Preview
Filing # 134356271 E-Filed 09/10/2021 12:22:59 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
BARBARA GONZALEZ,
CASE NO.: 21000968CA
Plaintiff,
MICHAEL G. EDWARDS and HHS
ENVIRONMENTAL SERVICES, LLC
Defendants.
DEFENDANT, HHS ENVIRONMENTAL SERVICES, LLC’S, ANSWER
AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT
Defendant, HHS ENVIRONMENTAL SERVICES, LLC (hereinafter “Defendant”), by
and through its undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby
files its Answer and Affirmative Defenses to the Complaint of Plaintiff, BARBARA
GONZALEZ (hereinafter “Plaintiff”), and states as follows:
1 Admitted that Plaintiff is claiming in excess of the jurisdictional limits of this
Court. However, it is denied that Plaintiff is entitled to same.
2. Admitted that venue is proper in Charlotte County, Florida. All else is denied.
3 The allegations set forth in paragraph 3 of Plaintiff's Complaint apply to co-
Defendant, MICHAEL G. EDWARDS, only, and therefore, no answer is required of this
Defendant thereto.
4 Admitted for jurisdictional purposes only.
5 Admitted.
6. Denied and demands strict proof thereof.
CASE NO.: 21000968CA.
Admitted for jurisdictional purposes only.
FACTS AS TO ALL COUNTS
8 Defendant re-adopts and re-alleges its answer to each and every allegation
contained in paragraphs 1 through 7 as though fully set forth herein.
9. Without knowledge, therefore, denied.
10. Denied.
11 Denied.
12. Denied.
13 Denied.
14. Denied.
LAW AND DAMAGES AS TO ALL COUNTS
15 Denied, including all subparts.
16. Denied.
17. Denied.
18. Denied.
19. Denied, including all subparts.
20. Denied.
21 Denied.
22. Denied.
23 Defendant denies that Plaintiff is entitled to recover any damages and demands
strict proof thereof.
COUNTI
Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846
CASE NO.: 21000968CA.
The allegations set forth in paragraphs 24 through 25 of Plaintiff's Complaint apply to
Defendant, MICHAEL G. EDWARDS, only, and therefore, no answer is required of this
Defendant thereto. To the extent any of the allegations of paragraphs 24 through 25 pertain to
this Defendant, they are denied.
COUNT II
Dangerous Instrumentality/Negligent Entrustment of
HHS ENVIRONMENTAL SERVICES, LLC
26. Defendant re-adopts and re-alleges its answer to each and every allegation
contained in paragraphs 1 through 23 as though fully set forth herein.
27. Admitted.
28. Denied.
29. Denied, including all subparts.
30. Denied.
31. Denied.
Defendant denies that Plaintiff is entitled to recover any damages and demands strict
proof thereof.
AFFIRMATIVE DEFENSES
As separate and complete defenses, based on information and belief, Defendant, HHS
ENVIRONMENTAL SERVICES, LLC, states as follows:
1 At all times and places material to this lawsuit, Plaintiff acted or failed to act in
such a manner as to cause all or part of her damages, if any. Therefore, her recovery should be
barred or reduced according to the principles of comparative negligence.
2. Plaintiff did not exercise ordinary care, caution, or prudence for her welfare to
avoid the happening of the alleged incident, injuries or damages, if any, the existence of which
Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846
CASE NO.: 21000968CA.
Defendant expressly denies, and by this failure to do so, Plaintiff thereby directly and
proximately contributed to the happening of said alleged incident, injuries and damages, if any.
3 At the time of the incident alleged in the Complaint, Plaintiff was suffering from
one or more pre-existing conditions which caused or contributed to causing the damages Plaintiff
is claiming herein.
4 The accident and injuries complained of were not the result of any act, omission
or breach of duty of the Defendant and therefore Plaintiff has no viable claims against the
Defendant.
5 Plaintiff has failed to mitigate her damages. Therefore, Plaintiff’s recovery, if any,
should be reduced by her failure to mitigate damages.
6. The damages allegedly suffered by Plaintiff were not caused by any act or
omission on the part of the Defendant and were caused by other trauma or illness suffered by
Plaintiff in her lifetime.
7
Because of Plaintiffs conduct, acts, and/or omissions, Plaintiff has waived any
claim to damages alleged in Plaintiff’s Complaint.
8 Defendant is entitled to set-off of any collateral source benefits paid or payable
pursuant to Florida Statute §768.76, and any other authorities permitting such set-offs.
9. Defendant affirmatively asserts its rights as provided by Florida Statute §768.78
and §768.81, assuming an award is rendered adverse to this Defendant.
10. Plaintiff's claims for injuries and incidental medical bills and treatment are
exaggerated, unnecessary, unreasonable or unrelated to the accident sued upon.
11. All or a part of the Plaintiffs damages herein were partially or totally caused by
non-parties, third parties or persons over whom this Defendant has no dominion or control and,
Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846
CASE NO.: 21000968CA.
therefore, this Defendant seeks entitlement to the defenses and privileges set forth in Florida
Statute §768.81(3) with respect to apportionment of fault principles and Fabre v. Marin, 623 So.
2d 1182 (Fla. 1993). Such non-parties or persons are unknown to this Defendant at this time.
Pursuant to Nash v. Wells Fargo, 678 so. 2d 1262 (Fla. 1996), this Defendant will seek
amendment to identify such non-parties or persons as soon as practical.
12. The subject condition, if it existed, was open and obvious to the Plaintiff.
13. Defendant lacked the requisite actual or constructive notice of the alleged
condition.
14. At all times and places material to this lawsuit, Plaintiff was under the influence
of drugs or alcohol to the extent that his normal faculties were impaired and Plaintiff was more
than 50 percent at fault for his own harm set forth in Florida Statute §768.36.
15. Defendant claims all benefits that are available according to Florida Statutes
§768.041, §768.31 and §768.81.
16. Defendant hereby asserts and claims all defenses entitled to it according to Florida
Statute §768.36.
17. Defendant states 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.
18. Defendant states that any recovery should be reduced or barred to the extent of
available insurance coverage, including benefits available through any guarantee association or
other governmental authority, available to any individual or entity which may be wholly or
partially responsible for the damages alleged in connection with the subject matter of the incident
described in the Complaint.
Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846
CASE NO.: 21000968CA.
19. The incident and injuries alleged in Plaintiff's Complaint were the result of
intervening and unforeseeable causes for which Defendant is not responsible.
20. Plaintiff’s alleged injuries, if any, arising from the alleged incident, are solely and
proximately the result of actions and/or negligence of other parties, persons, firms or
corporations over which Defendant had no control or duty to control, and for whose actions
Defendant cannot be held responsible or legally liable.
21. The alleged injuries were due to circumstances, conditions or events not
reasonably foreseeable by a prudent person.
22. Plaintiff is statutorily barred from bringing this cause of action as Defendant is
immune from liability pursuant to the Doctrine of Workers’ Compensation Immunity as set forth
in Florida Statutes Sections 440.10 and 440.11, and no exception to the Doctrine Workers’
compensation Immunity applies to the Plaintiff's claim.
23. Defendant reserves its right to amend its affirmative defenses should the need
arise.
DEMAND FOR JURY TRIAL
Defendant, HHS ENVIRONMENTAL SERVICES, LLC, demands a trial by jury of all
triable issues as of right by jury.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-mailed to all
counsel of the attached Service List this 10" day of September, 2021.
KUBICKI DRAPER.
9100 South Dadeland Blvd.
Suite 1800
Miami, FL 33156
Telephone: (305) 982-6604
Facsimile: (305) 374-7846
Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846
CASE NO.: 21000968CA.
Pleadings: FIC-KD@kubickidraper.com
By:_/s/ Francesca Ippolito-Craven
FRANCESCA IPPOLITO-CRAVEN
fic@kubickidraper.com
Florida Bar Number: 0145361
LISANDRA GUERRERO
Ig@kubickidraper.com
Florida Bar Number: 0098521
SERVICE LIST
Co-counsel for Plaintiff:
Michael J. Rossi, Esq.
MICHAEL J. ROSSI, P.A.
115 South Albany Avenue
Tampa, FL 33606
michael@michaelrossilaw.com
Helen Stratigakos, Esq.
STRATIGAKOS LAW, P.A.
412 East Madison Street, Suite 814
Tampa, FL 33602
helen@stratigakoslaw.com
marty@stratigakoslaw.com
Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846
Preview
Filing # 134356271 E-Filed 09/10/2021 12:22:59 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION BARBARA GONZALEZ, CASE NO.: 21000968CA Plaintiff, MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES, LLC Defendants. DEFENDANT, HHS ENVIRONMENTAL SERVICES, LLC’S, ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT Defendant, HHS ENVIRONMENTAL SERVICES, LLC (hereinafter “Defendant”), by and through its undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby files its Answer and Affirmative Defenses to the Complaint of Plaintiff, BARBARA GONZALEZ (hereinafter “Plaintiff”), and states as follows: 1 Admitted that Plaintiff is claiming in excess of the jurisdictional limits of this Court. However, it is denied that Plaintiff is entitled to same. 2. Admitted that venue is proper in Charlotte County, Florida. All else is denied. 3 The allegations set forth in paragraph 3 of Plaintiff's Complaint apply to co- Defendant, MICHAEL G. EDWARDS, only, and therefore, no answer is required of this Defendant thereto. 4 Admitted for jurisdictional purposes only. 5 Admitted. 6. Denied and demands strict proof thereof. CASE NO.: 21000968CA. Admitted for jurisdictional purposes only. FACTS AS TO ALL COUNTS 8 Defendant re-adopts and re-alleges its answer to each and every allegation contained in paragraphs 1 through 7 as though fully set forth herein. 9. Without knowledge, therefore, denied. 10. Denied. 11 Denied. 12. Denied. 13 Denied. 14. Denied. LAW AND DAMAGES AS TO ALL COUNTS 15 Denied, including all subparts. 16. Denied. 17. Denied. 18. Denied. 19. Denied, including all subparts. 20. Denied. 21 Denied. 22. Denied. 23 Defendant denies that Plaintiff is entitled to recover any damages and demands strict proof thereof. COUNTI Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846 CASE NO.: 21000968CA. The allegations set forth in paragraphs 24 through 25 of Plaintiff's Complaint apply to Defendant, MICHAEL G. EDWARDS, only, and therefore, no answer is required of this Defendant thereto. To the extent any of the allegations of paragraphs 24 through 25 pertain to this Defendant, they are denied. COUNT II Dangerous Instrumentality/Negligent Entrustment of HHS ENVIRONMENTAL SERVICES, LLC 26. Defendant re-adopts and re-alleges its answer to each and every allegation contained in paragraphs 1 through 23 as though fully set forth herein. 27. Admitted. 28. Denied. 29. Denied, including all subparts. 30. Denied. 31. Denied. Defendant denies that Plaintiff is entitled to recover any damages and demands strict proof thereof. AFFIRMATIVE DEFENSES As separate and complete defenses, based on information and belief, Defendant, HHS ENVIRONMENTAL SERVICES, LLC, states as follows: 1 At all times and places material to this lawsuit, Plaintiff acted or failed to act in such a manner as to cause all or part of her damages, if any. Therefore, her recovery should be barred or reduced according to the principles of comparative negligence. 2. Plaintiff did not exercise ordinary care, caution, or prudence for her welfare to avoid the happening of the alleged incident, injuries or damages, if any, the existence of which Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846 CASE NO.: 21000968CA. Defendant expressly denies, and by this failure to do so, Plaintiff thereby directly and proximately contributed to the happening of said alleged incident, injuries and damages, if any. 3 At the time of the incident alleged in the Complaint, Plaintiff was suffering from one or more pre-existing conditions which caused or contributed to causing the damages Plaintiff is claiming herein. 4 The accident and injuries complained of were not the result of any act, omission or breach of duty of the Defendant and therefore Plaintiff has no viable claims against the Defendant. 5 Plaintiff has failed to mitigate her damages. Therefore, Plaintiff’s recovery, if any, should be reduced by her failure to mitigate damages. 6. The damages allegedly suffered by Plaintiff were not caused by any act or omission on the part of the Defendant and were caused by other trauma or illness suffered by Plaintiff in her lifetime. 7 Because of Plaintiffs conduct, acts, and/or omissions, Plaintiff has waived any claim to damages alleged in Plaintiff’s Complaint. 8 Defendant is entitled to set-off of any collateral source benefits paid or payable pursuant to Florida Statute §768.76, and any other authorities permitting such set-offs. 9. Defendant affirmatively asserts its rights as provided by Florida Statute §768.78 and §768.81, assuming an award is rendered adverse to this Defendant. 10. Plaintiff's claims for injuries and incidental medical bills and treatment are exaggerated, unnecessary, unreasonable or unrelated to the accident sued upon. 11. All or a part of the Plaintiffs damages herein were partially or totally caused by non-parties, third parties or persons over whom this Defendant has no dominion or control and, Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846 CASE NO.: 21000968CA. therefore, this Defendant seeks entitlement to the defenses and privileges set forth in Florida Statute §768.81(3) with respect to apportionment of fault principles and Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993). Such non-parties or persons are unknown to this Defendant at this time. Pursuant to Nash v. Wells Fargo, 678 so. 2d 1262 (Fla. 1996), this Defendant will seek amendment to identify such non-parties or persons as soon as practical. 12. The subject condition, if it existed, was open and obvious to the Plaintiff. 13. Defendant lacked the requisite actual or constructive notice of the alleged condition. 14. At all times and places material to this lawsuit, Plaintiff was under the influence of drugs or alcohol to the extent that his normal faculties were impaired and Plaintiff was more than 50 percent at fault for his own harm set forth in Florida Statute §768.36. 15. Defendant claims all benefits that are available according to Florida Statutes §768.041, §768.31 and §768.81. 16. Defendant hereby asserts and claims all defenses entitled to it according to Florida Statute §768.36. 17. Defendant states 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. 18. Defendant states that any recovery should be reduced or barred to the extent of available insurance coverage, including benefits available through any guarantee association or other governmental authority, available to any individual or entity which may be wholly or partially responsible for the damages alleged in connection with the subject matter of the incident described in the Complaint. Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846 CASE NO.: 21000968CA. 19. The incident and injuries alleged in Plaintiff's Complaint were the result of intervening and unforeseeable causes for which Defendant is not responsible. 20. Plaintiff’s alleged injuries, if any, arising from the alleged incident, are solely and proximately the result of actions and/or negligence of other parties, persons, firms or corporations over which Defendant had no control or duty to control, and for whose actions Defendant cannot be held responsible or legally liable. 21. The alleged injuries were due to circumstances, conditions or events not reasonably foreseeable by a prudent person. 22. Plaintiff is statutorily barred from bringing this cause of action as Defendant is immune from liability pursuant to the Doctrine of Workers’ Compensation Immunity as set forth in Florida Statutes Sections 440.10 and 440.11, and no exception to the Doctrine Workers’ compensation Immunity applies to the Plaintiff's claim. 23. Defendant reserves its right to amend its affirmative defenses should the need arise. DEMAND FOR JURY TRIAL Defendant, HHS ENVIRONMENTAL SERVICES, LLC, demands a trial by jury of all triable issues as of right by jury. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-mailed to all counsel of the attached Service List this 10" day of September, 2021. KUBICKI DRAPER. 9100 South Dadeland Blvd. Suite 1800 Miami, FL 33156 Telephone: (305) 982-6604 Facsimile: (305) 374-7846 Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846 CASE NO.: 21000968CA. Pleadings: FIC-KD@kubickidraper.com By:_/s/ Francesca Ippolito-Craven FRANCESCA IPPOLITO-CRAVEN fic@kubickidraper.com Florida Bar Number: 0145361 LISANDRA GUERRERO Ig@kubickidraper.com Florida Bar Number: 0098521 SERVICE LIST Co-counsel for Plaintiff: Michael J. Rossi, Esq. MICHAEL J. ROSSI, P.A. 115 South Albany Avenue Tampa, FL 33606 michael@michaelrossilaw.com Helen Stratigakos, Esq. STRATIGAKOS LAW, P.A. 412 East Madison Street, Suite 814 Tampa, FL 33602 helen@stratigakoslaw.com marty@stratigakoslaw.com Kubicki Draper + 9100 S. Dadeland Blvd., Suite 1800, Miami, FL 33156 + T: (305) 374-1212 « F: (305) 374-7846