Answer: WERNER, KENNETH

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                                Filing # 172336698 E-Filed 05/03/2023 11:36:45 AM


                              IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
                                       IN AND FOR LAKE COUNTY, FLORIDA.

            KENNETH WERNER,
                                                                    CASE NO: 2022-CA-2255
                     Plaintiff,

            vs.


            FRANK GAY SERVICES, LLC.

                     Defendant.
                                                              /

                              DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

                     COMES NOW the Defendant, FRANK GAY SERVICES, LLC (hereinafter referred to as

            “FGS")       pursuant to the Florida Rules    of Civil Procedure, by and through the undersigned

            attorney and hereby       files this Answer     and Affirmative Defenses to Plaintiff's Complaint

            (*pending vacation of defaults), and states as grounds as follows:

                     1        The Defendant admits the allegations contained in paragraph 3.

                     2        The Defendant denies, and demands strict proof thereof, the allegations contained

            in paragraphs 4, 6, 7 and 8(a)-(i).

                     3        The Defendant       is without knowledge,   and therefore denies, the allegations

            contained in paragraph 1, 2 and 5.

                                                      Affirmative Defenses

                     1        The Defendant would allege that the Plaintiff was himself guilty of negligence

            which was a proximate cause of this accident and any alleged resulting injuries. His claim is,

            therefore, subject to reduction pursuant to the Doctrine of Comparative Negligence.




FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/03/2023 11:38:56 AM
2         The Defendant is entitled to a post-trial reduction of all collateral source

payments.

        3         The Plaintiff's damages should be reduced for the Plaintiff’s failure to mitigate

his damages.

        4         The Defendant would assert that Plaintiff’s medical bills are not reasonable,

related or necessary.

        5         The Defendant would assert that Plaintiff's injuries were either pre-existing or

were not proximately caused by the subject incident.

        6         To the extent the Plaintiff failed to observe an open and obvious condition, the

Defendant had no duty to warn and the Plaintiff's claim is barred.

            WHEREFORE, the Defendants respectfully request this Honorable Court enter judgment

in Defendants’ favor, trial by jury on all issues so triable, and for any further relief this Court

deems just and proper.

                                    CERTIFICATE OF SERVICE

        I HEREBY        CERTIFY that on this 3rd day of May, 2023, a true and correct copy of the
foregoing document was filed with the Clerk of Court using the Florida Courts e-Filing Portal
which will send an automatic e-mail message to all parties who have registered with the e-Filing
Portal.

                                         BEAUCHAMP, SANG, GONZALES & PHILPOTT, P.A.
                                         1850 Lee Road, Suite 334
                                         Winter Park, Florida 32789
                                         (407) 622-7888
                                         (407) 622-7890 (FAX)
                                          /s/ AllenC. Sang
                                         ALLEN C. SANG, ESQUIRE
                                         Florida Bar No: 603960
                                         acs@beauchampsang.com
                                         ADAM PHILPOTT, ESQUIRE
                                         Florida Bar No: 711659
app@beauchampsang.com
Attorneys for Defendant FGS