Answer: RAFAEL A MELARA VS MIAMI-DADE COUNTY

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                                Filing # 63600607 E-Filed 11/01/2017 12:21:43 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

RAFAEL A. MELARA, GENERAL JURISDICTION DIVISION
Plaintiff(s), CASE NO. 17-14544 CA 01 (21)

v.

MIAMI-DADE COUNTY,

Defendant(s).

DEFENDANT, MIAMI-DADE COUNTY’S ANSWER AND DEFENSES TO
PLAINTIFF’S AMENDED COMPL. T

 

Defendant, MIAMI-DADE COUNTY (the “County”), by and through undersigned
counsel, and pursuant to Florida Rule of Civil Procedure 1.140, hereby files this Answer and

Defenses to Plaintiff's Amended Complaint (the “Complaint”) and further states as follows:

1. The County admits the allegations contained in Paragraphs 3, 5 and 6 of the

Complaint.

2. The County is without knowledge as to the allegations contained in Paragraphs 1 and
2 of the Complaint

3. The County denies the allegations in Paragraphs 4, 7, 8 and 9 of the Complaint.

4. Defendant denies each and every allegation of the Complaint not otherwise

addressed herein.17-14544 CA 01 (21)

DEFENSES

1. The County specifically denies that the Plaintiff has complied with all requirements
and conditions precedent to bringing this action, in that he has failed to comply with the

presentation of claim requirements of Florida Statute Section 768.28 (6).

2. The injuries and damages claimed by the Plaintiff were caused by the negligence of
the Plaintiff in failing to take due care while driving, thereby reducing or barring Plaintiff's

damages under the doctrine of comparative negligence

3. At the time and place of the incident complained of, the Plaintiff had available for
use an operational seat belt which, had it been utilized, would have substantially reduced or
prevented the injuries and damages alleged by Plaintiff. Plaintiff's damages are therefore

barred or reduced as a result of that negligence under the doctrine of comparative negligence.

4. The County is entitled to a set-off against any of Plaintiff's alleged damages pursuant

to the provisions of Florida Statute Sections 627.736(3) and 627.737.

5. The County is entitled to a set-off from any recovery against it to the extent that the

value of all benefits received by or paid on behalf of the Plaintiff from any collateral source.

6. Any recovery of the Plaintiff herein must be diminished by the total amount of all
benefits, paid or payable, to the Plaintiff pursuant to the Florida Motor Vehicle No-Fault

Law, particularly Florida Statute Section 627.737.

7. Plaintiff has failed to mitigate its damages by failing to seek timely medical
treatment and/or follow appropriate medical advice; as such, Plaintiff's recovery, if any,
should be reduced by the amount it could have lessened its claimed injuries or damages.

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OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.515117-14544 CA 01 (21)

8. Plaintiffs claim for damages is barred because Plaintiff does not meet the no-fault

threshold for damages contained in Florida Statute Section 627.737

WHEREFORE, Defendant, MIAMI-DADE COUNTY, respectfully requests trial by jury
on all issues so triable, and that judgment be entered in favor of Defendant, MIAMI-DADE

COUNTY, and for such other relief as this Court deems just

Respectfully submitted,

ABIGAIL PRICE-WILLIAMS
Miami-Dade County Attorney

Attorney for Defendant Miami-Dade County
Stephen P. Clark Center, Suite 2810

111 Northwest First Street

Miami, Florida 33128-1993

By:_/s/ Sabrina Levin
Sabrina Levin
Assistant County Attorney

Florida Bar Number 27536
Telephone: (305) 375-2806

Fax (305) 375-5611
Email levin@miamidade.gov

sanchez@miamidade.gov

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by E-
MAIL generated by the Florida Courts E-Filing Portal on November 1, 2017 upon: Steven
G. Jugo, Esq., Law Office of Jugo & Murphy, 7695 SW 104th Street Offices at Pinecrest,
Suite 200, Miami, FL 33156-3159, carmen@jugomurphy.com; sjugo@jugomurphy.com;
sandee@jugomurphy.com
By:_/s/ Sabrina Levin

Sabrina Levin
Assistant County Attorney

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OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE 305.375.5151