regular U.S. Mail delivery to THOMAS A. CULMO, ESQUIRE (Counsel for
Plaintiff) at 2950 Southwest 27th Avenue, Miami, Florida 33133; to LYNN #H.
GROSECLOSE, ESQUIRE (Counsel for Dr. Asperilia) at Post Office Box 49676, Sarasota,
Claim #99-26787-07.026 Page 3 of 4 o1413/10038Florida 34230; to RALPH MARCHBANK, ESQUIRE (Counsel for Dr. Colunga) at 1750
Ringling Boulevard, Sarasota, Florida 34236-6859; to ROSS L. FOGLEMAN, Ill, ESQUIRE
(Counsel for Dr. Nandigam) at 3400 South Tamiami Trail, Suite 302, Sarasota, Florida
34239: to RONALD H. JOSEPHER, ESQUIRE (Counsel for Dr. Wanzy) at 100 South Ashley
Drive, Suite 1190, Tampa, Florida 33602; and to DENNIS A. KOLTUN, ESQUIRE, at 7101
Southwest 102nd Avenue, Miami, Florida 33173, this day, FEB - 8 2000 .
SLE CCE Kjcns
Kove
binetn ¢. Deacon, Jr., Esquire
“ EACON & MOULDS, P.A.
Post Office Box 16607
St. Petersburg, FL 33733-6607
Telephone: (727) 551-0000
FL Bar No. 0094202; SPN: 00361546
Attys for Defendants, Carlos E. Maas
M.D. and Carlos £. Maas, M.D., P.A.
cc: Ms. Kathy Bennett
Coral Gables
claim #98-26267-07-026 Page 4 of 4 01413/10038
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT STATE OF FLORIDA, COUNTY OF CHARLOTTE CIVIL DIVISION SALLY SIMON, as Personal Representative of tne Estate of MICHAEL SIMON, Plaintiff, VS. Case No. 00-120-CA MARK ASPERILLA, M.D., MARK ASPERILLA, M.D., P.A., a Florida Corporation, DALE GREENBERG, M.D., RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE & GREENBERG, M.D., P.A., a Florida Corporation, SAMUEL ESTEPA, M.D., PRIMARY CARE PHYSICIANS, INC., a Florida Corporation, THOMAS K. WANZY, M.D., THOMAS K. WANZY, M.D., P.A., a Florida Corporation, BALA K. NANDIGAM, M.D., CHARLOTTE MEDICAL ASSOCIATES, P.A., a Florida Corporation, MOIDEN MOOPEN, M.D., MOIDEN MOOPEN, M.D., P.A., a Florida Corporation, CARLOS E. MAAS, M.D., CARLOS E, MAAS, M.D., P.A., a Florida Corporation, NASIR KHALIDI, M.D., NASIR KHALID! & SAKINA KHALIDI, M.D., P.A., a Florida Corporation, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida Corporation, FRANK COLUNGA, M.D. Charlotte Co, ©1056174 p and CHRIS MICKELSON, M.D., 000 on Case#: 0; 200) unty Clerk ~ 14:20:27 ia: 2 moos it cg ANSWER AND DEFENSES Defendants, CARLOS E. MAAS, M.D. and CARLOS E. MAAS, M.D., P.A., answer the Plaintiff's Complaint and say: 1. These Defendants are without knowledge as to the allegations contained in Paragraphs One, Two, Three, Four, Six, Nine, Eleven, Thirteen, Fifteen, Claim 499-26287-07-025 Page 1 of 4 91413/10039seventeen, Twenty-One, Twenty-Two, Twenty-Four, Twenty-Five, Twenty-Six, Twenty- Seven, Twenty-cignt, Twenty-Nine, Thirty, Thirty-One, Thirty-Two, Thirty-Three, Thirty-Four, Thirty-Five, Thirty-Six, Thirty-Seven, Thirty-Eight, Forty-Seven, Forty-Eight, Forty-Nine, Fifty, Fifty-One, Fifty-Two, Fifty-Three, Fifty-Four, Fifty-Five, Fifty-Six, Fifty- Seven, Fifty-Eight, Fifty-Nine, Sixty, Sixty-Three, Sixty-Four and Sixty-Five, and demand strict proof thereof. 2. The allegations contained in Paragraphs Five, Seven, Eight, Ten, Twelve, Fourteen, sixteen, Eighteen, Nineteen, Twenty and Twenty-Three are admitted. 3. in answer to Paragraphs Sixty-One and Sixty-Two, these Defendants would admit that Defendants, CARLOS E. MAAS, M.D. and CARLOS E. MAAS, M.D., P.A., by and through its officers, agents, servants and employees, including CARLOS E. MAAS, M.D., undertook the duty to provide proper care to the Plaintiff, MICHAEL SIMON, with a level of skill, care and treatment which, under the circumstances, would be recognized as acceptable and appropriate by similar healthcare providers in similar medical communities, and at all times material hereto, CARLOS E. MAAS, M.D. was an agent, servant, officer or employee of CARLOS E. MAAS, M.D., P.A. and was acting in the course and scope of his employment or agency of CARLOS E. MAAS, M.D., P.A. All further allegations of Paragraphs Sixty-One and Sixty-Two not specifically admitted are denied. 4 The allegations contained in Paragraph Thirty-Nine are denied. 5 The allegations contained in Paragraphs Forty-Six and Seventy-Two are denied as they may pertain to these Defendants. These Defendants are without claim ¢99-26287-07-026 Page 2 of 4 01413/10039knowledge of the allegations of said paragraphs as they may pertain to co- Defendants herein and demand strict proof thereof. AFFIRMATIVE DEFENSES 4. The Plaintiff has received, or is entitied to receive, compensation by way of collateral source, and these Defendants would claim a setoff for any collateral source payments received or entitled to be received. 2. The claims asserted by the Plaintiff herein arise out of acts performed by others for whom these Defendants were not responsible and over whom these Defendants have no ability, rignt or authority to control. 3. There is no nexus between the death of Plaintiff's Decedent, MICHAEL SIMON, and any and all alleged negligence on the part of these Defendants and, therefore, this action should fail due to the absence of proximate cause. 4, Any injury or damage that the decedent or the Plaintiff may have suffered was solely the result of the natural, inexorable process of human disease or condition, and not the act or omission of these Defendants. 5. These Defendants assert that they are entitled to all protections and benefits pursuant to Florida Statute Chapters 766 and 768. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail delivery to THOMAS A. CULMO, ESQUIRE (Counsel for Plaintiff) at 2950 Southwest 27th Avenue, Miami, Florida 33133; to LYNN #H. GROSECLOSE, ESQUIRE (Counsel for Dr. Asperilia) at Post Office Box 49676, Sarasota, Claim #99-26787-07.026 Page 3 of 4 o1413/10038Florida 34230; to RALPH MARCHBANK, ESQUIRE (Counsel for Dr. Colunga) at 1750 Ringling Boulevard, Sarasota, Florida 34236-6859; to ROSS L. FOGLEMAN, Ill, ESQUIRE (Counsel for Dr. Nandigam) at 3400 South Tamiami Trail, Suite 302, Sarasota, Florida 34239: to RONALD H. JOSEPHER, ESQUIRE (Counsel for Dr. Wanzy) at 100 South Ashley Drive, Suite 1190, Tampa, Florida 33602; and to DENNIS A. KOLTUN, ESQUIRE, at 7101 Southwest 102nd Avenue, Miami, Florida 33173, this day, FEB - 8 2000 . SLE CCE Kjcns Kove binetn ¢. Deacon, Jr., Esquire “ EACON & MOULDS, P.A. Post Office Box 16607 St. Petersburg, FL 33733-6607 Telephone: (727) 551-0000 FL Bar No. 0094202; SPN: 00361546 Attys for Defendants, Carlos E. Maas M.D. and Carlos £. Maas, M.D., P.A. cc: Ms. Kathy Bennett Coral Gables claim #98-26267-07-026 Page 4 of 4 01413/10038