Preview
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/18/2013 3:47:44 PM.****
Electronically Filed 06/18/2013 03:47:44 PM ET
Oe N THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD |
COUNTY, FLORIDA |
ALAN BELIZAIRE CIRCUIT CIVIL DIVISION
Plaintiff CASE NO, CACE 12-35082 - 14
Vv
FORT LAUDERDALE EXECUTIVE
FLIGHT SCHOOL, INC.
Defendant.
— eto ete ate
DEFENDANT FT, LAUDERDALE EXECUTIVE FLIGHT SCHOOL, INC,
ANSWER TO FIRST AMENDED COMPLAINT
COMES NOW, Defendant, FORT LAUDERDALE EXECUTIVE FLIGHT SCHOOL, INC
(EXECUTIVE) by and through the undersigned attorneys, hereby files and serves this Answer to
the First Amended Complaint and states:
1, EXECUTIVE states this paragraph contains jurisdictional statements to which no answer is
required. To the extent an answer is requested, EXECUTIVE admits that this is an action for
alleged damages in excess of $15,000 but denies that Plaintiff is entitled to any damages.
2. EXECUTIVE denies that the alleged accident occurred in Broward County, Florida and
demands strict proof thereof.
3. EXECUTIVE admits only that it was doing business in the State of Florida, EXECUTIVE
denies that it owned the aircraft identified as N432FT and demands strict proof thereof.
COUNT I - NEGLIGENCE
4. EXECUTIVE admits that Alan Belizaire and EXECUTIVE entered into the agreement
marked as Exhibit A to the First Amended Complaint. EXECUTIVE denies that Alan
Belizaire was enrolled as a flight student as of October 10, 2012 and further denies the
remaining allegations in this paragraph and demands strict proof thereof.
5, EXECUTIVE admits only that Alan Belizaire piloted a Cessna 172S, Registration Number
N423FT on October 10, 2012, EXECUTIVE denies the remaining allegations in this
paragraph and demands strict proof thereof.CASE NO, CACE 12-35082 - 14
EXECUTIVE is without knowledge of the allegations contained in this paragraph and
therefore denied.
EXECUTIVE is without knowledge of the allegations contained in this paragraph and
therefore denied.
8. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,
9. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof.
10, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,
11. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,
12. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof.
13. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof.
14, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,
15, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof.
16, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,
17, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,
COUNT Ii - BREACH OF CONTRACT
18. EXECUTIVE repeats and realleges its responses to Paragraphs 1-17 above as if fully stated
herein.
19, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof
thereof,CASE NO, CACE 12-35082 - 14
AFFIRMATIVE DEFENSES
. Plaintiff is not entitled to reasonable attorney fees pursuant to 448.104 as this is not an action
brought pursuant to Chapter 448 Florida Statutes.
EXECUTIVE states that the Plaintiff was guilty of negligence and the Plaintiff's negligence
was the sole, proximate cause or contributing cause of the damages complained of and the
recovery of Plaintiff, if any, should be barred or reduced proportionately pursuant to the
doctrine of comparative negligence.
EXECUTIVE states that it is entitled to all setoffs and limitations of liability pursuant to the
doctrine of comparative fault, including but not limited to the provisions of Florida Statute
Section 768,81,
EXECUTIVE states that the Plaintiff has failed to mitigate damages as required under
Florida law and any such recovery should be proportionately reduced as a result of this
failure.
. EXECUTIVE specifically claims any credit or set-off to which the Defendant may be
entitled for any and all payments paid or payable to the Plaintiff for any damages alleged in
the Complaint from any collateral source whatsoever.
EXECUTIVE states that it is in privity of contract with Plaintiff, Allain Belizaire, and that
any claim for damages arising from Plaintiffs flight training and aircraft rental from
EXECUTIVE is limited by the Flight Training and Aircraft Rental Agreement signed by
Plaintiff on or about September 29, 2010.
. EXECUTIVE states the Plaintiffs recovery for breach of contract is limited or completely
barred by the Doctrine of Avoidable Consequences because the Plaintiff has failed to
mitigate his damages.
. The Complaint fails to state a claim upon which relief can be granted.
. The Plaintiff's claimed damages, if any, were caused in whole or in part by the actions of
third parties over whom the Defendant has no control.
. To the extent the Complaint attempts to allege any duties upon the Defendant above and
beyond those imposed by the Federal Aviation Regulations those duties are preempted by
federal law.CASE NO. CACE 12-35082 - 14
11, Defendant demands a trial by jury of all issues so triable as of right by a jury.
WHEREFORE, Defendant demands this action be dismissed, and judgment entered against the
Plaintiff, ALAN BELIZAIRE, and for reasonable attorneys fees and costs, and any further relief
as this Honorable Court deems just and proper.
WE HEREBY CERTIFY that a copy hereof has been furnished to Michael A. Moulis,
Esquire, Mmoulis7@gmail.com; Joseph Titone, Esquire, joctitone708@comcast.net; by e-nail
_ day of June, 2013.
lit O st
4s/ Robert C. Bauroth
Robert C, Bauroth
Florida Bar No. 237940
WICKER, SMITH, O’HARA,
McCOY & FORD, P.A,
Attorneys for
515 E, Las Olas Boulevard
SunTrust Center, Suite 1400
P.O, Box 14460
Ft, Lauderdale, FL 33302
Phone: (954) 847-4800
Fax: (954) 760-9353
filertpleadings@wickersmith.com
on this |
Preview
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/18/2013 3:47:44 PM.**** Electronically Filed 06/18/2013 03:47:44 PM ET Oe N THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD | COUNTY, FLORIDA | ALAN BELIZAIRE CIRCUIT CIVIL DIVISION Plaintiff CASE NO, CACE 12-35082 - 14 Vv FORT LAUDERDALE EXECUTIVE FLIGHT SCHOOL, INC. Defendant. — eto ete ate DEFENDANT FT, LAUDERDALE EXECUTIVE FLIGHT SCHOOL, INC, ANSWER TO FIRST AMENDED COMPLAINT COMES NOW, Defendant, FORT LAUDERDALE EXECUTIVE FLIGHT SCHOOL, INC (EXECUTIVE) by and through the undersigned attorneys, hereby files and serves this Answer to the First Amended Complaint and states: 1, EXECUTIVE states this paragraph contains jurisdictional statements to which no answer is required. To the extent an answer is requested, EXECUTIVE admits that this is an action for alleged damages in excess of $15,000 but denies that Plaintiff is entitled to any damages. 2. EXECUTIVE denies that the alleged accident occurred in Broward County, Florida and demands strict proof thereof. 3. EXECUTIVE admits only that it was doing business in the State of Florida, EXECUTIVE denies that it owned the aircraft identified as N432FT and demands strict proof thereof. COUNT I - NEGLIGENCE 4. EXECUTIVE admits that Alan Belizaire and EXECUTIVE entered into the agreement marked as Exhibit A to the First Amended Complaint. EXECUTIVE denies that Alan Belizaire was enrolled as a flight student as of October 10, 2012 and further denies the remaining allegations in this paragraph and demands strict proof thereof. 5, EXECUTIVE admits only that Alan Belizaire piloted a Cessna 172S, Registration Number N423FT on October 10, 2012, EXECUTIVE denies the remaining allegations in this paragraph and demands strict proof thereof.CASE NO, CACE 12-35082 - 14 EXECUTIVE is without knowledge of the allegations contained in this paragraph and therefore denied. EXECUTIVE is without knowledge of the allegations contained in this paragraph and therefore denied. 8. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof, 9. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof. 10, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof, 11. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof, 12. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof. 13. EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof. 14, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof, 15, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof. 16, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof, 17, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof, COUNT Ii - BREACH OF CONTRACT 18. EXECUTIVE repeats and realleges its responses to Paragraphs 1-17 above as if fully stated herein. 19, EXECUTIVE denies the allegations contained in this paragraph and demands strict proof thereof,CASE NO, CACE 12-35082 - 14 AFFIRMATIVE DEFENSES . Plaintiff is not entitled to reasonable attorney fees pursuant to 448.104 as this is not an action brought pursuant to Chapter 448 Florida Statutes. EXECUTIVE states that the Plaintiff was guilty of negligence and the Plaintiff's negligence was the sole, proximate cause or contributing cause of the damages complained of and the recovery of Plaintiff, if any, should be barred or reduced proportionately pursuant to the doctrine of comparative negligence. EXECUTIVE states that it is entitled to all setoffs and limitations of liability pursuant to the doctrine of comparative fault, including but not limited to the provisions of Florida Statute Section 768,81, EXECUTIVE states that the Plaintiff has failed to mitigate damages as required under Florida law and any such recovery should be proportionately reduced as a result of this failure. . EXECUTIVE specifically claims any credit or set-off to which the Defendant may be entitled for any and all payments paid or payable to the Plaintiff for any damages alleged in the Complaint from any collateral source whatsoever. EXECUTIVE states that it is in privity of contract with Plaintiff, Allain Belizaire, and that any claim for damages arising from Plaintiffs flight training and aircraft rental from EXECUTIVE is limited by the Flight Training and Aircraft Rental Agreement signed by Plaintiff on or about September 29, 2010. . EXECUTIVE states the Plaintiffs recovery for breach of contract is limited or completely barred by the Doctrine of Avoidable Consequences because the Plaintiff has failed to mitigate his damages. . The Complaint fails to state a claim upon which relief can be granted. . The Plaintiff's claimed damages, if any, were caused in whole or in part by the actions of third parties over whom the Defendant has no control. . To the extent the Complaint attempts to allege any duties upon the Defendant above and beyond those imposed by the Federal Aviation Regulations those duties are preempted by federal law.CASE NO. CACE 12-35082 - 14 11, Defendant demands a trial by jury of all issues so triable as of right by a jury. WHEREFORE, Defendant demands this action be dismissed, and judgment entered against the Plaintiff, ALAN BELIZAIRE, and for reasonable attorneys fees and costs, and any further relief as this Honorable Court deems just and proper. WE HEREBY CERTIFY that a copy hereof has been furnished to Michael A. Moulis, Esquire, Mmoulis7@gmail.com; Joseph Titone, Esquire, joctitone708@comcast.net; by e-nail _ day of June, 2013. lit O st 4s/ Robert C. Bauroth Robert C, Bauroth Florida Bar No. 237940 WICKER, SMITH, O’HARA, McCOY & FORD, P.A, Attorneys for 515 E, Las Olas Boulevard SunTrust Center, Suite 1400 P.O, Box 14460 Ft, Lauderdale, FL 33302 Phone: (954) 847-4800 Fax: (954) 760-9353 filertpleadings@wickersmith.com on this |