Preview
Filing # 125833701 E-Filed 04/29/2021 10:50:57 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
Case No.: 2021 CA 004480 AE
NICOLE PURE,
Plaintiff(s),
v.
ANDREW LUMA,
Defendant(s).
/
DEFENDANT LUMA’S ANSWER AND
AFFIRMATIVE DEFENSES
COMES NOW, Defendant, Andrew Luma, by and through undersigned counsel, and files
this Answer and Affirmative Defenses to the Complaint filed herein as follows:
1,
2.
os
Sensitivity: Public
Deny.
Deny.
Admit.
Deiy.
Admit.
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AAINAINNN 40-50-67 ANA
Pm. PAL DLA VUUINE TT, PL, VUOL I mDnueey, ULUIAN, Utem2ue.! tuumSensitivity: Public
AFFIRMATIVE DEFENSES
. Defendant states that at the time and place alleged in the Complaint, the Plaintiff was
negligent in failing to use reasonable care, and Plaintiff's own negligence was the sole cause
or proximate cause of the accident and injuries claimed. Therefore, the Plaintiff is precluded
from recovery or any recovery is diminished in proportion to said negligence.
. Defendant states that at all times material herein, the Plaintiff had available for use a fully
operational seatbelt which, had it been properly utilized, would have substantially reduced
or prevented the damages claimed by Plaintiff. Plaintiff's failure to properly use the seatbelt
was negligent and the damages claimed should be reduced in proportion to Plaintiffs
negligence.
. Defendant states that the Plaintiff's alleged injuries do not constitute threshold injuries to
recover damages under the Florida No Fault Act. Plaintiff's bodily injury, sickness or
disease does not involve significant and permanent loss of an important bodily function,
permanent injury within a reasonable degree of medical probability, or significant and
permanent scarring or disfigurement as is required by Section 627.737(2), Florida Statutes,
and therefore the Plaintiff is barred from any recovery of non-economic damages against the
Defendant.
. Defendant states that the Plaintiff has failed to mitigate damages and, therefore, any award
should be reduced accordingly.
. Defendant states that the Plaintiff's recovery, if any, should be reduced by the amount of
collateral source payments, including Personal Injury Protection benefits, paid or payable
for or on behalf of the Plaintiff, as prescribed by Section 768.76, Florida Statutes.Sensitivity: Public
Defendant is entitled to a set-off for any and all collateral source and/or Personal Iniury
Protection benefits that have been paid or are payable to the Plaintiff.
. Defendant states that Plaintiff is barred from recovery of any medical care expenses above
and beyond that contracted for and accepted by Plaintiffs medical care providers, is barred
from recovery of any medical expenses which have been written off by Plaintiff's health
care providers, and is barred from any recovery of medical expenses for which Plaintiff's
medical providers have no right of reimbursement or for which Plaintiff's medical providers
are otherwise prohibited from collecting pursuant to Section 768.76, Florida Statutes, or
applicable Florida Law. See also, Goble v. Frohman, 901 So.2d 830 (Fla. 2005). In the
alternative, evidence of any collateral source or duplicate payments should be submitted to
the jury.
. Defendant is entitled to immunity from liability up to the amount of any deductible selected
by Plaintiff of by which Plaintiff is bound pursuant to any applicable automobile insurance
agreements providing Personal Injury Protection coverage. Pursuant to Section 627.739,
Florida Statutes, Plaintiff may not claim or recover any damages for medical expenses or
lost wages to the extent of said deductible.
. Plaintiff has received monies in settlement of claim for the damages alleged, and as such
the Defendant is entitled to a setoff of these amounts from any verdict rendered against
Defendant, including but not limited to the setoffs as described in Goble v. Frohman, 901
So.2d 830 (Fla. 2005).
Defendant states that the Plaintiff's alleged injuries are the result of a preexisting condition
and were not the result of any alleged negligence of the Defendant. Furthermore, DefendantSensitivity: Public
10.
11.
12.
13.
is entitled to a setoff to the extent of any settlements paid to Plaintiff for the same injuries or
conditions that resulted from prior or subsequent lawsuits or accidents.
Defendant states that any injuries suffered by Plaintiff at the time and place alleged in the
Complaint were the result of an unavoidable accident and were not caused by the
negligence, fault or want of care on the part of Defendant.
Defendant states that in the event Plaintiff is awarded damages in this action, the court
should enter judgment against Defendant on the basis of each party's percentage of fault and
not on the basis of the doctrine of joint and several liability, to the extent and in the manner
provided by Section 768.81, Florida Statutes.
Defendant states that each cause of action alleged by Plaintiff is barred by the Statute of
Limitations.
Defendant states that the Defendant’s liability, if any, is based solely on its having issued a
policy of insurance to the Plaintiff and, therefore, its liability, if any, is limited to all of the
terms conditions, exclusions and limitations set forth within said policy of insurance and the
terms of Section 627.727, Florida Statutes, and judgment should be conformed to the policy
limits.
DEMAND FOR JURY TRIAL
The Defendant, Andrew Luma, requests a trial by jury of all triable issues.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this, the 29th day of April, 2021 to the following designated service email
address(es): Ian Bressler, Esq., Ian Bressler Law, PA, ian@ianbresslerlaw.com,
cy@ianbresslerlaw.com.
Sensitivity: Public
The Law Office of Jeffrey R. Hickman
/s/__ Marni Adams, Esq.
Marni Adams, Esq.
(Employees of GEICO General Insurance Company)
Florida Bar No.: 91289
1555 Palm Beach Lakes Blvd., STE 1000
West Palm Beach, Florida 33401
Phone: 561-689-1479
Facsimile: (561) 242-9022
Attorney for Defendant(s) Andrew Luma
Service Email: wpbgeico@geico.com
Preview
Filing # 125833701 E-Filed 04/29/2021 10:50:57 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No.: 2021 CA 004480 AE NICOLE PURE, Plaintiff(s), v. ANDREW LUMA, Defendant(s). / DEFENDANT LUMA’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Defendant, Andrew Luma, by and through undersigned counsel, and files this Answer and Affirmative Defenses to the Complaint filed herein as follows: 1, 2. os Sensitivity: Public Deny. Deny. Admit. Deiy. Admit. CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AAINAINNN 40-50-67 ANA Pm. PAL DLA VUUINE TT, PL, VUOL I mDnueey, ULUIAN, Utem2ue.! tuumSensitivity: Public AFFIRMATIVE DEFENSES . Defendant states that at the time and place alleged in the Complaint, the Plaintiff was negligent in failing to use reasonable care, and Plaintiff's own negligence was the sole cause or proximate cause of the accident and injuries claimed. Therefore, the Plaintiff is precluded from recovery or any recovery is diminished in proportion to said negligence. . Defendant states that at all times material herein, the Plaintiff had available for use a fully operational seatbelt which, had it been properly utilized, would have substantially reduced or prevented the damages claimed by Plaintiff. Plaintiff's failure to properly use the seatbelt was negligent and the damages claimed should be reduced in proportion to Plaintiffs negligence. . Defendant states that the Plaintiff's alleged injuries do not constitute threshold injuries to recover damages under the Florida No Fault Act. Plaintiff's bodily injury, sickness or disease does not involve significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, or significant and permanent scarring or disfigurement as is required by Section 627.737(2), Florida Statutes, and therefore the Plaintiff is barred from any recovery of non-economic damages against the Defendant. . Defendant states that the Plaintiff has failed to mitigate damages and, therefore, any award should be reduced accordingly. . Defendant states that the Plaintiff's recovery, if any, should be reduced by the amount of collateral source payments, including Personal Injury Protection benefits, paid or payable for or on behalf of the Plaintiff, as prescribed by Section 768.76, Florida Statutes.Sensitivity: Public Defendant is entitled to a set-off for any and all collateral source and/or Personal Iniury Protection benefits that have been paid or are payable to the Plaintiff. . Defendant states that Plaintiff is barred from recovery of any medical care expenses above and beyond that contracted for and accepted by Plaintiffs medical care providers, is barred from recovery of any medical expenses which have been written off by Plaintiff's health care providers, and is barred from any recovery of medical expenses for which Plaintiff's medical providers have no right of reimbursement or for which Plaintiff's medical providers are otherwise prohibited from collecting pursuant to Section 768.76, Florida Statutes, or applicable Florida Law. See also, Goble v. Frohman, 901 So.2d 830 (Fla. 2005). In the alternative, evidence of any collateral source or duplicate payments should be submitted to the jury. . Defendant is entitled to immunity from liability up to the amount of any deductible selected by Plaintiff of by which Plaintiff is bound pursuant to any applicable automobile insurance agreements providing Personal Injury Protection coverage. Pursuant to Section 627.739, Florida Statutes, Plaintiff may not claim or recover any damages for medical expenses or lost wages to the extent of said deductible. . Plaintiff has received monies in settlement of claim for the damages alleged, and as such the Defendant is entitled to a setoff of these amounts from any verdict rendered against Defendant, including but not limited to the setoffs as described in Goble v. Frohman, 901 So.2d 830 (Fla. 2005). Defendant states that the Plaintiff's alleged injuries are the result of a preexisting condition and were not the result of any alleged negligence of the Defendant. Furthermore, DefendantSensitivity: Public 10. 11. 12. 13. is entitled to a setoff to the extent of any settlements paid to Plaintiff for the same injuries or conditions that resulted from prior or subsequent lawsuits or accidents. Defendant states that any injuries suffered by Plaintiff at the time and place alleged in the Complaint were the result of an unavoidable accident and were not caused by the negligence, fault or want of care on the part of Defendant. Defendant states that in the event Plaintiff is awarded damages in this action, the court should enter judgment against Defendant on the basis of each party's percentage of fault and not on the basis of the doctrine of joint and several liability, to the extent and in the manner provided by Section 768.81, Florida Statutes. Defendant states that each cause of action alleged by Plaintiff is barred by the Statute of Limitations. Defendant states that the Defendant’s liability, if any, is based solely on its having issued a policy of insurance to the Plaintiff and, therefore, its liability, if any, is limited to all of the terms conditions, exclusions and limitations set forth within said policy of insurance and the terms of Section 627.727, Florida Statutes, and judgment should be conformed to the policy limits. DEMAND FOR JURY TRIAL The Defendant, Andrew Luma, requests a trial by jury of all triable issues.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this, the 29th day of April, 2021 to the following designated service email address(es): Ian Bressler, Esq., Ian Bressler Law, PA, ian@ianbresslerlaw.com, cy@ianbresslerlaw.com. Sensitivity: Public The Law Office of Jeffrey R. Hickman /s/__ Marni Adams, Esq. Marni Adams, Esq. (Employees of GEICO General Insurance Company) Florida Bar No.: 91289 1555 Palm Beach Lakes Blvd., STE 1000 West Palm Beach, Florida 33401 Phone: 561-689-1479 Facsimile: (561) 242-9022 Attorney for Defendant(s) Andrew Luma Service Email: wpbgeico@geico.com