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Filing # 33286663 E-Filed 10/15/2015 02:35:18 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE — 15-013503
LAVERNE ROSS, as parent and
Natural Guardian of ZODIESHA
LAWTON, a minor,
Plaintiffs,
vs.
WILLIAM MEYER,
Defendant.
/
DEFENDANTS WILLIAM MEYER’S,
ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL
COMES NOW, the Defendant, WILLIAM MEYER, by and through the undersigned
counsel, and files his Answer and Affirmative Defenses to the Complaint as follows:
1. Defendant DENIES the allegations contained in paragraphs 1, 2, 3, 4, 5 and 6
of the Plaintiffs’ Complaint and demand strict proof thereof.
AFFIRMATIVE DEFENSES
2. The Defendant, WILLIAM MEYER would state that the Plaintiff, LAVERNE ROSS
was comparatively negligent by failing to do or doing one or more of the following:
(a) failing to follow or obey all applicable traffic regulations;
(b) negligently operating and/or driving the motor vehicle;
(c) failing to take any and all evasive measures or actions to avoid contact
with the other vehicle; and
(d) causing the accident.
HAMILTON, MILLER & BIRTHISEL, LLP
150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-369
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/15/2015 2:35:19 PM.****The Defendant furthermore states that any such actions as stated herein would therefore
bar or diminish the Plaintiff's rights of recovery in this suit.
3. This cause of action is governed by Florida Statute '627.7372 and/or Florida Statute
768.76 in that the Plaintiff has been reimbursed by one or more of the collateral sources
enumerated in these Statutes.
4. Defendant, would affirmatively allege that this action is controlled by Florida
Statute 627.737 Et. Seq. and that the plaintiff’s injuries do not consist in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other
than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
5. This Defendant affirmatively alleges that: a) at the time of the incident complained of,
the Plaintiff had available for him/her, the use of a functioning seat belt and/or car seat required
by a minor; b) the Plaintiff at the time of the incident complained of, failed to use the seat belt
and/or car seat required by a minor, and such failure was unreasonable under the circumstances;
c) had the Plaintiff utilized the seat belt and/or car seat available to him/her at the time of this
accident, it would have substantially reduced or prevented any bodily injury claimed as a result
of this accident, and would substantially reduce the Plaintiffs right to recovery herein.
6. This Defendant affirmatively alleges that the co-Plaintiff/driver, Laverne Ross so
carelessly and negligently conducted herself at the time and place of the accident complained of
herein as to be the sole and/or contributing proximate cause of this accident and purported
injuries.
HAMILTON, MILLER & BIRTHISEL, LLP
150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-3697. This defendant affirmatively alleges that Laverne Ross was negligent in the
supervision of her minor children, specifically Zodiesha Lawton in this case and is thereby liable
for any purported injuries.
DEMAND FOR TRIAL BY JURY
The defendants demand a jury trial in this action.
MOTION TO STRIKE
COMES NOW, the defendant, WILLIAM MEYER, by and through undersigned
counsel and pursuant to the Florida Rules of Civil Procedure and Statutes and files this Motion to
Strike claim for “attorney’s fees” from the Complaint in support thereof states as follows:
1. This case stems from a motor vehicle accident.
2. In the plaintiff’s Complaint in the “wherefore” clause, the plaintiff alleges and claims
“attorney fees” as part of her prayer for relief.
3. There is no provision in law that would automatically entitle the plaintiff to fees in
personal injury cause of action.
4. As such, this portion of the “wherefore clause” should be stricken from the plaintiff's
Complaint.
[Certificate of Service on the Following Page]
HAMILTON, MILLER & BIRTHISEL, LLP
150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-369CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed with the Clerk of Court and emailed on October 15,2015 to: Stephen E. Bailey, Esq.,
Stephen E. Bailey, PA., 9008 Seminole Blvd, Seminole, FL 33772 (sebail
mpabay.1r.com).
HAMILTON, MILLER & BIRTHISEL, LLP.
150 Southeast Second Avenue, Suite 1200
Miami, Florida 33131-2332
Telephone: 305-379-3686
Facsimile: 305-379-3690
BY:_/s/ Derek Barba __
Derek B. Barba, Esq.
Florida Bar No.: 133833
Greg Vallejos, Esq.
Florida Bar No.: 106215
dbarba@hamiltonmillerlaw.com
aw.com
miltonmillerlaw.com
@hamiltonmillcrlaw.com
nman
yalvar
HAMILTON, MILLER & BIRTHISEL, LLP
150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-369
Preview
Filing # 33286663 E-Filed 10/15/2015 02:35:18 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE — 15-013503 LAVERNE ROSS, as parent and Natural Guardian of ZODIESHA LAWTON, a minor, Plaintiffs, vs. WILLIAM MEYER, Defendant. / DEFENDANTS WILLIAM MEYER’S, ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL COMES NOW, the Defendant, WILLIAM MEYER, by and through the undersigned counsel, and files his Answer and Affirmative Defenses to the Complaint as follows: 1. Defendant DENIES the allegations contained in paragraphs 1, 2, 3, 4, 5 and 6 of the Plaintiffs’ Complaint and demand strict proof thereof. AFFIRMATIVE DEFENSES 2. The Defendant, WILLIAM MEYER would state that the Plaintiff, LAVERNE ROSS was comparatively negligent by failing to do or doing one or more of the following: (a) failing to follow or obey all applicable traffic regulations; (b) negligently operating and/or driving the motor vehicle; (c) failing to take any and all evasive measures or actions to avoid contact with the other vehicle; and (d) causing the accident. HAMILTON, MILLER & BIRTHISEL, LLP 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-369 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/15/2015 2:35:19 PM.****The Defendant furthermore states that any such actions as stated herein would therefore bar or diminish the Plaintiff's rights of recovery in this suit. 3. This cause of action is governed by Florida Statute '627.7372 and/or Florida Statute 768.76 in that the Plaintiff has been reimbursed by one or more of the collateral sources enumerated in these Statutes. 4. Defendant, would affirmatively allege that this action is controlled by Florida Statute 627.737 Et. Seq. and that the plaintiff’s injuries do not consist in whole or in part of: (a) Significant and permanent loss of an important bodily function. (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. (c) Significant and permanent scarring or disfigurement. (d) Death. 5. This Defendant affirmatively alleges that: a) at the time of the incident complained of, the Plaintiff had available for him/her, the use of a functioning seat belt and/or car seat required by a minor; b) the Plaintiff at the time of the incident complained of, failed to use the seat belt and/or car seat required by a minor, and such failure was unreasonable under the circumstances; c) had the Plaintiff utilized the seat belt and/or car seat available to him/her at the time of this accident, it would have substantially reduced or prevented any bodily injury claimed as a result of this accident, and would substantially reduce the Plaintiffs right to recovery herein. 6. This Defendant affirmatively alleges that the co-Plaintiff/driver, Laverne Ross so carelessly and negligently conducted herself at the time and place of the accident complained of herein as to be the sole and/or contributing proximate cause of this accident and purported injuries. HAMILTON, MILLER & BIRTHISEL, LLP 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-3697. This defendant affirmatively alleges that Laverne Ross was negligent in the supervision of her minor children, specifically Zodiesha Lawton in this case and is thereby liable for any purported injuries. DEMAND FOR TRIAL BY JURY The defendants demand a jury trial in this action. MOTION TO STRIKE COMES NOW, the defendant, WILLIAM MEYER, by and through undersigned counsel and pursuant to the Florida Rules of Civil Procedure and Statutes and files this Motion to Strike claim for “attorney’s fees” from the Complaint in support thereof states as follows: 1. This case stems from a motor vehicle accident. 2. In the plaintiff’s Complaint in the “wherefore” clause, the plaintiff alleges and claims “attorney fees” as part of her prayer for relief. 3. There is no provision in law that would automatically entitle the plaintiff to fees in personal injury cause of action. 4. As such, this portion of the “wherefore clause” should be stricken from the plaintiff's Complaint. [Certificate of Service on the Following Page] HAMILTON, MILLER & BIRTHISEL, LLP 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-369CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Clerk of Court and emailed on October 15,2015 to: Stephen E. Bailey, Esq., Stephen E. Bailey, PA., 9008 Seminole Blvd, Seminole, FL 33772 (sebail mpabay.1r.com). HAMILTON, MILLER & BIRTHISEL, LLP. 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131-2332 Telephone: 305-379-3686 Facsimile: 305-379-3690 BY:_/s/ Derek Barba __ Derek B. Barba, Esq. Florida Bar No.: 133833 Greg Vallejos, Esq. Florida Bar No.: 106215 dbarba@hamiltonmillerlaw.com aw.com miltonmillerlaw.com @hamiltonmillcrlaw.com nman yalvar HAMILTON, MILLER & BIRTHISEL, LLP 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: 305-379-3686 Facsimile: 305-379-369