On August 11, 2017 a
Answer
was filed
involving a dispute between
Rustam Imangulov,
and
Ilias Dimopoulos,
for CA - Auto Negligence
in the District Court of Orange County.
Preview
Filing # 61895349 E-Filed 09/22/2017 04:11:29 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO: 2017-CA-007329-O
RUSTAM IMANGULOV,
Plaintiff,
vs.
ILIAS DIMOPOULOS,
Defendant.
_____________________________________/
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW, Defendant, ILIAS DIMOPOULOS, and files this Answer, Affirmative
Defenses and Demand for Jury Trial to the Complaint filed herein as follows:
1. Defendant admits the allegations contained in Paragraph 1 for jurisdictional
purposes only.
2. Defendant denies each and every remaining allegation contained in Plaintiff's
Complaint and demand strict proof thereof.
3. Defendant addresses Counts II and III of Plaintiff’s Complaint in his Motion to
Dismiss same, filed and served concurrently herewith.
AFFIRMATIVE DEFENSES
1. Defendant affirmatively alleges that at the time and place so alleged, the Plaintiff's
own carelessness and/or negligence was the sole cause or a contributing cause of the alleged
accident and injuries allegedly sustained therein and, therefore, the Plaintiff is precluded from
recovery herein or said recovery shall be reduced in proportion to said negligence.
2. Defendant affirmatively alleges that the Plaintiff's own actions in failing to use an
available and fully operational seat belt/safety harness, or other passive restraint system, was the
sole cause and/or contributed to the cause of the accident and/or contributed to the cause or solely
caused the alleged injuries sustained.
3. Defendant affirmatively alleges that at all times material hereto, the within accident
was caused by the negligent and careless actions or occurrences of third persons and conditions
beyond the control of the Defendant herein. Therefore, the Plaintiff is precluded from recovery
against the Defendant herein or said recovery shall be reduced accordingly.
4. Defendant affirmatively alleges that the Plaintiff's alleged injuries and damages have
not exceeded the threshold of the Florida No Fault Act, nor has Plaintiff suffered any permanent
injury, other injury, disability or disfigurement within a reasonable degree of medical certainty or
probability as is required by said Act, and therefore the Plaintiff is barred from recovery against the
Defendant for those damages to which the Act applies.
5. Defendant affirmatively alleges that in the event that the Plaintiff elected a
deductible on the policy of insurance providing personal injury protection benefits, pursuant to
Florida Statute §627.739, one may not claim or recover any damages for medical expenses or lost
wages to the extent of said deductible.
6. Defendant affirmatively alleges that pursuant to Florida Statute §768.76(1993),
Defendant is entitled to a set off from any recovery by the Plaintiff to the extent and value of
benefits paid or payable to or on behalf of Plaintiff from any collateral source.
7. Defendant affirmatively alleges that in the event Plaintiff is awarded damages in this
action, the Court should enter judgment against this Defendant on the basis of each party's or
nonparty'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, and Fabre v. Marin, 623 So
2d. 1182 (Fla. 1993).
8. Defendant affirmatively alleges that the Plaintiff has failed to mitigate his/her
damages and, therefore, any award should be reduced accordingly.
DEMAND FOR JURY TRIAL
Defendant hereby demands trial by jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this the __22__ day of September, 2017 to the following designated service
email address(es): Andres I. Beregovich, Esq., The Beregovich Law Firm, P.A.,
andres@beregovichlaw.com.
Law Office of Deborah N. Hartwell
/s/Keegan R. Shelby
Keegan R. Shelby
(Employees of the GEICO General Insurance
Company)
Florida Bar No.: 107072
1000 Legion Place, Suite 850
Orlando, FL 32801
Phone: (407) 648-8236
Facsimile: (407) 648-2650
Attorney for Defendant(s): Ilias Dimopoulos
Service Email: orlandogeico@geico.com
Document Filed Date
September 22, 2017
Case Filing Date
August 11, 2017
Category
CA - Auto Negligence
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Filing # 61895349 E-Filed 09/22/2017 04:11:29 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO: 2017-CA-007329-O RUSTAM IMANGULOV, Plaintiff, vs. ILIAS DIMOPOULOS, Defendant. _____________________________________/ ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Defendant, ILIAS DIMOPOULOS, and files this Answer, Affirmative Defenses and Demand for Jury Trial to the Complaint filed herein as follows: 1. Defendant admits the allegations contained in Paragraph 1 for jurisdictional purposes only. 2. Defendant denies each and every remaining allegation contained in Plaintiff's Complaint and demand strict proof thereof. 3. Defendant addresses Counts II and III of Plaintiff’s Complaint in his Motion to Dismiss same, filed and served concurrently herewith. AFFIRMATIVE DEFENSES 1. Defendant affirmatively alleges that at the time and place so alleged, the Plaintiff's own carelessness and/or negligence was the sole cause or a contributing cause of the alleged accident and injuries allegedly sustained therein and, therefore, the Plaintiff is precluded from recovery herein or said recovery shall be reduced in proportion to said negligence. 2. Defendant affirmatively alleges that the Plaintiff's own actions in failing to use an available and fully operational seat belt/safety harness, or other passive restraint system, was the sole cause and/or contributed to the cause of the accident and/or contributed to the cause or solely caused the alleged injuries sustained. 3. Defendant affirmatively alleges that at all times material hereto, the within accident was caused by the negligent and careless actions or occurrences of third persons and conditions beyond the control of the Defendant herein. Therefore, the Plaintiff is precluded from recovery against the Defendant herein or said recovery shall be reduced accordingly. 4. Defendant affirmatively alleges that the Plaintiff's alleged injuries and damages have not exceeded the threshold of the Florida No Fault Act, nor has Plaintiff suffered any permanent injury, other injury, disability or disfigurement within a reasonable degree of medical certainty or probability as is required by said Act, and therefore the Plaintiff is barred from recovery against the Defendant for those damages to which the Act applies. 5. Defendant affirmatively alleges that in the event that the Plaintiff elected a deductible on the policy of insurance providing personal injury protection benefits, pursuant to Florida Statute §627.739, one may not claim or recover any damages for medical expenses or lost wages to the extent of said deductible. 6. Defendant affirmatively alleges that pursuant to Florida Statute §768.76(1993), Defendant is entitled to a set off from any recovery by the Plaintiff to the extent and value of benefits paid or payable to or on behalf of Plaintiff from any collateral source. 7. Defendant affirmatively alleges that in the event Plaintiff is awarded damages in this action, the Court should enter judgment against this Defendant on the basis of each party's or nonparty'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, and Fabre v. Marin, 623 So 2d. 1182 (Fla. 1993). 8. Defendant affirmatively alleges that the Plaintiff has failed to mitigate his/her damages and, therefore, any award should be reduced accordingly. DEMAND FOR JURY TRIAL Defendant hereby demands trial by jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this the __22__ day of September, 2017 to the following designated service email address(es): Andres I. Beregovich, Esq., The Beregovich Law Firm, P.A., andres@beregovichlaw.com. Law Office of Deborah N. Hartwell /s/Keegan R. Shelby Keegan R. Shelby (Employees of the GEICO General Insurance Company) Florida Bar No.: 107072 1000 Legion Place, Suite 850 Orlando, FL 32801 Phone: (407) 648-8236 Facsimile: (407) 648-2650 Attorney for Defendant(s): Ilias Dimopoulos Service Email: orlandogeico@geico.com