Answer: FRANK JONES vs JACKSONVILLE TRANSIT AUTHORITY

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                                Filing # 163733103 E-Filed 12/28/2022 10:25:45 AM


                                                                         IN THE CIRCUIT COURT, FOURTH
                                                                         JUDICIAL CIRCUIT, IN AND FOR
                                                                         DUVAL COUNTY, FLORIDA

                                                                         CASE NO.:    16-2022-CA-006365
                                                                         DIVISION:    CV-B

            FRANK JONES,


                        Plaintiff,

            Vv.


            JACKSONVILLE TRANSIT AUTHORITY
            And JEA,

                        Defendants.



              DEFENDANT JACKSONVILLE TRANSPORTATION AUTHORITY’S ANSWER AND
                                        AFFIRMATIVE DEFENSES TO COMPLAINT


                        Defendant, Jacksonville Transportation Authority (“JTA”)',       answers and defends the

            complaint filed in this action, and responds to the correspondingly numbered paragraphs of the

            complaint as follows:

                        1       Admitted for jurisdictional purposes only.

                        2       Without knowledge, therefore, denied.

                                Denied as framed. See § 1.101, Charter of the City of Jacksonville.

                                This paragraph does not apply to Defendant JTA, therefore, an answer is not

            required.

                                Admitted for purposes of venue only.



            1“Jacksonville Transit Authority” is not a legal entity in which a lawsuit may be brought against.
            The proper party is the “Jacksonville Transportation Authority.”

                                                                  1




ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK,                         12/28/2022 04:30:54 PM
Denied.

                  Without knowledge, therefore denied.

                  Admitted.

                  Admitted for jurisdictional purposes only.

                            COUNT ONE
    NEGLIGENCE AGAINST JACKSONVILLE TRANSPORTATION AUTHORITY

         10.      Denied. Defendant reaffirms the answers to paragraphs | through 9 as stated

above.

         11       Denied.

         12       Denied.

         13.      Admitted as to the duties imposed by law, otherwise denied.

         14       Admitted as to the duties imposed by law, otherwise denied.

         15       Denied.

         16       Denied.

         17       Denied.

         18       Admitted as to the duties imposed by law, otherwise denied.

         19       Denied.

                                             COUNT TWO
                                   NEGLIGENCE        AGAINST JEA

         20-29.     The allegations in paragraphs 20 through 29 do not apply to Defendant JTA,

therefore no response is required. To the extent that any of the allegations were intended to

apply to Defendant JTA, they are denied.


                                     AFFIRMATIVE DEFENSES

         1        Defendant is immune from tort liability except to the extent it is waived in Section
768.28, Florida Statutes.

        2          Plaintiff has received, or is entitled to receive, or may in the future receive,

compensation for injuries and damages sustained from collateral sources and Defendant claims a

setoff for said compensation, pursuant to Florida Statutes.

        3          Plaintiff is not entitled to recover economic damages         for those past medical

expenses, if any, written off by the medical care providers or reduced by agreement between the

medical care providers and insurers, regardless of whether such write-offs constitute collateral

sources as defined in Section 768.76, Florida Statutes, or by common law.

        4          Plaintiff has failed to mitigate his damages and by his failure contributed to the

extent of the injuries claimed; accordingly, the damages should be barred or reduced in proportion

to said failure.

        5          Plaintiff's injuries were solely or partially caused by the negligence of other persons

who   are not parties to this lawsuit for whom         this Defendant is not legally responsible, and

Defendant is therefore entitled to an apportionment of fault pursuant to section 768.81, Florida

Statutes.

        6          Plaintiff was himself negligent, and such negligence was the actual and proximate

cause of some or all of his injuries; his damages should therefore be reduced in proportion to his

negligence.

                                     DEMAND FOR JURY TRIAL

        Defendant, Jacksonville Transportation Authority, demands trial by jury for all issues

triable by jury.
OFFICE OF GENERAL COUNSEL
                                             CITY OF JACKSONVILLE

                                             /s/ Coreylyn C. Brown
                                             Coreylyn C. Brown
                                             Assistant General Counsel
                                             Florida Bar No.: 99362
                                             117 West Duval Street, Suite 480
                                             Jacksonville, Florida 32202
                                             Telephone 904.255.5071
                                             Primary Email: ccbrown@coj.net
                                              Secondary Email: arjenkins@coj.net
                                             ATTORNEY FOR DEFENDANT JTA



                                CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on this 28" day of December, 2022, a true and correct copy of

this document was served via the Florida Courts E-filing portal to counsel of record.




                                             /s/ Coreylyn C. Brown
                                             Assistant General Counsel