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Filing # 176568380 E-Filed 06/30/2023 03:52:55 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 2023-CA-6709
DIVISION: CV-A
TERRY BROCK,
Plaintiff(s),
vs.
MISS BECKY SEAFOOD INC.,
Defendants.
______________________________________
DEFENDANT’S ANSWER TO AMENDED COMPLAINT
Defendant MISS BECKY SEAFOOD, INC., by and through its undersigned attorneys,
hereby answers the Plaintiff’s Complaint and states:
1. Admitted for jurisdictional purposes only. In all other regards, denied.
2. Upon information and belief, admitted.
3. Admitted.
4. Admitted.
5. It is admitted that the Defendant owed duties in accordance with Florida Law. In
all other regards, denied.
6. Admitted.
7. Unknown, therefore denied. It is admitted that the Defendant owed duties in
accordance with Florida Law. In all other regards, unknown, therefore denied.
9. Denied.
10. Admitted.
05442838
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/01/2023 11:26:14 PM
COUNT I
11. As set forth above.
12. It is admitted that the Defendant owed duties in accordance with Florida Law. In
all other regards, denied.
13. Denied.
14. Denied.
15. Denied.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Plaintiff was guilty of negligence which caused or proximately contributed to causing the
incident described in the Complaint and the alleged resulting injuries. Recovery, if any, should be
barred or reduced in proportion thereto.
SECOND AFFIRMATIVE DEFENSE
The Plaintiff has failed to mitigate damages by failing to obtain reasonable and necessary
medical treatment and/or by failing to follow the medical recommendations of his/her treating
healthcare providers and by failing to seek and accept employment.
THIRD AFFIRMATIVE DEFENSE
Defendant is entitled to a setoff against any verdict returned in this action to the extent that
Plaintiff has received any payment or benefits from any statutory collateral source.
FOURTH AFFIRMATIVE DEFENSE
Certain collateral source benefits were paid to, for, or on behalf of Plaintiffs, or are payable
or available to, for, or on behalf of Plaintiffs. Such collateral source payments must be deducted
from the jury verdict, if against this defendant. See §768.76, Florida Statutes.
05442838
FIFTH AFFIRMATIVE DEFENSE
Certain collateral source benefits were paid to, for, or on behalf of Plaintiffs, or are payable
or available to, for, or on behalf of Plaintiffs. Such collateral source payments must be deducted
from the jury verdict, if against this defendant. Additionally, by the terms of §627.736(3), Florida
Statutes, if special damages are introduced into evidence, damages may not be awarded for
personal injury protection benefits paid or payable.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff failed to keep a proper lookout and awareness of his/her surroundings and this
failure on the part of the Plaintiff caused or substantially contributed to causing the subject
incident.
DEMAND FOR JURY TRIAL
Defendant demands trial by jury in this matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by eService on June
30, 2023 to Joshua Frisbie, Esq., Morgan & Morgan P.A., (jfrisbie@forthepeople.com) 20 N.
Orange Ave., Ste. 1600, Orlando, FL 32801.
BOYD & JENERETTE, P.A.
________________________________
ROBERT E. SCHRADER, III
Florida Bar Number: 15180
JENNIFER L. MEIER
Florida Bar No. 1018374
201 North Hogan Street, Suite 400
Jacksonville, Florida 32202
904-353-6241 – Telephone
904-353-2863 – Facsimile
05442838
Attorneys for Defendant
Primary Address for E-service:
efiling@boydjen.com
05442838
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Filing # 176568380 E-Filed 06/30/2023 03:52:55 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 2023-CA-6709 DIVISION: CV-A TERRY BROCK, Plaintiff(s), vs. MISS BECKY SEAFOOD INC., Defendants. ______________________________________ DEFENDANT’S ANSWER TO AMENDED COMPLAINT Defendant MISS BECKY SEAFOOD, INC., by and through its undersigned attorneys, hereby answers the Plaintiff’s Complaint and states: 1. Admitted for jurisdictional purposes only. In all other regards, denied. 2. Upon information and belief, admitted. 3. Admitted. 4. Admitted. 5. It is admitted that the Defendant owed duties in accordance with Florida Law. In all other regards, denied. 6. Admitted. 7. Unknown, therefore denied. It is admitted that the Defendant owed duties in accordance with Florida Law. In all other regards, unknown, therefore denied. 9. Denied. 10. Admitted. 05442838 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/01/2023 11:26:14 PM COUNT I 11. As set forth above. 12. It is admitted that the Defendant owed duties in accordance with Florida Law. In all other regards, denied. 13. Denied. 14. Denied. 15. Denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff was guilty of negligence which caused or proximately contributed to causing the incident described in the Complaint and the alleged resulting injuries. Recovery, if any, should be barred or reduced in proportion thereto. SECOND AFFIRMATIVE DEFENSE The Plaintiff has failed to mitigate damages by failing to obtain reasonable and necessary medical treatment and/or by failing to follow the medical recommendations of his/her treating healthcare providers and by failing to seek and accept employment. THIRD AFFIRMATIVE DEFENSE Defendant is entitled to a setoff against any verdict returned in this action to the extent that Plaintiff has received any payment or benefits from any statutory collateral source. FOURTH AFFIRMATIVE DEFENSE Certain collateral source benefits were paid to, for, or on behalf of Plaintiffs, or are payable or available to, for, or on behalf of Plaintiffs. Such collateral source payments must be deducted from the jury verdict, if against this defendant. See §768.76, Florida Statutes. 05442838 FIFTH AFFIRMATIVE DEFENSE Certain collateral source benefits were paid to, for, or on behalf of Plaintiffs, or are payable or available to, for, or on behalf of Plaintiffs. Such collateral source payments must be deducted from the jury verdict, if against this defendant. Additionally, by the terms of §627.736(3), Florida Statutes, if special damages are introduced into evidence, damages may not be awarded for personal injury protection benefits paid or payable. SIXTH AFFIRMATIVE DEFENSE Plaintiff failed to keep a proper lookout and awareness of his/her surroundings and this failure on the part of the Plaintiff caused or substantially contributed to causing the subject incident. DEMAND FOR JURY TRIAL Defendant demands trial by jury in this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by eService on June 30, 2023 to Joshua Frisbie, Esq., Morgan & Morgan P.A., (jfrisbie@forthepeople.com) 20 N. Orange Ave., Ste. 1600, Orlando, FL 32801. BOYD & JENERETTE, P.A. ________________________________ ROBERT E. SCHRADER, III Florida Bar Number: 15180 JENNIFER L. MEIER Florida Bar No. 1018374 201 North Hogan Street, Suite 400 Jacksonville, Florida 32202 904-353-6241 – Telephone 904-353-2863 – Facsimile 05442838 Attorneys for Defendant Primary Address for E-service: efiling@boydjen.com 05442838