On December 31, 2018 a
Answer
was filed
involving a dispute between
Michael Tillage,
and
Geregory Smith,
Miranda Smith,
for CA - Auto Negligence
in the District Court of Orange County.
Preview
Filing # 84274111 E-Filed 02/01/2019 11:19:33 AM
0444963532.2
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
MICHAEL TILLAGE, CASE NO.
2019-CA-23- O
PLAINTIFF,
VS.
GREGORY DANIEL SMITH, AND MIRANDA
MARIE SMITH,
DEFENDANTS.
DEFENDANT’S ANSWER TO COMPLAINT
Defendants, GREGORY DANIEL SMITH AND MIRANDA MARIE SMITH, by and
through the undersigned counsel, answer(s) the Complaint as follows:
1. Defendants deny the allegations in all Paragraphs unless otherwise specifically
admitted.
2. Defendants admits the allegations in paragraphs three (3), four (4), six (6), seven (7)
and eight (8).
3. As to the allegations in paragraph two (2), Defendant is without knowledge and
therefore denies.
4. For an affirmative defense, Defendants allege that any recovery should be reduced or
barred by Plaintiff failure to mitigate the damages alleged.
5. For an additional affirmative defense, Defendants allege that any recovery should be
reduced or barred as the damages alleged were caused in whole or in part by the negligence of
Plaintiff.
6. For an additional affirmative defense, Defendants allege that any recovery should be
reduced or barred as the damages alleged by Plaintiff were caused by the sole negligence of a
third party.
7. For an additional affirmative defense, Defendants allege that any recovery should be
reduced or barred as the claim of Plaintiff is restricted to the benefits of the Florida Motor
Vehicle No-Fault Law.
8. For an additional affirmative defense, Defendants allege that any recovery should be
reduced or barred by all amounts paid or payable to or for the benefit of Plaintiff under the
CASE NO. 2019-CA-23- O
personal injury protection portion of any applicable or required automobile insurance policy or
any other collateral source as enumerated by Florida Law.
9. For an additional affirmative defense, Defendants allege 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.
10. For an additional affirmative defense, Defendants allege that any recovery should be
reduced or barred if Plaintiff failure to use an available and operational seat belt caused or
contributed to Plaintiff damages, if any.
11. For an additional affirmative defense, Defendants allege entitlement to immunity
from liability for the amount of any deductible selected by Plaintiff or by which Plaintiff is bound
pursuant to any applicable automobile insurance agreement(s) providing personal injury
protection coverage issued or renewed before October 1, 2003.
12. For an additional affirmative defense, Defendants allege that any recovery should be
reduced or barred by the application of Florida Statute 768.81.
WHEREFORE, Defendants demand(s) trial by Jury of all issues so triable as a matter of
right by Jury.
2
CASE NO. 2019-CA-23- O
I HEREBY CERTIFY that on the 1 day of February , 2019,
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Answer has been
electronically filed and served using the Florida Courts E-Filing Portal to:
Attorney for Plaintiff
Tiffany M. Faddis, Esquire
Dan Newlin & Partners
7335 W Sand Lake Rd Ste 250
Orlando FL 32819
Tiffany.Faddis@newlinlaw.com
Tfaddispleadings@Newlinlaw.com
collin.pitney@newlinlaw.com
407-845-1756
LAW OFFICES OF ROBERT J. SMITH
390 North Orange Avenue, Suite 895
Orlando, FL 32801-1635
Telephone: (407) 428-0331
Toll Free: (877) 536-5404 ext 4280331
Attorney Direct: (239) 334-2065
Fax: (877) 437-1334
By:
JENNIE ZILNER LIPPERT
FL Bar No. 98184
Attorney for Defendants
GREGORY DANIEL SMITH and MIRANDA
MARIE SMITH
PRINCIPAL E-MAIL ADDRESS:
ORLANDOLEGAL@ALLSTATE.COM
3
Document Filed Date
February 01, 2019
Case Filing Date
December 31, 2018
Category
CA - Auto Negligence
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Filing # 84274111 E-Filed 02/01/2019 11:19:33 AM 0444963532.2 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION MICHAEL TILLAGE, CASE NO. 2019-CA-23- O PLAINTIFF, VS. GREGORY DANIEL SMITH, AND MIRANDA MARIE SMITH, DEFENDANTS. DEFENDANT’S ANSWER TO COMPLAINT Defendants, GREGORY DANIEL SMITH AND MIRANDA MARIE SMITH, by and through the undersigned counsel, answer(s) the Complaint as follows: 1. Defendants deny the allegations in all Paragraphs unless otherwise specifically admitted. 2. Defendants admits the allegations in paragraphs three (3), four (4), six (6), seven (7) and eight (8). 3. As to the allegations in paragraph two (2), Defendant is without knowledge and therefore denies. 4. For an affirmative defense, Defendants allege that any recovery should be reduced or barred by Plaintiff failure to mitigate the damages alleged. 5. For an additional affirmative defense, Defendants allege that any recovery should be reduced or barred as the damages alleged were caused in whole or in part by the negligence of Plaintiff. 6. For an additional affirmative defense, Defendants allege that any recovery should be reduced or barred as the damages alleged by Plaintiff were caused by the sole negligence of a third party. 7. For an additional affirmative defense, Defendants allege that any recovery should be reduced or barred as the claim of Plaintiff is restricted to the benefits of the Florida Motor Vehicle No-Fault Law. 8. For an additional affirmative defense, Defendants allege that any recovery should be reduced or barred by all amounts paid or payable to or for the benefit of Plaintiff under the CASE NO. 2019-CA-23- O personal injury protection portion of any applicable or required automobile insurance policy or any other collateral source as enumerated by Florida Law. 9. For an additional affirmative defense, Defendants allege 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. 10. For an additional affirmative defense, Defendants allege that any recovery should be reduced or barred if Plaintiff failure to use an available and operational seat belt caused or contributed to Plaintiff damages, if any. 11. For an additional affirmative defense, Defendants allege entitlement to immunity from liability for the amount of any deductible selected by Plaintiff or by which Plaintiff is bound pursuant to any applicable automobile insurance agreement(s) providing personal injury protection coverage issued or renewed before October 1, 2003. 12. For an additional affirmative defense, Defendants allege that any recovery should be reduced or barred by the application of Florida Statute 768.81. WHEREFORE, Defendants demand(s) trial by Jury of all issues so triable as a matter of right by Jury. 2 CASE NO. 2019-CA-23- O I HEREBY CERTIFY that on the 1 day of February , 2019, pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Answer has been electronically filed and served using the Florida Courts E-Filing Portal to: Attorney for Plaintiff Tiffany M. Faddis, Esquire Dan Newlin & Partners 7335 W Sand Lake Rd Ste 250 Orlando FL 32819 Tiffany.Faddis@newlinlaw.com Tfaddispleadings@Newlinlaw.com collin.pitney@newlinlaw.com 407-845-1756 LAW OFFICES OF ROBERT J. SMITH 390 North Orange Avenue, Suite 895 Orlando, FL 32801-1635 Telephone: (407) 428-0331 Toll Free: (877) 536-5404 ext 4280331 Attorney Direct: (239) 334-2065 Fax: (877) 437-1334 By: JENNIE ZILNER LIPPERT FL Bar No. 98184 Attorney for Defendants GREGORY DANIEL SMITH and MIRANDA MARIE SMITH PRINCIPAL E-MAIL ADDRESS: ORLANDOLEGAL@ALLSTATE.COM 3