Document for Jetinia Bernard Littles Plaintiff vs. Brinks Incorporated Defendant

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                                Filing # 76020054 E-Filed 08/06/2018 01:38:16 PM

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA, CIVIL DIVISION

JETINIA BERNARD LITTLES
Plaintiff, CASE NO.: 18-005151-05
vs.

BRINK’S INCORPORATED foreign for profit Corporation

Defendant

 

ANSWER
COMES NOW the Defendant, BRINK’S, INCORPORATED, by and through its

undersigned attorneys, and for its answers and affirmative defenses to the Plaintiff's complaint
states:
FIRST AFFIRMATIVE DEFENSE

For a first affirmative defense and answering the numbered paragraphs of the Plaintiff's
complaint, this Defendant states:

1, Admitted for jurisdictional purposes only.

2. Admitted.

3. Denied as alleged.

4. Undetermined at this time and therefore denied.

5. Denied as alleged.

6. Denied as alleged.

7. Denied as alleged.

8. Denied as alleged.

9. Denied as alleged.

10. Undetermined at this time and therefore denied.

66893 14.DOC

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 8/6/2018 1:38:16 PM.****11. Denied as alleged.

12. Denied as alleged.

13. Undetermined at this time and therefore denied.

14. Admitted.

15. Denied,

SECOND AFFIRMATIVE DEFENSE

This Defendant states that the Plaintiff was guilty of negligence, and this negligence was
a legal cause of any degree of damage suffered by Plaintiff, and Plaintiff is thereby entitled only
to such damages, if any, as were legally caused by this Defendant.

THIRD AFFIRMATIVE DEFENSE

This Defendant states that any award to the Plaintiff should be reduced by the total of all
amounts which have been paid for the benefit of the Plaintiff or which are otherwise available to
the Plaintiff from all collateral sources as delineated in §768.76 Florida Statutes.

FOURTH AFFIRMATIVE DEFENSE

This Defendant states that Plaintiffs claim for medical and hospital expenses is limited
and/or barred to the amount of any such expenses which have been paid and accepted by any
healthcare provider. See Goble vs. Frohman, 901 So.2d 830 (Fla. 2005). Alternatively,
Plaintiff's claims for expenses due to medical and/or hospital treatment are limited to the amount
actually paid and/or owed by Plaintiff to any such healthcare provider.

FIFTH AFFIRIMATIVE DEFENSE

This Defendant states that the alleged injuries and damages Plaintiff claims to have
sustained as a result of the incident described in the complaint were not proximately caused by
any alleged negligence of Defendant, and Plaintiff's alleged injuries, if any, were solely the

result of the Plaintiff's own negligence and/or the negligence of third parties, named or unnamed,

2
6689314.D0Cwho were not acting at the direction or under the control of this Defendant and, therefore,
Plaintiff cannot recover against this Defendant, or in the alternative, this Defendant should be
liable, if at all, only for its proportionate share of liability, pursuant to Florida Statute §768.81.3

and Fabre v. Marin, 623 So.2d 1182 (Fla. 1993).
SIXTH AFFIRMATIVE DEFENSE

This Defendant states that Plaintiff had the last clear chance to avoid the accident in
question and failed to do so, and as a result, Plaintiff is guilty of negligence

CERTIFICATE OF SERVICE

I CERTIFY that a true copy of the above was furnished to DAVID L. HIRSCH, ESQ.,

pleadings@bhapa.law, david@bhapa.law and alex@pbhapa.law on August 6, 2018.

/s/Kelly R. High

Kelly R. High

Florida Bar No: 0153125
BUSH ROSS, P.A.

P.O. Box 3913

Tampa, FL 33601

(813) 224-9255

khigh@pbushross.com; tcollins@bushross.com
Attorneys for Defendant

66893 14.DOC