Answer: David Schwitzke Plaintiff vs. Tiffany M Graves Defendant

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                                Filing# 136465871 E-Filed 10/13/2021 12:28:24 PM
 0579601757.1
 Total Pages: 1
 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
 IN AND FOR BROWARD COUNTY, FLORIDA
 CIVIL DIVISION
 DAVID SCHWITZKE,
 CASE NO.
 CACE-21-016658 Division: 12
 PLAINTIFF,
 VS.
 TIFFANY M. GRAVES,
 DEFENDANTS,
 DEFENDANT(S) ANSWER TO COMPLAINT
 Defendant(s), TIFFANY M. GRAVES, by and through the undersigned counsel,
 answer(s)the Complaint as follows:
 1.
 Defendant(s) deny/denies the allegationsin all Paragraphs unless otherwise
 specifically
 admitted.
 2.
 For an affirmative defense, Defendant(s) allege(s)that any recovery should be
 reduced or barred by Plaintiff(s)
 failure to mitigatethe damages alleged.
 3.
 For an additional affirmative defense, Defendant(s) allege(s)that any recovery
 should be reduced or barred as the damages allegedwere caused in whole or in part by the
 negligenceof Plaintiff(s).
 4.
 For an additional affirmative defense, Defendant(s) allege(s)that any recovery
 should be reduced or barred as the claim of Plaintiff(s)
 is restricted to the benefits of the Florida
 Motor Vehicle No-Fault Law. This means that Defendant has limited tort-immunityunder
 Florida Statute 627.737.
 5.
 For an additional affirmative defense, Defendant(s) allege(s)that any recovery
 should be reduced or barred by all amounts paid or payable to or for the benefit of Plaintiff(s)
 under the personalinjuryprotectionportionof any applicableor requiredautomobile insurance
 policyor any other collateral source as enumerated by Florida Law. See collateral source statute
 § 768.76, Fla. Stat. See also: Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247, 1249
 (Fla.2015) and Caruso v. Baumle, 835 So. 2d 276,279 (Fla.5th DCA 2002) along with Florida
 Statutes,Section 627.736.
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/13/2021 12:28:24 PM.****
 CASE NO. CACE-21-016658 Division: 12
 6.
 For an additional affirmative defense, Defendant(s) allege(s)that any recovery
 should be reduced or barred by any settlement,judgment, or payment of any kind by any
 individual or entityin connection with the subject matter of the incident described in the
 Complaint. This specifically
 includes any such settlements or judgements that may exist against
 any non-party responsiblefor the allegeddamages claimed in Plaintiff's complaint. Should
 discoveryuncover such information,Defendant will be entitled to correspondingset-offs.
 7.
 For an additional affirmative defense, Defendant(s) allege(s)entitlement to
 immunity from liability
 for the amount of any deductible selected by Plaintiff(s)
 or by which
 Plaintiff(s)
 is/are bound pursuant to any applicableautomobile insurance agreement(s)providing
 personalinjuryprotectioncoverage issued or renewed before October 1, 2003. See Hannah v.
 Newkirk, 675 So. 2d 112 (Fla.1996).
 8.
 For an additional affirmative defense, Defendant(s) allege(s)that any recovery
 should be reduced or barred by the applicationof Florida Statute 768.81.
 WHEREFORE, Defendant(s)demand(s) trial by Jury of all issues so triable as a matter of
 rightby Jury.
 I HEREBY CERTIFY that on the
 13th
 day of
 October
 ,2021,
 2
 CASE NO. CACE-21-016658 Division: 12
 pursuant to Administrative Order No. AOSC13-49, a copy of the foregoingAnswer has been
 electronically
 filed and served using the Florida Courts E-FilingPortal to:
 Robert Distefano,Esquire
 FBN: 437761
 DISTEFANO LAW, LLC
 7471 W. Oakland Park Blvd.
 Suite 106
 Ft. Lauderdale, FL 33319
 (954) 572-8000
 (954) 572-7895
 robert@distefanolaw.com
 litigation@distefanolaw.com
 Attorneys for Plaintiff
 LAW OFFICE OF ROBERT J. SMITH
 MailingAddress Only:
 4443 Lyons Road, Suite 206
 Coconut Creek, FL 33073
 Attorney Direct:
 (954) 205-0241
 Fax:
 (877) 838-0840
 ni
 0 rn.--
 Eiectionically?igned
 By:
 CHUKA "CHUCK" OBIANAGU
 FL Bar No. 1020523
 Attorney for Defendant(s)
 TIFFANY M. GRAVES
 PRINCIPAL E-MAIL ADDRESS:
 FTLAUDERDALELEGAL@ALLSTATE.COM
 Personal E-mail Address
 (NOT for Service of Pleadingsand Documents):
 Chuka.Obianagu@allstate.com
 3