On August 31, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Anna Yurko,
and
Skyla Sollowen,
for AUTO NEGLIGENCE
in the District Court of Volusia County.
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Filing # E-Filed 11/05/2021 06:03:58 PM
IN THE CIRCUIT COURT SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
ANNA YURKO, CASE NO.: 2021-11271 CIDL
Plaintiff,
vs.
SKYLA SOLLOWEN,
Defendant.
/
ANSWER AND AFFIRMATIVE DEFENSES AND MOTION TO STRIKE
Comes now Defendant, Skyla Sollowen, by and through the attorney undersigned and files
this Answer and Affirmative Defenses and Motion to Strike as follows:
1. Denied.
2. Admitted.
3. Admitted.
4. Admitted.
5. Defendant is without knowledge of the allegations contained within this Paragraph
and would therefore deny, demanding strict proof thereof.
COUNT I
6. Defendant realleges and incorporates paragraphs 1-5 as if fully set forth herein.
7. As framed, Defendant is without knowledge of the allegations contained within this
Paragraph and would therefore deny, demanding strict proof thereof.
8. Admitted.
9. As framed, Defendant is without knowledge of the allegations contained within this
Paragraph and would therefore deny, demanding strict proof thereof.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Denied.
AFFIRMATIVE DEFENSES
By way of Defense and Affirmative Defense, Defendant asserts the following:
First Affirmative Defense
Failure to Mitigate. Defendant affirmatively states that, as a result of Plaintiffs negligence
for failure to mitigate their damages, Plaintiff's damages should be reduced in proportion
to Plaintiffs negligence for failure to mitigate damages.
Second Affirmative Defense
Overbilling. The treatment provided to Plaintiffs was overbilled by her medical
providers, due to amongst other things, the referral and financial relationship between
Plaintiff's counsel and Plaintiffs' medical providers.
Third Affirmative Defense
Injury Causation. Defendant affirmatively states that the injuries and losses complained
of by Plaintiffs occurred either prior to or subsequent to the accident referred in the
Complaint; alternatively, said injuries and losses are in no way related to the accident
referred to in the Complaint, thus barring or reducing proportionately all claims for
damages against this Defendant.
Fourth Affirmative Defense
Treatment/Expense Not Medically Reasonable, Necessary and Related. Defendant alleges that
the medical expenses/wages claimed by Plaintiffs were not medically reasonable, related, and
necessary in connection with the subject accident and Plaintiffs are not entitled to any
reimbursement of unreasonable or unnecessary expenses, due to amongst other things, the
referral and financial relationship between Plaintiffs' counsel and Plaintiffs' medical
providers.
Fifth Affirmative Defense
Set Off. Pursuant to Section 627.736(3), Florida Statutes, Defendant is entitled to a set off
against any recovery against it to the extent of personal injury protection benefits which
were paid or payable to the Plaintiffs.
Sixth Affirmative Defense
Collateral Source. Pursuant to Section 768.76, Florida Statutes, Defendant is entitled to a
set off against any recovery against it to the extent of the value of all benefits received by
or paid on behalf of the Plaintiffs from any collateral source.
Seventh Affirmative Defense
Failure to Meet Threshold of Damages. Defendant affirmatively states that the Plaintiffs
have failed to meet the threshold level of damages required to recover in tort law pursuant
to Section 627.737, Florida Statutes.
DEMAND FOR JURY TRIAL
Defendant demands a trial by jury on all issues of fact triable by right before a jury.
MOTION TO STRIKE
Comes now Defendant, Skyla Sollowen, by and through the attorney undersigned and
respectfully moves this Honorable Court to strike Plaintiff's wherefore clause wherein plaintiff
seeks "attorney's fees and a fee multiplier for attorney's fees" as baseless and without standing
by contract or statute.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
electronic mail via the Court's E-Portal to all known designated addresses for Craig R. Lynd,
Esquire, Jeffrey Kaufman, Esquire, KAUFMAN & LYND PLLC., 200 E. Robinson Street,
Orlando, FL 32801 ( email: craiglynd@kaufmanlynd.com; rrosso@kaufmanlynd.com;
litigation@kaufmanlynd.com) this 5 day of November 2021.
CAMERON, HODGES. COLEMAN,
LaPOINTE & WRIGHT, P.A.
/s/ Virgil W. Wright III
VIRGIL W. WRIGHT III, ESQUIRE
Florida Bar No. 993141
AMBER DAVIDS, ESQUIRE
Florida Bar No. 116150
120 S. Palmetto Avenue
Daytona Beach, FL 32114
Phone: 386-257-1755
Fax 386-252-5601
Designated Electronic Mail:
serviceJP@cameronhodges2.com
serviceVWW@cameronhodges3.com
Attorney for Defendant
Document Filed Date
November 05, 2021
Case Filing Date
August 31, 2021
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Filing # E-Filed 11/05/2021 06:03:58 PM IN THE CIRCUIT COURT SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA ANNA YURKO, CASE NO.: 2021-11271 CIDL Plaintiff, vs. SKYLA SOLLOWEN, Defendant. / ANSWER AND AFFIRMATIVE DEFENSES AND MOTION TO STRIKE Comes now Defendant, Skyla Sollowen, by and through the attorney undersigned and files this Answer and Affirmative Defenses and Motion to Strike as follows: 1. Denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Defendant is without knowledge of the allegations contained within this Paragraph and would therefore deny, demanding strict proof thereof. COUNT I 6. Defendant realleges and incorporates paragraphs 1-5 as if fully set forth herein. 7. As framed, Defendant is without knowledge of the allegations contained within this Paragraph and would therefore deny, demanding strict proof thereof. 8. Admitted. 9. As framed, Defendant is without knowledge of the allegations contained within this Paragraph and would therefore deny, demanding strict proof thereof. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. AFFIRMATIVE DEFENSES By way of Defense and Affirmative Defense, Defendant asserts the following: First Affirmative Defense Failure to Mitigate. Defendant affirmatively states that, as a result of Plaintiffs negligence for failure to mitigate their damages, Plaintiff's damages should be reduced in proportion to Plaintiffs negligence for failure to mitigate damages. Second Affirmative Defense Overbilling. The treatment provided to Plaintiffs was overbilled by her medical providers, due to amongst other things, the referral and financial relationship between Plaintiff's counsel and Plaintiffs' medical providers. Third Affirmative Defense Injury Causation. Defendant affirmatively states that the injuries and losses complained of by Plaintiffs occurred either prior to or subsequent to the accident referred in the Complaint; alternatively, said injuries and losses are in no way related to the accident referred to in the Complaint, thus barring or reducing proportionately all claims for damages against this Defendant. Fourth Affirmative Defense Treatment/Expense Not Medically Reasonable, Necessary and Related. Defendant alleges that the medical expenses/wages claimed by Plaintiffs were not medically reasonable, related, and necessary in connection with the subject accident and Plaintiffs are not entitled to any reimbursement of unreasonable or unnecessary expenses, due to amongst other things, the referral and financial relationship between Plaintiffs' counsel and Plaintiffs' medical providers. Fifth Affirmative Defense Set Off. Pursuant to Section 627.736(3), Florida Statutes, Defendant is entitled to a set off against any recovery against it to the extent of personal injury protection benefits which were paid or payable to the Plaintiffs. Sixth Affirmative Defense Collateral Source. Pursuant to Section 768.76, Florida Statutes, Defendant is entitled to a set off against any recovery against it to the extent of the value of all benefits received by or paid on behalf of the Plaintiffs from any collateral source. Seventh Affirmative Defense Failure to Meet Threshold of Damages. Defendant affirmatively states that the Plaintiffs have failed to meet the threshold level of damages required to recover in tort law pursuant to Section 627.737, Florida Statutes. DEMAND FOR JURY TRIAL Defendant demands a trial by jury on all issues of fact triable by right before a jury. MOTION TO STRIKE Comes now Defendant, Skyla Sollowen, by and through the attorney undersigned and respectfully moves this Honorable Court to strike Plaintiff's wherefore clause wherein plaintiff seeks "attorney's fees and a fee multiplier for attorney's fees" as baseless and without standing by contract or statute. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail via the Court's E-Portal to all known designated addresses for Craig R. Lynd, Esquire, Jeffrey Kaufman, Esquire, KAUFMAN & LYND PLLC., 200 E. Robinson Street, Orlando, FL 32801 ( email: craiglynd@kaufmanlynd.com; rrosso@kaufmanlynd.com; litigation@kaufmanlynd.com) this 5 day of November 2021. CAMERON, HODGES. COLEMAN, LaPOINTE & WRIGHT, P.A. /s/ Virgil W. Wright III VIRGIL W. WRIGHT III, ESQUIRE Florida Bar No. 993141 AMBER DAVIDS, ESQUIRE Florida Bar No. 116150 120 S. Palmetto Avenue Daytona Beach, FL 32114 Phone: 386-257-1755 Fax 386-252-5601 Designated Electronic Mail: serviceJP@cameronhodges2.com serviceVWW@cameronhodges3.com Attorney for Defendant