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Filing # 60212770 E-Filed 08/10/2017 10:27:30 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
MIKEY MOMBRANCHE, CASE NO.: CACE15013571 (25)
Plaintiff,
vs.
DANIELA HERNANDEZ, CHAD
ASLIN AND IMS LANDSCAPING,
INC.,
Defendants.
/
DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT
AND AFFIRMATIVE DEFENSES
COMES NOW, the Defendant, CHAD ASLIN (hereinafter “Defendant’”), by and through
the undersigned attorneys, and hereby files his Answer to the Plaintiff's First Amended
Complaint as follows:
1. Admit paragraph 1 for jurisdictional purposes only; otherwise, deny.
2. The Defendants admit paragraphs 2, 3, 4, 5, 6, 7, 8 and 11 of the Plaintiff's
Complaint.
3. The Defendants deny paragraphs 9 and 12 of the Plaintiff's Complaint and request
strict proof thereof at time of trial.
4. As to paragraph 10, the Defendants reasserts his prior responses.
5. Since Counts II and III (paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26) of the Plaintiffs Complaint do not set forth a claim against the Defendants, said
paragraphs are neither admitted nor denied by the Defendants.
6. The Defendant denies each and every allegation not specifically admitted herein
and request strict proof thereof at time of trial.
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 8/10/2017 10:27:30 AM.****AFFIRMATIVE DEFENSES
7, That the Plaintiffs claims are barred by the tort exemption provision of the
Florida Motor Vehicle No-Fault Act, Sections 627.730 — 627.7405, Florida Statutes, in that the
Plaintiff failed to meet the threshold provisions of said act, and therefore Plaintiff is not entitled
to recover against the Defendants.
8. That the Plaintiff, MIKEY MOMBRANCHE, is not entitled to recover as damages
in this case any amount which represents payment of any medical expense or lost wages paid or
payable from Personal Injury Protection insurance coverage or any other collateral source.
9. The Defendant is entitled to a set-off for the amount of medical bills that were
written off by medical providers who examined and/or treated the Plaintiff pursuant to the
Plaintiff's contracts with any health insurance/maintenance organizations, Goble v. Frohman, 901
So.2d 830 (Fla. 2005), and/or reduced upon the Plaintiff's acceptance of payments from Medicare
and/or Medicaid, Thyssenkrupp Elevator Corp. v. Lasky, 868 So.2d 547 (Fla. 4th DCA 2003).
WHEREFORE, the Defendant, CHAD ASLIN, demands judgment in Defendants' favor
and against the Plaintiff, MIKEY MOMBRANCHE, demand strict proof of all allegations in the
Plaintiff's Complaint, and for any and all further relief that this Honorable Court deems just and
proper.
DEMAND FOR JURY TRIAL
The Defendant, CHAD ASLIN demands trial by jury of all issues so triable by a jury in
this action.
I HEREBY CERTIFY that on August 9, 2017, the foregoing was electronically filed with
the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have
effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on
Devin P. Tison, Esq., service@myflattorney.com, DTison@myflattorney.com, Reinfeld Cabrera
Tison, 10235 West Sample Road, Suite 207, Coral Springs, FL 33065.NICHOLAS J. RYAN & ASSOCIATES
110 S. E. 6th Street, Suite 2100
Fort Lauderdale, FL 33301
Telephone: (954) 627-9401
E-mail for service (FL R. Jud. Admin. 2.516):
flor.law-mikedavies.292019@statefarm.com
Michael R. Davies, Esq.
Florida Bar No.: 143847
Attorney for Defendant, CHAD ASLIN
Attorneys and Staff of Nicholas J. Ryan & Associates are Employees
of the Law Department of State Farm Mutual Automobile Insurance
‘Company
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Filing # 60212770 E-Filed 08/10/2017 10:27:30 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MIKEY MOMBRANCHE, CASE NO.: CACE15013571 (25) Plaintiff, vs. DANIELA HERNANDEZ, CHAD ASLIN AND IMS LANDSCAPING, INC., Defendants. / DEFENDANT’S ANSWER TO FIRST AMENDED COMPLAINT AND AFFIRMATIVE DEFENSES COMES NOW, the Defendant, CHAD ASLIN (hereinafter “Defendant’”), by and through the undersigned attorneys, and hereby files his Answer to the Plaintiff's First Amended Complaint as follows: 1. Admit paragraph 1 for jurisdictional purposes only; otherwise, deny. 2. The Defendants admit paragraphs 2, 3, 4, 5, 6, 7, 8 and 11 of the Plaintiff's Complaint. 3. The Defendants deny paragraphs 9 and 12 of the Plaintiff's Complaint and request strict proof thereof at time of trial. 4. As to paragraph 10, the Defendants reasserts his prior responses. 5. Since Counts II and III (paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26) of the Plaintiffs Complaint do not set forth a claim against the Defendants, said paragraphs are neither admitted nor denied by the Defendants. 6. The Defendant denies each and every allegation not specifically admitted herein and request strict proof thereof at time of trial. *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 8/10/2017 10:27:30 AM.****AFFIRMATIVE DEFENSES 7, That the Plaintiffs claims are barred by the tort exemption provision of the Florida Motor Vehicle No-Fault Act, Sections 627.730 — 627.7405, Florida Statutes, in that the Plaintiff failed to meet the threshold provisions of said act, and therefore Plaintiff is not entitled to recover against the Defendants. 8. That the Plaintiff, MIKEY MOMBRANCHE, is not entitled to recover as damages in this case any amount which represents payment of any medical expense or lost wages paid or payable from Personal Injury Protection insurance coverage or any other collateral source. 9. The Defendant is entitled to a set-off for the amount of medical bills that were written off by medical providers who examined and/or treated the Plaintiff pursuant to the Plaintiff's contracts with any health insurance/maintenance organizations, Goble v. Frohman, 901 So.2d 830 (Fla. 2005), and/or reduced upon the Plaintiff's acceptance of payments from Medicare and/or Medicaid, Thyssenkrupp Elevator Corp. v. Lasky, 868 So.2d 547 (Fla. 4th DCA 2003). WHEREFORE, the Defendant, CHAD ASLIN, demands judgment in Defendants' favor and against the Plaintiff, MIKEY MOMBRANCHE, demand strict proof of all allegations in the Plaintiff's Complaint, and for any and all further relief that this Honorable Court deems just and proper. DEMAND FOR JURY TRIAL The Defendant, CHAD ASLIN demands trial by jury of all issues so triable by a jury in this action. I HEREBY CERTIFY that on August 9, 2017, the foregoing was electronically filed with the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on Devin P. Tison, Esq., service@myflattorney.com, DTison@myflattorney.com, Reinfeld Cabrera Tison, 10235 West Sample Road, Suite 207, Coral Springs, FL 33065.NICHOLAS J. RYAN & ASSOCIATES 110 S. E. 6th Street, Suite 2100 Fort Lauderdale, FL 33301 Telephone: (954) 627-9401 E-mail for service (FL R. Jud. Admin. 2.516): flor.law-mikedavies.292019@statefarm.com Michael R. Davies, Esq. Florida Bar No.: 143847 Attorney for Defendant, CHAD ASLIN Attorneys and Staff of Nicholas J. Ryan & Associates are Employees of the Law Department of State Farm Mutual Automobile Insurance ‘Company