Preview
Filing # 129662583 E-Filed 06/28/2021 05:18:10 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE 21-008882
DARREN J HILL, Sr.,
Plaintiff,
V.
CLEVELAND CLINIC WESTON HOSPITAL
NONPROFIT CORPORATION, a Florida Corporation,
Defendant.
i
DEFENDANT CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT
CORPORATION,a Florida Corporation's ANSWER, DENIAL AND AFFIRMATIVE
DEFENSES TO PLAINTIFF'S COMPLAINT
Cleveland Clinic Weston Hospital Nonprofit Corporation, a Florida Corporation
(hereinafter "Cleveland Clinic Hospital"), by and through its undersigned counsel, hereby files
its Answer, Denial and Affirmative Defenses to Plaintiff's Complaint and states as follows:
JURISDICTION
1. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 1.
PARTIES
2. Defendant Cleveland Clinic Hospital is without knowledge of the allegations in
paragraph 2 and thus denies the same and demands strict proof thereof.
3. Defendant Cleveland Clinic Hospital admits those allegations in paragraph 3 in
is corporation doing business in the State of
which it is alleged that Cleveland Clinic Hospital a
Florida. The remainder of the allegations in paragraph 3, as phrased, are denied.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/28/2021 05:18:10 PM.****
Case No.: CACE 21-008882
VENUE
denies the allegations, phrased, in
4. Defendant Cleveland Clinic Hospital as
is proper in
paragraph 4. However, Defendant Cleveland Clinic Hospital admits that venue
Broward County, Florida.
GENERAL ALLEGATIONS
phrased, the allegations in
5. Defendant Cleveland Clinic Hospital denies, as
paragraph 5.
COUNT I -
NEGLIGENCE CLAIM AGAINS CLEVELAND CLINIC HOSPITAL
Defendant Cleveland Clinic Hospital realleges and readopts by reference its responses
contained in paragraphs 1 -5 as if set forth at length herein.
6. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 6.
7. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 71.
8. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 8.
9. Defendant Cleveland Clinic Hospital admits that it had a duty to maintain its
premises in a reasonably safe condition, correct any dangerous condition of which it either knew
or should have known by the use of reasonable care, and to warn of any dangerous conditions
concerning which it had, or should have had, knowledge greater than that of Plaintiff. Defendant
Cleveland Clinic Hospital denies the remainder of the allegations in paragraph 9 and expressly
denies that it breached any of these duties.
10. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 10, and
all subparts thereto.
11. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 11.
1
The address 2930 Cleveland Clinic Blvd. does not exist. Cleveland Clinic Hospital is located at 2950 Cleveland
Clinic Blvd. Weston, FL 3333 1.
2
Case No.: CACE 21-008882
12. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 12.
13. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 13.
GENERAL DENIAL
14. Defendant Cleveland Clinic Hospital denies each and every allegation of fact,
conclusion of law, or other matter contained in Plaintiffs Complaint that has not been expressly
admitted in paragraphs 1 -
13, above. Defendant Cleveland Clinic Hospital further denies any
liability and denies that Plaintiffis entitled to any of the relief requested in the Complaint.
AFFIRMATIVE DEFENSES
1. As a first affirmative defense, Defendant Cleveland Clinic Hospital states that any
amount awarded to the Plaintiff is subject to the reduction of the total of all amounts that have
been paid for the benefit of the Plaintiff or is otherwise available to Plaintiff from all collateral
sources as provided by Florida Statute §768.76.
2. As a second affirmative defense, Defendant Cleveland Clinic Hospital reserves
the right to amend and/or supplement this Answer with additional defenses pending the outcome
of future discovery in this matter, including but not limited to identifying Fabre Defendants, if
any.
3. As a third affirmative defense, Defendant Cleveland Clinic Hospital states that
even if the Defendant Cleveland Clinic Hospital is found to have been negligent in maintainingits
premises, said negligence was not the proximate cause of damages to Darren J. Hill, Sr. as alleged
in Plaintiff's Complaint.
4. As a fourth affirmative defense, Defendant Cleveland Clinic Hospital states that
damages, if any, suffered by Plaintiff were as a result of the action of other persons or entities for
whom this Defendant is not responsible and therefore no claim lies against this Defendant. Any
3
Case No.: CACE 21-008882
currently unknown third party who may be liable will be disclosed in accordance with Florida
Supreme Court law. Other persons or entities for whom Defendant Cleveland Clinic Hospital has
no responsibility may include those persons who are not agents of Defendant Cleveland Clinic
Hospital, actual, apparent or otherwise.
5. As a fifth affirmative defense, Defendant Cleveland Clinic Hospital states that at
all times material herein, the matters alleged by Plaintiff occurred above and beyond the foresight
of a reasonably prudent person and were caused by actions and/or omissions of third persons
and/or conditions beyond the control of Defendant Cleveland Clinic Hospital.
6. As a sixth affirmative defense, Defendant Cleveland Clinic Hospital is entitled to
the benefits and protections regarding alternative methods of payment for a damage award, if any,
as to periodic payments for future economic losses and expenses as set forth in §768.78, Fla. Stat.
7. As a seventh affirmative defense, Defendant Cleveland Clinic Hospital states that
the amount of any verdict for medical bills charged but not paid and for which Plaintiff is not
liable should be reduced to that amount actually paid by Plaintiff or that amount paid on
Plaintiffs behalf.
8. As an eighth affirmative defense, Defendant Cleveland Clinic Hospital states that
Plaintiff has failed to state a cause of action as to this Defendant, and, as such Plaintiff' s claims
must be dismissed as a matter of law.
9. As a ninth affirmative defense, Defendant Cleveland Clinic Hospital states that
should be reduced pursuant to the doctrine
any award to which Plaintiffmay be otherwise entitled
of comparative fault pursuant to Florida Stat. §768.81.
4
Case No.: CACE 21-008882
10. As an tenth affirmative defense, Defendant Cleveland Clinic Hospital states
required by Florida law and any award to which
Plaintiff has failed to mitigate damages as
Plaintiff may be otherwise entitled should be proportionatelyreduced.
11. As an eleventh affirmative defense, Defendant Cleveland Clinic Hospital states
that this cause of action is barred by the applicable Statute of Limitations.
12. As a twelfth affirmative defense, Defendant Cleveland Clinic Hospital is entitled
to a credit or set-off for any payments received or receivable by Plaintiff herein for any damages
from any collateral whatsoever, including but not limited to
alleged in the Complaint source
payments from any health insurance, health plan benefits, Medicare, social security, or any other
in this
private or public funding source which either reimbursed Plaintifffor any damages claimed
case or reduced the amount of bills of decedent or Plaintiff, as set forth in Florida Statute §768.76.
13. As a thirteenth affirmative defense, Defendant Cleveland Clinic Hospital states
that Darren J. Hill, Sr. was guilty of negligence which proximately caused or contributed to any
injuries or damages he may have sustained and any award to which he may otherwise be entitled
should be reduced accordingly pursuant to the doctrine of comparative negligence as provided by
§ 768.81, Fla. Stat. The conduct of Darren J. Hill, Sr. that may constitute comparativenegligence
may be disclosed in discovery which has just commenced.
14. As a fourteenth affirmative defense, Defendant Cleveland Clinic Hospital states
that, to the extent Darren J. Hill, Sr. claims that Defendant Cleveland Clinic Hospital should have
known of the dangerous condition about which he complains, any such condition was equally
open, obvious and readily apparent to him as a result of which Defendant Cleveland Clinic
held liable for failure to failure to correct such condition as a matter of
Hospital cannot be warn or
law.
5
Case No.: CACE 21-008882
15. As a fifteenth affirmative defense, Defendant Cleveland Clinic Hospital would
show that its knowledge of the condition of which Darren J. Hill, Sr. complains, if any, was not
to that of Darren J. Hill, Sr. reasonably obtainable by Darren J. Hill, Sr., as a
superior or was as
result of which Plaintiff is not entitled to recover in this action as a matter of law.
16. As a sixteenth affirmative defense, Defendant Cleveland Clinic Hospital states
that Defendant Cleveland Clinic Hospital had no actual or constructive notice of the alleged
hazard and thus no duty to Darren J. Hill, Sr. to warn of or protect from said hazard.
17. As an seventeenth affirmative defense, Defendant Cleveland Clinic Hospital
states that Darren J. Hill, Sr. either knew of the alleged hazard or could have discovered any
alleged hazard on the premises by exercising the use of due care and failed to do so, thereby
eliminating any ability for recovery in this action as a matter of law.
18. As a eighteenth affirmative defense, Defendant Cleveland Clinic Hospital states
that Darren J. Hill, Sr. knowingly and voluntarily assumed the risk alleged in this complaint and
thus subjected himself to those risks inherent in the activity in which he was engaging at the time,
the risk of injury and
as well as the conditions of which he now complains, thereby assuming
damages complained of and reducing Plaintiff's recovery proportionately.
19. Defendant Cleveland Clinic Hospital reserves the right to amend and/or
with additional defenses pending the outcome of future discovery in this
supplement this answer
matter.
DEMAND FOR JURY TRIAL
WHEREFORE, Defendant Cleveland Clinic West Hospital Nonprofit Corporation, a
Florida Corporation, demands a trial by jury for all issues so triable.
6
Case No.: CACE 21-008882
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and
served
for Plaintiff: Vincent T.
this 28th of June, 2021, via the Florida Courts E-Portal to attorneys
day
Brown, Esq., The Brown Law Group, P,A., 1195 N,W. 119th Street, Suite 202, Miami, Florida,
33168,
STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON, P.A.
Attorneys for Cleveland Clinic Hospital
200 East Las Olas Boulevard, Suite 2100
Ft. Lauderdale, Florida 33301
Phone: (954) 462-9500
Fax: (954) 462-4567
By:
pOUQ 6 AHBIB, ESQ.
FBN: 008060 C,
MATTHEW S. PODOLNICK, ESQ.
FBN: 112126
#9595262 vl
7
Preview
Filing # 129662583 E-Filed 06/28/2021 05:18:10 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE 21-008882 DARREN J HILL, Sr., Plaintiff, V. CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION, a Florida Corporation, Defendant. i DEFENDANT CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION,a Florida Corporation's ANSWER, DENIAL AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT Cleveland Clinic Weston Hospital Nonprofit Corporation, a Florida Corporation (hereinafter "Cleveland Clinic Hospital"), by and through its undersigned counsel, hereby files its Answer, Denial and Affirmative Defenses to Plaintiff's Complaint and states as follows: JURISDICTION 1. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 1. PARTIES 2. Defendant Cleveland Clinic Hospital is without knowledge of the allegations in paragraph 2 and thus denies the same and demands strict proof thereof. 3. Defendant Cleveland Clinic Hospital admits those allegations in paragraph 3 in is corporation doing business in the State of which it is alleged that Cleveland Clinic Hospital a Florida. The remainder of the allegations in paragraph 3, as phrased, are denied. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/28/2021 05:18:10 PM.**** Case No.: CACE 21-008882 VENUE denies the allegations, phrased, in 4. Defendant Cleveland Clinic Hospital as is proper in paragraph 4. However, Defendant Cleveland Clinic Hospital admits that venue Broward County, Florida. GENERAL ALLEGATIONS phrased, the allegations in 5. Defendant Cleveland Clinic Hospital denies, as paragraph 5. COUNT I - NEGLIGENCE CLAIM AGAINS CLEVELAND CLINIC HOSPITAL Defendant Cleveland Clinic Hospital realleges and readopts by reference its responses contained in paragraphs 1 -5 as if set forth at length herein. 6. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 6. 7. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 71. 8. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 8. 9. Defendant Cleveland Clinic Hospital admits that it had a duty to maintain its premises in a reasonably safe condition, correct any dangerous condition of which it either knew or should have known by the use of reasonable care, and to warn of any dangerous conditions concerning which it had, or should have had, knowledge greater than that of Plaintiff. Defendant Cleveland Clinic Hospital denies the remainder of the allegations in paragraph 9 and expressly denies that it breached any of these duties. 10. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 10, and all subparts thereto. 11. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 11. 1 The address 2930 Cleveland Clinic Blvd. does not exist. Cleveland Clinic Hospital is located at 2950 Cleveland Clinic Blvd. Weston, FL 3333 1. 2 Case No.: CACE 21-008882 12. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 12. 13. Defendant Cleveland Clinic Hospital denies the allegations in paragraph 13. GENERAL DENIAL 14. Defendant Cleveland Clinic Hospital denies each and every allegation of fact, conclusion of law, or other matter contained in Plaintiffs Complaint that has not been expressly admitted in paragraphs 1 - 13, above. Defendant Cleveland Clinic Hospital further denies any liability and denies that Plaintiffis entitled to any of the relief requested in the Complaint. AFFIRMATIVE DEFENSES 1. As a first affirmative defense, Defendant Cleveland Clinic Hospital states that any amount awarded to the Plaintiff is subject to the reduction of the total of all amounts that have been paid for the benefit of the Plaintiff or is otherwise available to Plaintiff from all collateral sources as provided by Florida Statute §768.76. 2. As a second affirmative defense, Defendant Cleveland Clinic Hospital reserves the right to amend and/or supplement this Answer with additional defenses pending the outcome of future discovery in this matter, including but not limited to identifying Fabre Defendants, if any. 3. As a third affirmative defense, Defendant Cleveland Clinic Hospital states that even if the Defendant Cleveland Clinic Hospital is found to have been negligent in maintainingits premises, said negligence was not the proximate cause of damages to Darren J. Hill, Sr. as alleged in Plaintiff's Complaint. 4. As a fourth affirmative defense, Defendant Cleveland Clinic Hospital states that damages, if any, suffered by Plaintiff were as a result of the action of other persons or entities for whom this Defendant is not responsible and therefore no claim lies against this Defendant. Any 3 Case No.: CACE 21-008882 currently unknown third party who may be liable will be disclosed in accordance with Florida Supreme Court law. Other persons or entities for whom Defendant Cleveland Clinic Hospital has no responsibility may include those persons who are not agents of Defendant Cleveland Clinic Hospital, actual, apparent or otherwise. 5. As a fifth affirmative defense, Defendant Cleveland Clinic Hospital states that at all times material herein, the matters alleged by Plaintiff occurred above and beyond the foresight of a reasonably prudent person and were caused by actions and/or omissions of third persons and/or conditions beyond the control of Defendant Cleveland Clinic Hospital. 6. As a sixth affirmative defense, Defendant Cleveland Clinic Hospital is entitled to the benefits and protections regarding alternative methods of payment for a damage award, if any, as to periodic payments for future economic losses and expenses as set forth in §768.78, Fla. Stat. 7. As a seventh affirmative defense, Defendant Cleveland Clinic Hospital states that the amount of any verdict for medical bills charged but not paid and for which Plaintiff is not liable should be reduced to that amount actually paid by Plaintiff or that amount paid on Plaintiffs behalf. 8. As an eighth affirmative defense, Defendant Cleveland Clinic Hospital states that Plaintiff has failed to state a cause of action as to this Defendant, and, as such Plaintiff' s claims must be dismissed as a matter of law. 9. As a ninth affirmative defense, Defendant Cleveland Clinic Hospital states that should be reduced pursuant to the doctrine any award to which Plaintiffmay be otherwise entitled of comparative fault pursuant to Florida Stat. §768.81. 4 Case No.: CACE 21-008882 10. As an tenth affirmative defense, Defendant Cleveland Clinic Hospital states required by Florida law and any award to which Plaintiff has failed to mitigate damages as Plaintiff may be otherwise entitled should be proportionatelyreduced. 11. As an eleventh affirmative defense, Defendant Cleveland Clinic Hospital states that this cause of action is barred by the applicable Statute of Limitations. 12. As a twelfth affirmative defense, Defendant Cleveland Clinic Hospital is entitled to a credit or set-off for any payments received or receivable by Plaintiff herein for any damages from any collateral whatsoever, including but not limited to alleged in the Complaint source payments from any health insurance, health plan benefits, Medicare, social security, or any other in this private or public funding source which either reimbursed Plaintifffor any damages claimed case or reduced the amount of bills of decedent or Plaintiff, as set forth in Florida Statute §768.76. 13. As a thirteenth affirmative defense, Defendant Cleveland Clinic Hospital states that Darren J. Hill, Sr. was guilty of negligence which proximately caused or contributed to any injuries or damages he may have sustained and any award to which he may otherwise be entitled should be reduced accordingly pursuant to the doctrine of comparative negligence as provided by § 768.81, Fla. Stat. The conduct of Darren J. Hill, Sr. that may constitute comparativenegligence may be disclosed in discovery which has just commenced. 14. As a fourteenth affirmative defense, Defendant Cleveland Clinic Hospital states that, to the extent Darren J. Hill, Sr. claims that Defendant Cleveland Clinic Hospital should have known of the dangerous condition about which he complains, any such condition was equally open, obvious and readily apparent to him as a result of which Defendant Cleveland Clinic held liable for failure to failure to correct such condition as a matter of Hospital cannot be warn or law. 5 Case No.: CACE 21-008882 15. As a fifteenth affirmative defense, Defendant Cleveland Clinic Hospital would show that its knowledge of the condition of which Darren J. Hill, Sr. complains, if any, was not to that of Darren J. Hill, Sr. reasonably obtainable by Darren J. Hill, Sr., as a superior or was as result of which Plaintiff is not entitled to recover in this action as a matter of law. 16. As a sixteenth affirmative defense, Defendant Cleveland Clinic Hospital states that Defendant Cleveland Clinic Hospital had no actual or constructive notice of the alleged hazard and thus no duty to Darren J. Hill, Sr. to warn of or protect from said hazard. 17. As an seventeenth affirmative defense, Defendant Cleveland Clinic Hospital states that Darren J. Hill, Sr. either knew of the alleged hazard or could have discovered any alleged hazard on the premises by exercising the use of due care and failed to do so, thereby eliminating any ability for recovery in this action as a matter of law. 18. As a eighteenth affirmative defense, Defendant Cleveland Clinic Hospital states that Darren J. Hill, Sr. knowingly and voluntarily assumed the risk alleged in this complaint and thus subjected himself to those risks inherent in the activity in which he was engaging at the time, the risk of injury and as well as the conditions of which he now complains, thereby assuming damages complained of and reducing Plaintiff's recovery proportionately. 19. Defendant Cleveland Clinic Hospital reserves the right to amend and/or with additional defenses pending the outcome of future discovery in this supplement this answer matter. DEMAND FOR JURY TRIAL WHEREFORE, Defendant Cleveland Clinic West Hospital Nonprofit Corporation, a Florida Corporation, demands a trial by jury for all issues so triable. 6 Case No.: CACE 21-008882 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and served for Plaintiff: Vincent T. this 28th of June, 2021, via the Florida Courts E-Portal to attorneys day Brown, Esq., The Brown Law Group, P,A., 1195 N,W. 119th Street, Suite 202, Miami, Florida, 33168, STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Cleveland Clinic Hospital 200 East Las Olas Boulevard, Suite 2100 Ft. Lauderdale, Florida 33301 Phone: (954) 462-9500 Fax: (954) 462-4567 By: pOUQ 6 AHBIB, ESQ. FBN: 008060 C, MATTHEW S. PODOLNICK, ESQ. FBN: 112126 #9595262 vl 7