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Filing # 157310127 E-Filed 09/13/2022 02:13:46 PM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-004328
DIVISION: CV-G
CLARENCE MITCHELL,
Plaintiff,
VS.
VICTORIA NIKALE GREEN, an individual,
JULENE TURBEVILLE, an individual, and
LINDSAY TYLER DENNIS, an individual,
Defendants.
DEFENDANT LINDSAY TYLER DENNIS’ ANSWER
Defendant, Lindsay Tyler Dennis, by and through the undersigned counsel, hereby
responds to the Plaintiff's Complaint as follows:
1 This Defendant admits the allegations of paragraph one of the Complaint for
jurisdictional purposes only. Otherwise, denied.
2 This Defendant is without knowledge regarding the allegations of paragraph two of the
Complaint; therefore, those allegations are denied.
3 This Defendant is without knowledge regarding the allegations of paragraph three of the
Complaint; therefore, those allegations are denied.
4. This Defendant is without knowledge regarding the allegations of paragraph four of the
Complaint; therefore, those allegations are denied.
5 This Defendant admits the allegations of paragraph five of the Complaint.
Page 1 of 4
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/14/2022 10:18:47 AM
6 This Defendant admits the allegations of paragraph six of the Complaint.
7 This Defendant admits the allegations of paragraph seven of the Complaint.
COUNT I
8-11. Paragraphs eight through eleven are not directed at this Defendant; therefore, no response
is required. To the extent these paragraphs can be construed against this Defendant, said
allegations are denied.
COUNT II
12. This Defendant adopts and re-alleges her responses in paragraphs one through seven
above as if fully set forth herein.
13. This Defendant denies the allegations of paragraph thirteen of the Complaint, including
all subparts.
14. This Defendant denies the allegations of paragraph fourteen of the Complaint.
15. This Defendant denies the allegations of paragraph fifteen of the Complaint.
COUNT Il
16-19. Paragraphs sixteen through nineteen are not directed at this Defendant; therefore, no
response is required. To the extent these paragraphs can be construed against this Defendant, said
allegations are denied.
AFFIRMATIVE DEFENSES
20. Certain collateral source benefits may have been paid to, for, or on behalf of Plaintiff, or
are payable or available to, for, or on behalf of Plaintiff. Such collateral source benefits must be
deducted from a jury verdict if against this Defendant. Additionally, by the terms of Section
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.
Page 2 of 4
21. Plaintiff had a duty to mitigate damages by obtaining reasonable medical evaluation and
treatment for the injuries claimed and by following reasonable medical advice. Plaintiff may
have failed to do so. If so, there is a causal relationship between the damages claimed and the
failure to mitigate. Accordingly, any damages for which this Defendant may be otherwise liable
should be reduced by the percentage attributable to Plaintiff for failure to mitigate damages.
22. This Defendant is entitled to a set-off for any contractual or other discount given by
medical care providers to any collateral sources of payment for past medical expenses incurred
by Plaintiff.
23. Plaintiff was guilty of negligence which contributed to the accident alleged in the
complaint, and to the injuries and damages complained of, because he negligently operated or
maintained the vehicle he was driving at the time and place of the accident.
24. The injuries and damages of which Plaintiff complains were caused by the negligence on
the part of Co-Defendant, Victoria Nikale Green, who was negligent in her operation of a motor
vehicle by failing to stop for traffic and who is the sole cause of this accident. Therefore, the
doctrine of joint and several liability does not apply to certain of the damages claimed by
Plaintiff. Pursuant to the terms of section 768.81, Florida Statutes, this Defendant’s liability, if
any, for such damages, is limited on the basis of her own percentage of fault, if any.
25. The injuries and damages of which Plaintiff complains were caused by the negligence on
the part of Co-Defendant, Julene Turbeville, who was negligent in her operation of a motor
vehicle by failing to stop for traffic and who is the sole cause of this accident. Therefore, the
doctrine of joint and several liability does not apply to certain of the damages claimed by
Plaintiff. Pursuant to the terms of section 768.81, Florida Statutes, this Defendant’s liability, if
any, for such damages, is limited on the basis of her own percentage of fault, if any.
Page 3 of 4
O'HARA LAW FIRM,
Professional Association
LQ
Brian M. Guter
Florida Bar No. 113681
Michael P. Regan, Jr.
Florida Bar No. 20311
4811 Beach Boulevard, Suite 303
Jacksonville, Florida 32207
Telephone: (904) 346-3166
Facsimile: (904) 346-5445
Service E-Mail: eService@oharalawfirm.com
Attormeys for Lindsay Tyler Dennis
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished to: Jessica L. Lanifero,
Esquire, Morgan & Morgan, P.A., 76 South Laura Street, Suite 1100, Jacksonville, FL 32202 via
e-service at jlanifero
@ forthepeople.com; cfitslaff@ forthepeople.com; and
mjohnson@forthepeople.com; Kendra B. Therrell, Esquire, Law Offices of Kubicki Draper, 76
South Laura Street, Suite 1400, Jacksonville, FL, 32202 via e-service at KBT-
KD@kubickidraper.com; mpanganiban @forthepeople.com; and rkisling@forthepeople.com; and
to E. Holland Howanitz, Esquire, Wicker Smith O’Hara Mccoy & Ford P.A., 50 N. Laura Street,
Suite 2700, Jacksonville, FL 32202 via e-service at JAXcrtpleadings@wickersmith.com on this
13" day of September, 2022.
LQ
Brian M. Guter
Page 4 of 4
Preview
Filing # 157310127 E-Filed 09/13/2022 02:13:46 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-004328 DIVISION: CV-G CLARENCE MITCHELL, Plaintiff, VS. VICTORIA NIKALE GREEN, an individual, JULENE TURBEVILLE, an individual, and LINDSAY TYLER DENNIS, an individual, Defendants. DEFENDANT LINDSAY TYLER DENNIS’ ANSWER Defendant, Lindsay Tyler Dennis, by and through the undersigned counsel, hereby responds to the Plaintiff's Complaint as follows: 1 This Defendant admits the allegations of paragraph one of the Complaint for jurisdictional purposes only. Otherwise, denied. 2 This Defendant is without knowledge regarding the allegations of paragraph two of the Complaint; therefore, those allegations are denied. 3 This Defendant is without knowledge regarding the allegations of paragraph three of the Complaint; therefore, those allegations are denied. 4. This Defendant is without knowledge regarding the allegations of paragraph four of the Complaint; therefore, those allegations are denied. 5 This Defendant admits the allegations of paragraph five of the Complaint. Page 1 of 4 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/14/2022 10:18:47 AM 6 This Defendant admits the allegations of paragraph six of the Complaint. 7 This Defendant admits the allegations of paragraph seven of the Complaint. COUNT I 8-11. Paragraphs eight through eleven are not directed at this Defendant; therefore, no response is required. To the extent these paragraphs can be construed against this Defendant, said allegations are denied. COUNT II 12. This Defendant adopts and re-alleges her responses in paragraphs one through seven above as if fully set forth herein. 13. This Defendant denies the allegations of paragraph thirteen of the Complaint, including all subparts. 14. This Defendant denies the allegations of paragraph fourteen of the Complaint. 15. This Defendant denies the allegations of paragraph fifteen of the Complaint. COUNT Il 16-19. Paragraphs sixteen through nineteen are not directed at this Defendant; therefore, no response is required. To the extent these paragraphs can be construed against this Defendant, said allegations are denied. AFFIRMATIVE DEFENSES 20. Certain collateral source benefits may have been paid to, for, or on behalf of Plaintiff, or are payable or available to, for, or on behalf of Plaintiff. Such collateral source benefits must be deducted from a jury verdict if against this Defendant. Additionally, by the terms of Section 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. Page 2 of 4 21. Plaintiff had a duty to mitigate damages by obtaining reasonable medical evaluation and treatment for the injuries claimed and by following reasonable medical advice. Plaintiff may have failed to do so. If so, there is a causal relationship between the damages claimed and the failure to mitigate. Accordingly, any damages for which this Defendant may be otherwise liable should be reduced by the percentage attributable to Plaintiff for failure to mitigate damages. 22. This Defendant is entitled to a set-off for any contractual or other discount given by medical care providers to any collateral sources of payment for past medical expenses incurred by Plaintiff. 23. Plaintiff was guilty of negligence which contributed to the accident alleged in the complaint, and to the injuries and damages complained of, because he negligently operated or maintained the vehicle he was driving at the time and place of the accident. 24. The injuries and damages of which Plaintiff complains were caused by the negligence on the part of Co-Defendant, Victoria Nikale Green, who was negligent in her operation of a motor vehicle by failing to stop for traffic and who is the sole cause of this accident. Therefore, the doctrine of joint and several liability does not apply to certain of the damages claimed by Plaintiff. Pursuant to the terms of section 768.81, Florida Statutes, this Defendant’s liability, if any, for such damages, is limited on the basis of her own percentage of fault, if any. 25. The injuries and damages of which Plaintiff complains were caused by the negligence on the part of Co-Defendant, Julene Turbeville, who was negligent in her operation of a motor vehicle by failing to stop for traffic and who is the sole cause of this accident. Therefore, the doctrine of joint and several liability does not apply to certain of the damages claimed by Plaintiff. Pursuant to the terms of section 768.81, Florida Statutes, this Defendant’s liability, if any, for such damages, is limited on the basis of her own percentage of fault, if any. Page 3 of 4 O'HARA LAW FIRM, Professional Association LQ Brian M. Guter Florida Bar No. 113681 Michael P. Regan, Jr. Florida Bar No. 20311 4811 Beach Boulevard, Suite 303 Jacksonville, Florida 32207 Telephone: (904) 346-3166 Facsimile: (904) 346-5445 Service E-Mail: eService@oharalawfirm.com Attormeys for Lindsay Tyler Dennis CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to: Jessica L. Lanifero, Esquire, Morgan & Morgan, P.A., 76 South Laura Street, Suite 1100, Jacksonville, FL 32202 via e-service at jlanifero @ forthepeople.com; cfitslaff@ forthepeople.com; and mjohnson@forthepeople.com; Kendra B. Therrell, Esquire, Law Offices of Kubicki Draper, 76 South Laura Street, Suite 1400, Jacksonville, FL, 32202 via e-service at KBT- KD@kubickidraper.com; mpanganiban @forthepeople.com; and rkisling@forthepeople.com; and to E. Holland Howanitz, Esquire, Wicker Smith O’Hara Mccoy & Ford P.A., 50 N. Laura Street, Suite 2700, Jacksonville, FL 32202 via e-service at JAXcrtpleadings@wickersmith.com on this 13" day of September, 2022. LQ Brian M. Guter Page 4 of 4