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Filing # 63873397 E-Filed 11/07/2017 01:50:53 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI COUNTY, FLORIDA
CIVIL DIVISION
ISABEL LEVINE, as Personal
Representative of the Estate of
JOSE CLEMENTE, Deceased,
Plaintiff, CASE NO. 17-CA-014511-01
vs.
SENIOR HEALTH — TREASURE
ISLES, LLC, d/b/a TREASURE
ISLE CARE CENTER,
Defendant,
/
DEFENDANT SENIOR HEALTH — TREASURE ISLE, LLC D/B/A
TREASURE ISLE CARE CENTER’S ANSWER, AFFIRMATIVE DEFENSES
AND DEMAND FOR JURY TRIAL TO PLAINTIFE’S COMPLAINT
COMES NOW defendant Senior Health — Treasure Isle, LLC d/b/a Treasure Isle Care
Center, incorrectly named in the Complaint as SENIOR HEALTH — TREASURE ISLES, LLC,
d/b/a TREASURE ISLE CARE CENTER (“Treasure Isle Care Center”), by and through the
undersigned counsel and files its Answer, Affirmative Defenses and Demand for Jury Trial to
Plaintiff's Complaint as follows:
1. Unknown, therefore denied.
2 Unknown, therefore denied.
3. Unknown, therefore denied.
4 Unknown, therefore denied.
5. Admit that Senior Health — Treasure Isle was licensed and authorized to do
business as a nursing home in Florida as TREASURE ISLE CARE CENTER.
The remaining allegations are denied.
2406328-16 Admit.
7. Denied as a legal conclusion.
8 Denied.
9. Denied
10. Denied.
11 Denied
12. Denied.
13 Denied
14. Denied.
COUNTI
CHAPTER 400 CLAIM AGAINST
SENIOR HEALTH — TREASURE ISLE, LLC
d/b/a TREASURE ISLE CARE CENTER
Defendant hereby realleges Paragraphs 1 through 14 above.
15. (a-d) Denied.
16. Denied
17. Denied.
18 Denied
19. (a—n) Denied
20. Denied.
24. — (a-b) Denied.
AFFIRMATIVE DEFENSES
1 At all times material hereto, plaintiff received medical and/or benefits from
collateral sources and, therefore, any recovery by plaintiff should be reduced accordingly.
2406328-12. At all times material hereto, if plaintiff and/or JOSE L. CLEMENTE suffered
injuries as alleged in the Complaint, said injuries resulted from the negligence of some person,
corporation or entity other than defendant, and defendant is liable only for their proportionate
share of fault, if any, pursuant to Fla. Stat. §768.81(3). The exact identity of these other persons,
corporations or entities will be disclosed at such future time as required by the Court.
3. In the event of a judgment for the plaintiff herein, defendant is entitled to have the
judgment made payable in accordance with alternative method of payment of damage awards
pursuant to Fla. Statutes 768.78
4 Defendant affirmatively allege that the injuries, damages of JOSE L.
CLEMENTE was the sole and proximate result of, or substantially contributed to by, pre-
existing conditions, intervening medical conditions, and/or clinically unavoidable medical
conditions. These conditions were neither a consequence nor a result of any negligence by
defendant.
5. Defendant is entitled to a set-off pursuant to Florida Statutes 768.31, 768.76 and
any other applicable Florida statutes or case law, if plaintiff has received payment from either a
collateral source or a potential tort feasor
6. Plaintiff's claim is barred by the applicable statute of limitations.
7. The claim fails to state a claim upon which relief can be granted.
DEMAND FOR JURY TRIAL
Defendant demands a trial by jury as to all issues triable as a matter or right by a jury.
2406328-1CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
electronic delivery on this 7th day of November, 2017 to William A. Dean, BCS,
Bill@forddean.com; zee@forddean.com; and Service@forddean.com, FORD, DEAN &
ROTUNDO, P.A., Turnberry Plaza, Suite 600, 2875 N.E. 191 Street, Aventura, FL 33180.
2406328-1
/s/Amy L. Christiansen
George M. Vinci, Jr., Esq.
Florida Bar No.: 817201
Amy L. Christiansen Esq
Florida Bar No.: 0602841
360 Central Avenue, Suite 1550
St. Petersburg, FL 33701
Telephone 727-896-4600
Facsimile 727-896-4604
Primary achristiansen@lawser.com
Secondary dpetersburg@lawsgr.com
Tertiary: pleadings@lawsgr.com
Attorneys for Defendant
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Filing # 63873397 E-Filed 11/07/2017 01:50:53 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI COUNTY, FLORIDA CIVIL DIVISION ISABEL LEVINE, as Personal Representative of the Estate of JOSE CLEMENTE, Deceased, Plaintiff, CASE NO. 17-CA-014511-01 vs. SENIOR HEALTH — TREASURE ISLES, LLC, d/b/a TREASURE ISLE CARE CENTER, Defendant, / DEFENDANT SENIOR HEALTH — TREASURE ISLE, LLC D/B/A TREASURE ISLE CARE CENTER’S ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL TO PLAINTIFE’S COMPLAINT COMES NOW defendant Senior Health — Treasure Isle, LLC d/b/a Treasure Isle Care Center, incorrectly named in the Complaint as SENIOR HEALTH — TREASURE ISLES, LLC, d/b/a TREASURE ISLE CARE CENTER (“Treasure Isle Care Center”), by and through the undersigned counsel and files its Answer, Affirmative Defenses and Demand for Jury Trial to Plaintiff's Complaint as follows: 1. Unknown, therefore denied. 2 Unknown, therefore denied. 3. Unknown, therefore denied. 4 Unknown, therefore denied. 5. Admit that Senior Health — Treasure Isle was licensed and authorized to do business as a nursing home in Florida as TREASURE ISLE CARE CENTER. The remaining allegations are denied. 2406328-16 Admit. 7. Denied as a legal conclusion. 8 Denied. 9. Denied 10. Denied. 11 Denied 12. Denied. 13 Denied 14. Denied. COUNTI CHAPTER 400 CLAIM AGAINST SENIOR HEALTH — TREASURE ISLE, LLC d/b/a TREASURE ISLE CARE CENTER Defendant hereby realleges Paragraphs 1 through 14 above. 15. (a-d) Denied. 16. Denied 17. Denied. 18 Denied 19. (a—n) Denied 20. Denied. 24. — (a-b) Denied. AFFIRMATIVE DEFENSES 1 At all times material hereto, plaintiff received medical and/or benefits from collateral sources and, therefore, any recovery by plaintiff should be reduced accordingly. 2406328-12. At all times material hereto, if plaintiff and/or JOSE L. CLEMENTE suffered injuries as alleged in the Complaint, said injuries resulted from the negligence of some person, corporation or entity other than defendant, and defendant is liable only for their proportionate share of fault, if any, pursuant to Fla. Stat. §768.81(3). The exact identity of these other persons, corporations or entities will be disclosed at such future time as required by the Court. 3. In the event of a judgment for the plaintiff herein, defendant is entitled to have the judgment made payable in accordance with alternative method of payment of damage awards pursuant to Fla. Statutes 768.78 4 Defendant affirmatively allege that the injuries, damages of JOSE L. CLEMENTE was the sole and proximate result of, or substantially contributed to by, pre- existing conditions, intervening medical conditions, and/or clinically unavoidable medical conditions. These conditions were neither a consequence nor a result of any negligence by defendant. 5. Defendant is entitled to a set-off pursuant to Florida Statutes 768.31, 768.76 and any other applicable Florida statutes or case law, if plaintiff has received payment from either a collateral source or a potential tort feasor 6. Plaintiff's claim is barred by the applicable statute of limitations. 7. The claim fails to state a claim upon which relief can be granted. DEMAND FOR JURY TRIAL Defendant demands a trial by jury as to all issues triable as a matter or right by a jury. 2406328-1CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via electronic delivery on this 7th day of November, 2017 to William A. Dean, BCS, Bill@forddean.com; zee@forddean.com; and Service@forddean.com, FORD, DEAN & ROTUNDO, P.A., Turnberry Plaza, Suite 600, 2875 N.E. 191 Street, Aventura, FL 33180. 2406328-1 /s/Amy L. Christiansen George M. Vinci, Jr., Esq. Florida Bar No.: 817201 Amy L. Christiansen Esq Florida Bar No.: 0602841 360 Central Avenue, Suite 1550 St. Petersburg, FL 33701 Telephone 727-896-4600 Facsimile 727-896-4604 Primary achristiansen@lawser.com Secondary dpetersburg@lawsgr.com Tertiary: pleadings@lawsgr.com Attorneys for Defendant