Answer: STABRYLLA, STEPHANIE vs. WHITKOPF, ELIZABETH

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                                Filing # 175139252 E-Filed 06/12/2023 04:20:12 PM



                                                       IN THE CIRCUIT COURT OF THE
                                                       20TH JUDICIAL CIRCUIT IN AND FOR
                                                       CHARLOTTE COUNTY, FLORIDA

                                                       CASE NO.: 23000551CA

         STEPHANIE STABRYLLA,

                        Plaintiff,
         vs.


         ELIZABETH WHITKOPF and
         SAFECO INSURANCE COMPANY
         OF ILLINOIS,

                        Defendants.
                                        /

                                        ANSWER TO COMPLAINT

                The Defendant, ELIZABETH WHITKOPF, by and through her undersigned attorneys,

         files this Answer to Complaint and would state:

                1       All allegations of the Complaint not specifically admitted herein are denied.

                2.      If the Plaintiff has suffered injuries and/or losses as alleged, these are a

         proximate result of negligence committed by the Plaintiff, by reason of which the Plaintiff's

         recovery,   if any,   should   be   proportionately   diminished   under   Florida's   Comparative

         Negligence Doctrine.

                3       This Defendant affirmatively alleges that Plaintiff's claim is barred by the tort

         exemption provisions of the Florida Vehicle No-Fault Act, Florida Statutes, Section 627.730

         through 627.7405.     Specifically, Plaintiff fails to meet the threshold provisions of said act

         outlined in Florida Statutes, Section 627.737.

                4       This Defendant is entitled to a set-off from any recovery, if any, to the extent

         of the value of all benefits and/or settlements, paid or payable, on behalf of the Plaintiff

         and/or from any such collateral source payment pursuant to Florida law.            Additionally, by
the terms of Florida Statutes,     Section 627.736(8),       if special damages are introduced into

evidence,     damages   may   not be awarded for personal injury protection benefits paid or

payable

          5      As an affirmative defense, this Defendant does allege that the Plaintiff did not

use an available and operational seatbelt, that the Plaintiff's failure to use the seatbelt was

unreasonable under the circumstances,       and that there is a causal relationship between the

injuries alleged by the Plaintiff and the failure of the Plaintiff to use the seatbelt, wherefore,

the Plaintiff cannot recover against this Defendant or, in the alternative,           the Plaintiff's

damages should be reduced accordingly.

          6      This Defendant should be liable, if at all, only for her proportionate share of

liability, pursuant to Florida Statutes,   Section 768.81

          7      This Defendant alleges that the Plaintiff has failed to mitigate her damages.

          8      This Defendant demands trial by jury of all issues so triable as of right by a

Jury

                 I HEREBY CERTIFY that a copy of the foregoing has been furnished by email

to:    DERRICK ISAAC, ESQUIRE, Attorney for Plaintiff, derrickisaac@forthepeople.com , on

this 12" day of June, 2023

                                                     HILL & LEMONGELLO, P.A
                                                     Attorneys for Def - Whitkopf
                                                     800 Southeast 3rd Avenue,       Suite 200
                                                     Fort Lauderdale, Florida 33316
                                                     954-462-3623 - main
                                                     954-523-1940 - fax
                                                     Marial@hitem-law.com           Primary
                                                     Jo:
                                                         a                        Secondary



                                                     BY:
                                                                DA
                                                                   ups    ONGELLO
                                                                FLQRIDA“BAR# 0027049