Answer: CARTWRIGHT, NORMAN L III vs R T BROWN INC

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                                Filing # 132441921 E-Filed 08/11/2021 10:14:56 AM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA

NORMAN L. CARTWRIGHT, IIL
And COL CARTWRIGHT,
Husband and Wife,

Plaintiffs,
vs. Case No.: 2021 CA 000537 A

R.T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL

HOME AND CREMATORY

and

CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,

Defendants.

ANSWER OF DEFENDANT CITRUS MEMORIAL HOSPITAL

Defendant CITRUS MEMORIAL HOSPITA., INC. answers the Complaint as follows:

i. Without knowledge and therefore denied.
2. Without knowledge and therefore denied.
3. Without knowledge and therefore denied.

4, Without knowledge and therefore denied.
5, Without knowledge and therefore denied.
6. Admitted.

7. Without knowledge and therefore denied.
8. Without knowledge and therefore denied.

9, Without knowledge and therefore denied.10. Without knowledge and therefore denied.
il. Without knowledge and therefore denied.
12, Without knowledge and therefore denied.
13. Without knowledge and therefore denied.
14. Without knowledge and therefore denied.
15. Without knowledge and therefore denied.
16, Without knowledge and therefore denied.
17. Without knowledge and therefore denied.
18. Without knowledge and therefore denied.
19, Without knowledge and therefore denied.
20. * Without knowledge and therefore denied.
21. Without knowledge and therefore denied.
22. Without knowledge and therefore denied.

COUNTI
23. Defendant reasserts and incorporates by reference responses to paragraphs |
through 22 above herein.
24-30, Without knowledge and therefore denied.
COUNT
31. Defendant reasserts and incorporates by reference responses to paragraphs 1
through 22 above herein.

32-35. Without knowledge and therefore denied.36.

COUNT IH

Defendant reasserts and incorporates by reference responses to paragraphs |

through 35 above herein.

37.

38.

Without knowledge and therefore denied.

COL

IV

Defendant reasserts and incorporates by reference responses to paragraphs |

through 22 above herein.

39-42. Denied.

43.

COUNTY

Defendant reasserts and incorporates by reference responses to paragraphs |

through 22 and 39-42 above herein.

ww

6,
been paid.

7.

AFFIRMATIVE DEFENSES

Plaintiff was comparatively negligent.

Plaintiff assumed the risk.

Defendant is entitled to Workers’ Compensation immunity.
Plaintiff may have failed to mitigate his damages.

This was an open and obvious risk.

Defendant is entitled to deductions and/or set offs for collateral sources that have

Plaintiff is not entitled to recover for medial bills/charges that have been written

off, adjusted, or for which Plaintiff owes no payment.

8.

Defendant would be entitled to set-off for any settlement amounts received by

Plaintiff from any co-defendant or third party.9 The negligence of others was the sole proximate cause of the Plaintiff's injuries

and damages.

10. The negligence of others was an intervening cause of the Plaintiff's injuries and
damages.
11. Defendant is not responsible for the acts of independent contractors.

DEMAND FOR JURY TRIAL

Defendant Citrus Memorial Hospital, Inc. demands trial by jury of all issues so triable.

CERTIFICATE OF SERVICE

THEREBY CERTIFY that on the ne day of Augist 2021 I electronically filed the
foregoing with the Clerk of the Court by using the F) lorida Court E-Filing Portal, which will send
a Notice of Electronic Filing to the following:

Thomas D. Hippelheuser, Esquire

LAW OFFICES OF BRENT C. MILLER, P.A.
205 E. Burleigh Boulevard

Tavares, FL 32778

_% Kan nent,

1706 East E
Tampa, FL 33605
Phone: (813) 226-3000
Facsimile: (813) 226-3001
Attorney for Defendant Citrus Memorial
Hospital