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Filing # 165649758 E-Filed 01/27/2023 04:31:02 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA.
GOVERNMENT EMPLOYEES
INSURANCE COMPANY as subrogee
of DAVID KENT,
Plaintiff,
vs. CASE NO.: 2022-CA-002055
ANDREA WILSON EVANS
a/k/a ANDREA WILSON CALLAWAY
and RONALD ISAIAH TURNER,
Defendant.
/
DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT
Defendants, ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, (hereinafter
“Defendants”), by and through their undersigned counsel, hereby answers the Complaint filed by
Plaintiff, GOVERNMENT EMPLOYEES INSURANCE COMPANY a/s/o DAVID KENT, on the 10"
day of November 2022 as follows:
Admitted for jurisdictional purposes only. Any and all references of liability, causation, or
entitlement to damages is denied.
Admitted for jurisdictional purposes only. Any and all references of liability, causation, or
entitlement to damages is denied.
Admitted for jurisdictional purposes only. Any and all references of liability, causation, or
entitlement to damages is denied.
Admitted insofar as it is relevant to vicarious liability. Any and all references of liability,
causation, or entitlement to damages is denied.
Admitted as to property damage of vehicles on specified date. Any and all references of liability,
causation, or entitlement to damages is denied.
Admitted that all persons owe a duty of care while operating a motor vehicle. Any and all
references of liability, causation, or entitlement to damages is denied.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/27/2023 04:39:03 PM.
Denied.
Admitted for jurisdictional purposes only. Any and all references of liability, causation, or
entitlement to damages is denied.
Denied.
10. Denied.
11 Admitted for jurisdictional purposes only. Any and all references of liability, causation, or
entitlement to damages is denied.
AFFIRMATIVE DEFENSES
First_Affirmative Defense: The Plaintiffs have not sustained a permanent injury, scarring,
disfigurement, or other injury sufficient to meet the tort liability threshold as required under Florida’s No-
Fault Threshold Statute, 627.737, et seq.
Second Affirmative Defense: Plaintiffs are guilty of negligence and such negligence was the sole,
proximate cause, or contributing cause of the damages complained of and the recovery, if any, should be
barred or reduced proportionately pursuant to the doctrine of comparative negligence.
Third Affirmative Defense: Plaintiffs’ injuries and/or damages were solely and/or proximately
caused by the unreasonable failure of Plaintiffs to use an available and operational seatbelt at the time of
the accident and, therefore, plaintiffs’ recovery should be barred or reduced accordingly.
Fourth Affirmative Defense: Defendants are entitled to all setoffs and limitations of liability
pursuant to the doctrine of comparative fault, including, but not limited to, the provisions of Fla.
Stat. § 768.81.
Fifth Affirmative Defense: Defendants expressly reserves the right to assert a “Fabre” defense if
any third-parties are determined, as a result of discovery and investigation, to be responsible for
Plaintiffs’ alleged injuries and/or damages. See Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993); Nash v.
Wells Fargo Guard Services, 678 So. 2d 1262 (Fla. 1996) and E.H.P. Corp. v. Cousin, 654 So. 2d 976
(Fla. 2d DCA 1995). If other parties are determined to be negligent or liable to Plaintiffs, Defendants
would be entitled to the benefit of Fla. Stat. §§ 768.31 and/or 768.81 with respect to the comparative fault
and apportionment of damages between Plaintiffs, Defendant, and such others.
Sixth Affirmative Defense: Plaintiffs have failed to mitigate damages, as required under
Florida law, and any such recovery should be proportionately reduced as a result of such failure.
Seventh Affirmative Defense: Plaintiffs’ damages, if any, were the result of an intervening,
superseding cause rather than the negligence and/or actions of the tortfeasor.
Eighth Affirmative Defense: The alleged injuries suffered by Plaintiffs were the result of
the natural and inexorable process of pre-existing medical conditions or injuries, human disease,
and/or unique physiology of Plaintiffs rather than as a result of any aggravation or relationship to the
subject accident.
Ninth Affirmative Defense: Plaintiffs’ damages, if any, for past medical expenses are
limited to that amount actually paid or personally owed by Plaintiffs to the health care providers
and, specifically, are not equal to the total amount charged by those health care providers.
Tenth Affirmative Defense: Defendants affirmatively allege that they are entitled to any and all
collateral source setoffs or credits, paid or payable, as provided by Florida law.
Eleventh Affirmative Defense: Defendants specifically claim any credit or set-off to which they
may be entitled for any and all payments paid to the Plaintiffs under personal injury protection (PIP) and
medical payments provisions of any applicable insurance policy affording coverage to the vehicle
operated by the Plaintiffs in the motor vehicle collision alleged in the Complaint.
Twelfth Affirmative Defense: The Plaintiffs’ alleged injuries were not and are not causally
related to the subject accident nor are/were they medically necessary and are/were unreasonable and the
same consist of pre-existing injuries or conditions.
RESERVATION OF DEFENSES
Defendants, ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, reserve the
right to amend and/or supplement its answer and/or affirmative defenses to modify or add any answers,
and reserves the right to assert such additional defenses as may become apparent during the course of
discovery.
DEMAND FOR JURY TRIAL
The Defendants, ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, hereby
demand a trial by jury of all issues so triable as of right by a jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 27, 2023 a true and correct copy of the foregoing Answer
and Affirmative Defenses has been electronically filed and sent via the E-Filing Portal to Bruce H.
Schiller, Esquire, at pleadings@yatesandschiller.com.
Isl
Feldman
Barbi .
Barbi L. Feldman, Esquire
FBN — 180378
Is) Brittany £.. Pe
Brittany L. Perez, Esquire
FBN - 1030530
Vecchio, Carrier, Feldman & Johannessen, P.A.
3308 Cleveland Heights Boulevard
Lakeland, FL 33803
(863) 701-2100/Fax: (863) 701-2101
Civil@vefjlaw.com
Attorneys for Defendants
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Filing # 165649758 E-Filed 01/27/2023 04:31:02 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA. GOVERNMENT EMPLOYEES INSURANCE COMPANY as subrogee of DAVID KENT, Plaintiff, vs. CASE NO.: 2022-CA-002055 ANDREA WILSON EVANS a/k/a ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, Defendant. / DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT Defendants, ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, (hereinafter “Defendants”), by and through their undersigned counsel, hereby answers the Complaint filed by Plaintiff, GOVERNMENT EMPLOYEES INSURANCE COMPANY a/s/o DAVID KENT, on the 10" day of November 2022 as follows: Admitted for jurisdictional purposes only. Any and all references of liability, causation, or entitlement to damages is denied. Admitted for jurisdictional purposes only. Any and all references of liability, causation, or entitlement to damages is denied. Admitted for jurisdictional purposes only. Any and all references of liability, causation, or entitlement to damages is denied. Admitted insofar as it is relevant to vicarious liability. Any and all references of liability, causation, or entitlement to damages is denied. Admitted as to property damage of vehicles on specified date. Any and all references of liability, causation, or entitlement to damages is denied. Admitted that all persons owe a duty of care while operating a motor vehicle. Any and all references of liability, causation, or entitlement to damages is denied. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/27/2023 04:39:03 PM. Denied. Admitted for jurisdictional purposes only. Any and all references of liability, causation, or entitlement to damages is denied. Denied. 10. Denied. 11 Admitted for jurisdictional purposes only. Any and all references of liability, causation, or entitlement to damages is denied. AFFIRMATIVE DEFENSES First_Affirmative Defense: The Plaintiffs have not sustained a permanent injury, scarring, disfigurement, or other injury sufficient to meet the tort liability threshold as required under Florida’s No- Fault Threshold Statute, 627.737, et seq. Second Affirmative Defense: Plaintiffs are guilty of negligence and such negligence was the sole, proximate cause, or contributing cause of the damages complained of and the recovery, if any, should be barred or reduced proportionately pursuant to the doctrine of comparative negligence. Third Affirmative Defense: Plaintiffs’ injuries and/or damages were solely and/or proximately caused by the unreasonable failure of Plaintiffs to use an available and operational seatbelt at the time of the accident and, therefore, plaintiffs’ recovery should be barred or reduced accordingly. Fourth Affirmative Defense: Defendants are entitled to all setoffs and limitations of liability pursuant to the doctrine of comparative fault, including, but not limited to, the provisions of Fla. Stat. § 768.81. Fifth Affirmative Defense: Defendants expressly reserves the right to assert a “Fabre” defense if any third-parties are determined, as a result of discovery and investigation, to be responsible for Plaintiffs’ alleged injuries and/or damages. See Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993); Nash v. Wells Fargo Guard Services, 678 So. 2d 1262 (Fla. 1996) and E.H.P. Corp. v. Cousin, 654 So. 2d 976 (Fla. 2d DCA 1995). If other parties are determined to be negligent or liable to Plaintiffs, Defendants would be entitled to the benefit of Fla. Stat. §§ 768.31 and/or 768.81 with respect to the comparative fault and apportionment of damages between Plaintiffs, Defendant, and such others. Sixth Affirmative Defense: Plaintiffs have failed to mitigate damages, as required under Florida law, and any such recovery should be proportionately reduced as a result of such failure. Seventh Affirmative Defense: Plaintiffs’ damages, if any, were the result of an intervening, superseding cause rather than the negligence and/or actions of the tortfeasor. Eighth Affirmative Defense: The alleged injuries suffered by Plaintiffs were the result of the natural and inexorable process of pre-existing medical conditions or injuries, human disease, and/or unique physiology of Plaintiffs rather than as a result of any aggravation or relationship to the subject accident. Ninth Affirmative Defense: Plaintiffs’ damages, if any, for past medical expenses are limited to that amount actually paid or personally owed by Plaintiffs to the health care providers and, specifically, are not equal to the total amount charged by those health care providers. Tenth Affirmative Defense: Defendants affirmatively allege that they are entitled to any and all collateral source setoffs or credits, paid or payable, as provided by Florida law. Eleventh Affirmative Defense: Defendants specifically claim any credit or set-off to which they may be entitled for any and all payments paid to the Plaintiffs under personal injury protection (PIP) and medical payments provisions of any applicable insurance policy affording coverage to the vehicle operated by the Plaintiffs in the motor vehicle collision alleged in the Complaint. Twelfth Affirmative Defense: The Plaintiffs’ alleged injuries were not and are not causally related to the subject accident nor are/were they medically necessary and are/were unreasonable and the same consist of pre-existing injuries or conditions. RESERVATION OF DEFENSES Defendants, ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, reserve the right to amend and/or supplement its answer and/or affirmative defenses to modify or add any answers, and reserves the right to assert such additional defenses as may become apparent during the course of discovery. DEMAND FOR JURY TRIAL The Defendants, ANDREA WILSON CALLAWAY and RONALD ISAIAH TURNER, hereby demand a trial by jury of all issues so triable as of right by a jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 27, 2023 a true and correct copy of the foregoing Answer and Affirmative Defenses has been electronically filed and sent via the E-Filing Portal to Bruce H. Schiller, Esquire, at pleadings@yatesandschiller.com. Isl Feldman Barbi . Barbi L. Feldman, Esquire FBN — 180378 Is) Brittany £.. Pe Brittany L. Perez, Esquire FBN - 1030530 Vecchio, Carrier, Feldman & Johannessen, P.A. 3308 Cleveland Heights Boulevard Lakeland, FL 33803 (863) 701-2100/Fax: (863) 701-2101 Civil@vefjlaw.com Attorneys for Defendants