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Filing # 111548757 E-Filed 08/10/2020 03:52:40 PM
IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO.: 2020-CA-002067
DIVISION: CV-C
JOHN VALIS,
Plaintiff,
vs.
CHRISTINE HITCHCOCK and
USAA CASUALTY INSURANCE
COMPANY,
Defendant.
/
DEFENDANT USAA CASUALTY INSURANCE COMPANY’S ANSWER AND
AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT
COMES NOW Defendant, USAA CASUALTY INSURANCE COMPANY (“USAA”),
by and through undersigned counsel, and files its Answer and Affirmative Defenses to Plaintiff's
Complaint, and in support thereof, states as follows:
1 Defendant USAA admits the allegations set forth in paragraph 1 for jurisdictional
purposes only, otherwise denied.
2 Defendant USAA is without knowledge of the allegations in paragraph 2, therefore
denied.
3 Defendant USAA is without knowledge as to the allegations in paragraph 3,
therefore denied.
4 Defendant USAA admits the allegations in paragraph 4.
5 Defendant USAA admits the allegations in paragraph 5.
6 Defendant USAA denies the allegations of paragraph 6.
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 08/11/2020 10:36:21 AM
COUNTI
CLAIM AGAINST DEFENDANT, CHRISTINE HITCHCOCK
Defendant USAA re-avers responses to paragraphs 1-6 above.
7 The allegations in this Count are not directed towards Defendant USAA, therefore
no response is necessary. To the extent the Court requires a response to these allegations from
Defendant USAA, the allegations are denied.
8. The allegations in this Count are not directed towards Defendant USAA, therefore
no response is necessary. To the extent the Court requires a response to these allegations from
Defendant USAA, the allegations are denied.
9 The allegations in this Count are not directed towards Defendant USAA, therefore
no response is necessary. To the extent the Court requires a response to these allegations from
Defendant USAA, the allegations are denied.
COUNT II
CLAIM AGAINST DEFENDANT, USAA CASUALTY INSURANCE COMPANY
Defendant USAA re-avers responses to paragraphs 1-6 above.
10 Defendant USAA admits the terms of the policy speak for themselves.
11 Defendant USAA admits the terms of the policy speak for themselves.
12 Defendant USAA admits the allegations in paragraph 12.
13. Defendant USAA denies the allegations in paragraph 13.
14 Defendant USAA denies the allegations in paragraph 14.
15 Defendant USAA denies the allegations in paragraph 15 (a through e)
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 failed to mitigate damages by failing to obtain reasonable and necessary
medical treatment and/or by failing to follow the medical recommendations of his 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 Plaintiff, or are payable
or available to, for, or on behalf of Plaintiff. Such collateral source payments must be deducted
from the jury verdict, if against this defendant. Additionally, by the terms of section 627.136(3),
Florida Statutes, if special damages are introduced into evidence, damages may not be awarded
for personal injury protection benefits paid or payable.
FIFTH AFFIRMATIVE DEFENSE
To the extent that certain non-parties were at fault in causing or contributing to the incident
and damages described in Plaintiff's Complaint, the Defendant is entitled to an apportionment of
fault and limitation of damages pursuant to section 768.81, Florida Statutes, and Fabre v. Marin.
SIXTH AFFIRMATIVE DEFENSE
In the event a verdict is returned against this defendant, it is entitled to a sett off against
such verdict for the insurance limits which have been paid or which are available to cover the at-
fault driver, owner, and vehicle.
SEVENTH AFFIRMATIVE DEFENSE
Defendant USAA states that its liability to the Plaintiff herein, if any, is limited and subject
to the terms, conditions, exclusions, and provisions of its policy of insurance.
EIGHTH AFFIRMATIVE DEFENSE
The investigation and discovery are continuing, and the Defendant reserves the right to
amend this answer and to add other affirmative defenses, or to correct any allegations in the answer
once the facts have been fully known.
DEMAND FOR TRIAL BY JURY
This Defendant further demands trial by jury on all issues thereby triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 10, 2020, a true and correct copy of the foregoing
was filed in compliance with Fla. R. Jud. Admin. 2.516 using the Florida Courts E-Filing Portal
which will send an electronic notice of filing and service copy to:
Michael D. Marrese, Esquire
Morgan & Morgan, P.A.
2601 N. Ponce de Leon Blvd.
St. Augustine, FL 32084
Email: Mmarrese@forthpeople.com
Attorneys for Plaintiff
MARSHALL DENNEHEY
WARNER COLEMAN & GOGGIN, P.C.
/s/ Kathleen A. Carlson
Kathleen A. Carlson
Florida Bar No. 111918
Primary E-Mail: kacarlson@mdweg.com
Secondary E-Mail: crthomas@mdweg.com;
mmelmgren@mdweg.com
200 West Forsyth Street, Suite 1400
Jacksonville, FL 32202
Telephone: (904) 358-4200
Facsimile: (904) 355-0019
Attorneys for Defendant USAA Casualty
Insurance Company
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Filing # 111548757 E-Filed 08/10/2020 03:52:40 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 2020-CA-002067 DIVISION: CV-C JOHN VALIS, Plaintiff, vs. CHRISTINE HITCHCOCK and USAA CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT USAA CASUALTY INSURANCE COMPANY’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT COMES NOW Defendant, USAA CASUALTY INSURANCE COMPANY (“USAA”), by and through undersigned counsel, and files its Answer and Affirmative Defenses to Plaintiff's Complaint, and in support thereof, states as follows: 1 Defendant USAA admits the allegations set forth in paragraph 1 for jurisdictional purposes only, otherwise denied. 2 Defendant USAA is without knowledge of the allegations in paragraph 2, therefore denied. 3 Defendant USAA is without knowledge as to the allegations in paragraph 3, therefore denied. 4 Defendant USAA admits the allegations in paragraph 4. 5 Defendant USAA admits the allegations in paragraph 5. 6 Defendant USAA denies the allegations of paragraph 6. ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 08/11/2020 10:36:21 AM COUNTI CLAIM AGAINST DEFENDANT, CHRISTINE HITCHCOCK Defendant USAA re-avers responses to paragraphs 1-6 above. 7 The allegations in this Count are not directed towards Defendant USAA, therefore no response is necessary. To the extent the Court requires a response to these allegations from Defendant USAA, the allegations are denied. 8. The allegations in this Count are not directed towards Defendant USAA, therefore no response is necessary. To the extent the Court requires a response to these allegations from Defendant USAA, the allegations are denied. 9 The allegations in this Count are not directed towards Defendant USAA, therefore no response is necessary. To the extent the Court requires a response to these allegations from Defendant USAA, the allegations are denied. COUNT II CLAIM AGAINST DEFENDANT, USAA CASUALTY INSURANCE COMPANY Defendant USAA re-avers responses to paragraphs 1-6 above. 10 Defendant USAA admits the terms of the policy speak for themselves. 11 Defendant USAA admits the terms of the policy speak for themselves. 12 Defendant USAA admits the allegations in paragraph 12. 13. Defendant USAA denies the allegations in paragraph 13. 14 Defendant USAA denies the allegations in paragraph 14. 15 Defendant USAA denies the allegations in paragraph 15 (a through e) 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 failed to mitigate damages by failing to obtain reasonable and necessary medical treatment and/or by failing to follow the medical recommendations of his 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 Plaintiff, or are payable or available to, for, or on behalf of Plaintiff. Such collateral source payments must be deducted from the jury verdict, if against this defendant. Additionally, by the terms of section 627.136(3), Florida Statutes, if special damages are introduced into evidence, damages may not be awarded for personal injury protection benefits paid or payable. FIFTH AFFIRMATIVE DEFENSE To the extent that certain non-parties were at fault in causing or contributing to the incident and damages described in Plaintiff's Complaint, the Defendant is entitled to an apportionment of fault and limitation of damages pursuant to section 768.81, Florida Statutes, and Fabre v. Marin. SIXTH AFFIRMATIVE DEFENSE In the event a verdict is returned against this defendant, it is entitled to a sett off against such verdict for the insurance limits which have been paid or which are available to cover the at- fault driver, owner, and vehicle. SEVENTH AFFIRMATIVE DEFENSE Defendant USAA states that its liability to the Plaintiff herein, if any, is limited and subject to the terms, conditions, exclusions, and provisions of its policy of insurance. EIGHTH AFFIRMATIVE DEFENSE The investigation and discovery are continuing, and the Defendant reserves the right to amend this answer and to add other affirmative defenses, or to correct any allegations in the answer once the facts have been fully known. DEMAND FOR TRIAL BY JURY This Defendant further demands trial by jury on all issues thereby triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 10, 2020, a true and correct copy of the foregoing was filed in compliance with Fla. R. Jud. Admin. 2.516 using the Florida Courts E-Filing Portal which will send an electronic notice of filing and service copy to: Michael D. Marrese, Esquire Morgan & Morgan, P.A. 2601 N. Ponce de Leon Blvd. St. Augustine, FL 32084 Email: Mmarrese@forthpeople.com Attorneys for Plaintiff MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, P.C. /s/ Kathleen A. Carlson Kathleen A. Carlson Florida Bar No. 111918 Primary E-Mail: kacarlson@mdweg.com Secondary E-Mail: crthomas@mdweg.com; mmelmgren@mdweg.com 200 West Forsyth Street, Suite 1400 Jacksonville, FL 32202 Telephone: (904) 358-4200 Facsimile: (904) 355-0019 Attorneys for Defendant USAA Casualty Insurance Company