On June 21, 2017 a
Answer
was filed
involving a dispute between
Ruscalleda, Nilda,
and
Wal-Mart Stores, Inc.,
for Comm Premises Liability
in the District Court of Miami-Dade County.
Preview
Filing # 58897180 E-Filed 07/12/2017 11:21:36 AM
IN AND FOR THE CIRCUIT COURT
OF THE 11TH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA
CASE NO.: 17-014924 CA (11)
NILDA RUSCALLEDA,
Plaintiff,
Vv.
WAL-MART STORES, INC. a foreign
corporation,
Defendant.
/
DEFENDANT’S ANSWER TO COMPLAINT
AND AFFIRMATIVE DEFENSES
COMES NOW the Defendant, WAL-MART STORES, INC., by and through
undersigned counsel and in response to the Complaint filed herein against it states as
follows:
Defendant denies each and every allegation of the Complaint filed herein and
demands strict proof thereof.
FIRST AFFIRMATIVE DEFENSE
As an affirmative defense, Defendant states that the Plaintiff was guilty of
negligence which was the sole or contributing cause of any injury or damage sustained
by the Plaintiff.
SECOND AFFIRMATIVE DEFENSE
As a further affirmative defense, Defendant states that the sole cause or
contributing cause of any injuries or damages complained of by the Plaintiff was due to
the negligence of third parties, who are neither agents nor employees of this Defendant,Case No.: 17-014924 CA (11)
or through some intervening proximate cause and/or condition.
THIRD AFFIRMATIVE DEFENSE
As a further affirmative defense, Defendant states that some or all of Plaintiff's
alleged special damages have been paid by collateral sources and Plaintiff is not
entitled to duplicate recovery of these amounts or, in the alternative, evidence of
collateral source payments should be submitted to the Jury.
FOURTH AFFIRMATIVE DEFENSE
As a further affirmative defense, Defendant states that Plaintiff has failed to
mitigate her damages.
DEMAND FOR JURY TRIAL
Defendant demands trial by jury as to all issues so triable.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on July 12, 2017, the foregoing was electronically
filed with the Clerk of the Court by using the Florida Courts e-Filing Portal. It is further
certified that a true and correct copy of the foregoing has been furnished via e-mail to:
Jonathan R. Friedland, Esquire, Friedland Law Group, 1430 South Dixie Highway, Suite
305, Coral Gables, FL 33146; email@friedlandlawgroup.com
By: Samuel S. Lewis
Samuel S. Lewis, Esq.
Florida Bar No.: 380261
Marlow Adler Abrams Newman & Lewis
4000 Ponce de Leon Blvd., Suite 570
Coral Gables, FL 33146
(305) 460-6520 Telephone
(305) 446-3667 Facsimile
E-Mail: slewis@marlowadler.com
jrenwick@marlowadler.com
Attorneys for Walmart Stores, Inc.
20f2
Document Filed Date
July 12, 2017
Case Filing Date
June 21, 2017
Category
Comm Premises Liability
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Filing # 58897180 E-Filed 07/12/2017 11:21:36 AM IN AND FOR THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 17-014924 CA (11) NILDA RUSCALLEDA, Plaintiff, Vv. WAL-MART STORES, INC. a foreign corporation, Defendant. / DEFENDANT’S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES COMES NOW the Defendant, WAL-MART STORES, INC., by and through undersigned counsel and in response to the Complaint filed herein against it states as follows: Defendant denies each and every allegation of the Complaint filed herein and demands strict proof thereof. FIRST AFFIRMATIVE DEFENSE As an affirmative defense, Defendant states that the Plaintiff was guilty of negligence which was the sole or contributing cause of any injury or damage sustained by the Plaintiff. SECOND AFFIRMATIVE DEFENSE As a further affirmative defense, Defendant states that the sole cause or contributing cause of any injuries or damages complained of by the Plaintiff was due to the negligence of third parties, who are neither agents nor employees of this Defendant,Case No.: 17-014924 CA (11) or through some intervening proximate cause and/or condition. THIRD AFFIRMATIVE DEFENSE As a further affirmative defense, Defendant states that some or all of Plaintiff's alleged special damages have been paid by collateral sources and Plaintiff is not entitled to duplicate recovery of these amounts or, in the alternative, evidence of collateral source payments should be submitted to the Jury. FOURTH AFFIRMATIVE DEFENSE As a further affirmative defense, Defendant states that Plaintiff has failed to mitigate her damages. DEMAND FOR JURY TRIAL Defendant demands trial by jury as to all issues so triable. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on July 12, 2017, the foregoing was electronically filed with the Clerk of the Court by using the Florida Courts e-Filing Portal. It is further certified that a true and correct copy of the foregoing has been furnished via e-mail to: Jonathan R. Friedland, Esquire, Friedland Law Group, 1430 South Dixie Highway, Suite 305, Coral Gables, FL 33146; email@friedlandlawgroup.com By: Samuel S. Lewis Samuel S. Lewis, Esq. Florida Bar No.: 380261 Marlow Adler Abrams Newman & Lewis 4000 Ponce de Leon Blvd., Suite 570 Coral Gables, FL 33146 (305) 460-6520 Telephone (305) 446-3667 Facsimile E-Mail: slewis@marlowadler.com jrenwick@marlowadler.com Attorneys for Walmart Stores, Inc. 20f2