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Filing # 197901052 E-Filed 05/08/2024 03:04:35 PM
JIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
JANTZEN ADAMS, CASE NO.: 2024CA000579AX
Plaintiff,
VS.
TONIA LYNN WHITTEN and.
ALLSTATE FIRE & CASUALTY
INSURANCE COMPANY,
Defendants.
/
DEFENDANT, TONIA LYNN WHITTEN’S,
ANSWER TO PLAINTIFF, JANTZEN ADAMS’S COMPLAINT
Defendant, TONIA LYNN WHITTEN (“WHITTEN”) by and through the undersigned
counsel, answers Plaintiff, JANTZEN ADAMS’ (“ADAMS”), Complaint, as follows:
1 Admit for jurisdictional purposes only, otherwise denied.
2 Without knowledge, therefore denied.
Admit.
Without knowledge, therefore denied.
Without knowledge, therefore denied
Admit.
Denied.
Without knowledge, therefore denied.
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"2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT
COUNT I
LIABILITY OF TONIA LYNN WHITTEN
WHITTEN adopts and re-alleges her responses to paragraphs 1 through 8 as fully set
forth herein.
9. Denied.
10. Denied.
COUNT I
UNDERINSURED MOTORIST CLAIM
WHITTEN adopts and re-alleges her responses to paragraphs | through 8 as fully set
forth herein. Count IT, paragraphs 11 through 15 are not directed to WHITTEN. To the extent
they impact WHITTEN, they are denicd.
WHITTEN denies each and every allegation of ADAMS’ Complaint not specifically
admitted herein and demands strict proof thereof.
AFFIRMATIVE DEFENSES
1 If ADAMS has suffered injuries or losses as alleged, these are the proximate
results of negligence and/or assumption of the risks by or on behalf of ADAMS by reason of
which ADAMS's recovery, if any, must be proportionately diminished under the comparative
negligence doctrine.
2 WHITTEN states that ADAMS's injuries, if any, do not meet the tort threshold of
Florida Statute Section 627.737, and therefore, WHITTEN is immune from tort liability herein.
3 Any recovery by ADAMS herein should be diminished by the amounts of all
benefits which ADAMS has received from collateral sources as defined within Florida Statutes,
as well as any no-fault benefits received.
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"2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT
4 WHITTEN states that ADAMS failed to mitigate damages, if any, and is therefore
not entitled to recovery of any damages which could have been mitigated.
5 WHITTEN alleges that any recovery should be reduced or barred by any
settlement, judgment, or payment of any kind by any individual or entity in connection with the
subject matter of the incident described in the Complaint.
6. WHITTEN affirmatively alleges entitlement to all the protections of Florida’s
Tort Reform Bill 837 and SB 836 which became effective before WHITTEN’s response to this
Complaint. These protections include the any and all limitations on admissibility of ADAMS’s
past and future medical bills, health insurance payments, reasonable rates for ADAMS’s medical
treatment and costs of same, limitations of the recovery of damages at trial, where applicable and
the doctrine of comparative fault as raised in Affirmative Defense Number 1, above.
WHEREFORE, Defendant, TONIA LYNN WHITTEN, requests this court enter
judgment in his favor and award TONIA LYNN WHITTEN’s attorneys’ fees, costs or any other
such award as the court deems necessary and appropriate.
DEMAND FOR JURY TRIAL
Defendant, TONIA LYNN WHITTEN, hercby demands a trial by jury of all issucs so
triable as of right by jury.
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"2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been sent via the Florida
Courts e-portal via E-File Made Easy to the parties listed on the attached service list; this 8th
day of May, 2024.
By. /s/ Marsha M. Moses
MARSHA M. MOSES, ESQUIRE
Florida Bar No.: 0084925
KUBICKI DRAPER, P.A.
400 North Ashley Drive
Suite 1200
Tampa, FL 33602
Telephone: (813) 314-1157
Facsimile: (813) 204-9660
E-Service: MMM-KD@kubickidraper.com
Attorney for Defendant
SERVICE LIST:
Christopher Borzell, Attorney
Florida Bar#: 68277
Morgan & Morgan Tampa, P.A.
One Tampa City Center
201 N. Franklin Street, 7° Floor
Tampa, FL 33602
Telephone: (941) 271-6384
Facsimile: (941) 271-6484
Primary Email: CBorzeli@ForThePcople.com
Secondary Email: CTBPicadings@ForThePcople.com
Paralegal: RHoward@ForThePeople.com
Attorney for Plaintiff
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"2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT
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Filing # 197901052 E-Filed 05/08/2024 03:04:35 PM JIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION JANTZEN ADAMS, CASE NO.: 2024CA000579AX Plaintiff, VS. TONIA LYNN WHITTEN and. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Defendants. / DEFENDANT, TONIA LYNN WHITTEN’S, ANSWER TO PLAINTIFF, JANTZEN ADAMS’S COMPLAINT Defendant, TONIA LYNN WHITTEN (“WHITTEN”) by and through the undersigned counsel, answers Plaintiff, JANTZEN ADAMS’ (“ADAMS”), Complaint, as follows: 1 Admit for jurisdictional purposes only, otherwise denied. 2 Without knowledge, therefore denied. Admit. Without knowledge, therefore denied. Without knowledge, therefore denied Admit. Denied. Without knowledge, therefore denied. Page 1 of 4 "2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT COUNT I LIABILITY OF TONIA LYNN WHITTEN WHITTEN adopts and re-alleges her responses to paragraphs 1 through 8 as fully set forth herein. 9. Denied. 10. Denied. COUNT I UNDERINSURED MOTORIST CLAIM WHITTEN adopts and re-alleges her responses to paragraphs | through 8 as fully set forth herein. Count IT, paragraphs 11 through 15 are not directed to WHITTEN. To the extent they impact WHITTEN, they are denicd. WHITTEN denies each and every allegation of ADAMS’ Complaint not specifically admitted herein and demands strict proof thereof. AFFIRMATIVE DEFENSES 1 If ADAMS has suffered injuries or losses as alleged, these are the proximate results of negligence and/or assumption of the risks by or on behalf of ADAMS by reason of which ADAMS's recovery, if any, must be proportionately diminished under the comparative negligence doctrine. 2 WHITTEN states that ADAMS's injuries, if any, do not meet the tort threshold of Florida Statute Section 627.737, and therefore, WHITTEN is immune from tort liability herein. 3 Any recovery by ADAMS herein should be diminished by the amounts of all benefits which ADAMS has received from collateral sources as defined within Florida Statutes, as well as any no-fault benefits received. Page 2 of 4 "2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT 4 WHITTEN states that ADAMS failed to mitigate damages, if any, and is therefore not entitled to recovery of any damages which could have been mitigated. 5 WHITTEN alleges that any recovery should be reduced or barred by any settlement, judgment, or payment of any kind by any individual or entity in connection with the subject matter of the incident described in the Complaint. 6. WHITTEN affirmatively alleges entitlement to all the protections of Florida’s Tort Reform Bill 837 and SB 836 which became effective before WHITTEN’s response to this Complaint. These protections include the any and all limitations on admissibility of ADAMS’s past and future medical bills, health insurance payments, reasonable rates for ADAMS’s medical treatment and costs of same, limitations of the recovery of damages at trial, where applicable and the doctrine of comparative fault as raised in Affirmative Defense Number 1, above. WHEREFORE, Defendant, TONIA LYNN WHITTEN, requests this court enter judgment in his favor and award TONIA LYNN WHITTEN’s attorneys’ fees, costs or any other such award as the court deems necessary and appropriate. DEMAND FOR JURY TRIAL Defendant, TONIA LYNN WHITTEN, hercby demands a trial by jury of all issucs so triable as of right by jury. Page 3 of 4 "2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been sent via the Florida Courts e-portal via E-File Made Easy to the parties listed on the attached service list; this 8th day of May, 2024. By. /s/ Marsha M. Moses MARSHA M. MOSES, ESQUIRE Florida Bar No.: 0084925 KUBICKI DRAPER, P.A. 400 North Ashley Drive Suite 1200 Tampa, FL 33602 Telephone: (813) 314-1157 Facsimile: (813) 204-9660 E-Service: MMM-KD@kubickidraper.com Attorney for Defendant SERVICE LIST: Christopher Borzell, Attorney Florida Bar#: 68277 Morgan & Morgan Tampa, P.A. One Tampa City Center 201 N. Franklin Street, 7° Floor Tampa, FL 33602 Telephone: (941) 271-6384 Facsimile: (941) 271-6484 Primary Email: CBorzeli@ForThePcople.com Secondary Email: CTBPicadings@ForThePcople.com Paralegal: RHoward@ForThePeople.com Attorney for Plaintiff Page 4 of 4 "2024CA000579AX" 197901052 Filed at Manatee County Clerk 05/08/2024 03:04:35 PM EDT