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Filing # 128628202 E-Filed 06/11/2021 10:31:28 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
ILSIA BERMUDEZ,
Plaintiff,
CASE NO.: 21-CA-002894
vs. Division: D
TOWN & COUNTRY APTS., LLC,
Defendant.
________________________________/
ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES
COMES NOW Defendant, TOWN & COUNTRY APTS., LLC, (hereinafter
“Defendant”), by and through the undersigned counsel, and responds to the Complaint filed herein
as follows:
1. Defendant denies the allegations contained in paragraph 1 of Plaintiff’s Complaint.
2. Defendant is without knowledge as to allegations contained in paragraph 2 of Plaintiff’s
Complaint and therefore denies same.
3. Defendant admits the allegations contained in paragraph 3 of Plaintiff’s Complaint.
4. Defendant admits the allegations contained in paragraph 4 of Plaintiff’s Complaint.
5. Defendant is without knowledge as to allegations contained in paragraph 5 of Plaintiff’s
Complaint and therefore denies same.
6. Defendant denies the allegations contained in paragraph 6 of Plaintiff’s Complaint.
7. Defendant denies the allegations contained in paragraph 7 of Plaintiff’s Complaint.
a. Defendant denies the allegations contained in paragraph 7(a) of Plaintiff’s Complaint.
b. Defendant denies the allegations contained in paragraph 7(b) of Plaintiff’s Complaint.
c. Defendant denies the allegations contained in paragraph 7(c) of Plaintiff’s Complaint.
d. Defendant denies the allegations contained in paragraph 7(d) of Plaintiff’s Complaint.
8. Defendant denies the allegations contained in paragraph 8 of Plaintiff’s Complaint.
9. Defendant denies the allegations contained in paragraph 9 of Plaintiff’s Complaint.
Defendant objects to Jury Trial Demand because the Plaintiff waived her right to demand
a jury trial concerning the litigation of any matters arising between the parties under the
Lease agreement paragraph 22.
AFFIRMATIVE DEFENSES
All allegations not heretofore specifically admitted or denied are hereby denied.
FIRST AFFIRMATIVE DEFENSE
That at the time and place complained of Plaintiff herself was guilty of negligence which
negligence was the legal or proximate cause of or contributed to the incident complained of, and
to the extent of such negligence, the Plaintiff is barred and estopped from any recovery in this
cause or, in the alternative, any recovery had must be reduced in accordance with the principles of
comparative negligence.
SECOND AFFIRMATIVE DEFENSE
Plaintiff has failed to mitigate her damages, and to the extent she has so failed to mitigate, she
is barred and estopped from recovery against this Defendant.
THIRD AFFIRMATIVE DEFENSE
Defendant would state that the Plaintiff’s claim is barred to the extent of any collateral sources
paid or payable.
FOURTH AFFIRMATIVE DEFENSE
Defendant was not guilty of any negligence, and the alleged incident occurred through the
negligent acts and/or omissions of others. To the extent that any apportionment of liability or
damages is necessary, however, Defendant affirmatively alleges the provisions of Fla. Stat. §
768.81 and interpreting case law.
FIFTH AFFIRMATIVE DEFENSE
Defendant states that the medical bills Plaintiff allegedly incurred as a result of the subject
incident have been paid either in whole or in part by health insurance, Medicaid, Medicare and/or
other insurers or has otherwise received the benefit of contractual discounts or write-offs directly
from her providers such that her past medical expenses have been partially or wholly satisfied. To
the extent that Plaintiff does not directly owe any past medical expenses, this Defendant is not
liable for those medical expenses pursuant to Goble v. Frohman.
SIXTH AFFIRMATIVE DEFENSE
The charges submitted by Plaintiff or on her behalf exceed the usual, customary and reasonable
amounts for services rendered in this geographic area.
SEVENTH AFFIRMATIVE DEFENSE
In paragraph 16 and paragraph 18 of the Lease Agreement Plaintiff has waived the alleged
dangerous condition.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff knew of the existence of the alleged danger complained of in her Complaint, realized
and appreciated the possibility of injury as a result of the danger and, having a reasonable
opportunity to avoid it, voluntarily exposed herself to the danger. Plaintiff’s negligence is the sole
proximate cause of her injuries.
NINTH AFFIRMATIVE DEFENSE
Defendant states that there was no actual or constructive notice of the alleged dangerous
condition, Plaintiff failed to provide a Notice to the Defendant of the dangerous condition and
the need of repair and, therefore, no duty was owed to Plaintiff and this Defendant is not liable.
TENTH AFFIRMATIVE DEFENSE
The injuries and damages complained of are the result of a pre-existing disease process and
did not occur by or through any act or omission on the part of the Defendant.
ELEVENTH AFFIRMATIVE DEFENSE
At the time and place, and under the circumstances set forth in the Plaintiff’s Complaint, the
Plaintiff’s knowledge of the alleged dangerous condition was equal or superior to, that of
Defendant and Plaintiff gave no Notice of the condition to the Defendant therefore, Defendant is
not liable to Plaintiff herein.
WHEREFORE, the Defendant, TOWN & COUNTRY APTS., LLC, respectfully request
judgment in its favor, reasonable attorney’s fees and costs of this action and such other relief as
this Court deems appropriate under the circumstance.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by E-service to,
Alina M. Morros, Esq., Attorney for Plaintiff, at alinamorros@advozatesforyou.com and
litigation@advocatesforyou.com pursuant to Florida Rule of Judicial Administration 2.516 on the
11th day of June, 2021and the original has been filed with the Court.
Respectfully Submitted,
___/s/ Valentina Wheeler_____________
Valentina Wheeler, Esq, (FLSB# 0120531)
Wheeler Law Firm, PLLC
801 W. Bay Drive, Suite 428B
Largo, FL 33770
Telephone: (727) 300-9667
Facsimile: (727) 202-9944
vwheeler@vwheelerlawfirm.com
Counsel for the Defendant
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Filing # 128628202 E-Filed 06/11/2021 10:31:28 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA ILSIA BERMUDEZ, Plaintiff, CASE NO.: 21-CA-002894 vs. Division: D TOWN & COUNTRY APTS., LLC, Defendant. ________________________________/ ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES COMES NOW Defendant, TOWN & COUNTRY APTS., LLC, (hereinafter “Defendant”), by and through the undersigned counsel, and responds to the Complaint filed herein as follows: 1. Defendant denies the allegations contained in paragraph 1 of Plaintiff’s Complaint. 2. Defendant is without knowledge as to allegations contained in paragraph 2 of Plaintiff’s Complaint and therefore denies same. 3. Defendant admits the allegations contained in paragraph 3 of Plaintiff’s Complaint. 4. Defendant admits the allegations contained in paragraph 4 of Plaintiff’s Complaint. 5. Defendant is without knowledge as to allegations contained in paragraph 5 of Plaintiff’s Complaint and therefore denies same. 6. Defendant denies the allegations contained in paragraph 6 of Plaintiff’s Complaint. 7. Defendant denies the allegations contained in paragraph 7 of Plaintiff’s Complaint. a. Defendant denies the allegations contained in paragraph 7(a) of Plaintiff’s Complaint. b. Defendant denies the allegations contained in paragraph 7(b) of Plaintiff’s Complaint. c. Defendant denies the allegations contained in paragraph 7(c) of Plaintiff’s Complaint. d. Defendant denies the allegations contained in paragraph 7(d) of Plaintiff’s Complaint. 8. Defendant denies the allegations contained in paragraph 8 of Plaintiff’s Complaint. 9. Defendant denies the allegations contained in paragraph 9 of Plaintiff’s Complaint. Defendant objects to Jury Trial Demand because the Plaintiff waived her right to demand a jury trial concerning the litigation of any matters arising between the parties under the Lease agreement paragraph 22. AFFIRMATIVE DEFENSES All allegations not heretofore specifically admitted or denied are hereby denied. FIRST AFFIRMATIVE DEFENSE That at the time and place complained of Plaintiff herself was guilty of negligence which negligence was the legal or proximate cause of or contributed to the incident complained of, and to the extent of such negligence, the Plaintiff is barred and estopped from any recovery in this cause or, in the alternative, any recovery had must be reduced in accordance with the principles of comparative negligence. SECOND AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate her damages, and to the extent she has so failed to mitigate, she is barred and estopped from recovery against this Defendant. THIRD AFFIRMATIVE DEFENSE Defendant would state that the Plaintiff’s claim is barred to the extent of any collateral sources paid or payable. FOURTH AFFIRMATIVE DEFENSE Defendant was not guilty of any negligence, and the alleged incident occurred through the negligent acts and/or omissions of others. To the extent that any apportionment of liability or damages is necessary, however, Defendant affirmatively alleges the provisions of Fla. Stat. § 768.81 and interpreting case law. FIFTH AFFIRMATIVE DEFENSE Defendant states that the medical bills Plaintiff allegedly incurred as a result of the subject incident have been paid either in whole or in part by health insurance, Medicaid, Medicare and/or other insurers or has otherwise received the benefit of contractual discounts or write-offs directly from her providers such that her past medical expenses have been partially or wholly satisfied. To the extent that Plaintiff does not directly owe any past medical expenses, this Defendant is not liable for those medical expenses pursuant to Goble v. Frohman. SIXTH AFFIRMATIVE DEFENSE The charges submitted by Plaintiff or on her behalf exceed the usual, customary and reasonable amounts for services rendered in this geographic area. SEVENTH AFFIRMATIVE DEFENSE In paragraph 16 and paragraph 18 of the Lease Agreement Plaintiff has waived the alleged dangerous condition. EIGHTH AFFIRMATIVE DEFENSE Plaintiff knew of the existence of the alleged danger complained of in her Complaint, realized and appreciated the possibility of injury as a result of the danger and, having a reasonable opportunity to avoid it, voluntarily exposed herself to the danger. Plaintiff’s negligence is the sole proximate cause of her injuries. NINTH AFFIRMATIVE DEFENSE Defendant states that there was no actual or constructive notice of the alleged dangerous condition, Plaintiff failed to provide a Notice to the Defendant of the dangerous condition and the need of repair and, therefore, no duty was owed to Plaintiff and this Defendant is not liable. TENTH AFFIRMATIVE DEFENSE The injuries and damages complained of are the result of a pre-existing disease process and did not occur by or through any act or omission on the part of the Defendant. ELEVENTH AFFIRMATIVE DEFENSE At the time and place, and under the circumstances set forth in the Plaintiff’s Complaint, the Plaintiff’s knowledge of the alleged dangerous condition was equal or superior to, that of Defendant and Plaintiff gave no Notice of the condition to the Defendant therefore, Defendant is not liable to Plaintiff herein. WHEREFORE, the Defendant, TOWN & COUNTRY APTS., LLC, respectfully request judgment in its favor, reasonable attorney’s fees and costs of this action and such other relief as this Court deems appropriate under the circumstance. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by E-service to, Alina M. Morros, Esq., Attorney for Plaintiff, at alinamorros@advozatesforyou.com and litigation@advocatesforyou.com pursuant to Florida Rule of Judicial Administration 2.516 on the 11th day of June, 2021and the original has been filed with the Court. Respectfully Submitted, ___/s/ Valentina Wheeler_____________ Valentina Wheeler, Esq, (FLSB# 0120531) Wheeler Law Firm, PLLC 801 W. Bay Drive, Suite 428B Largo, FL 33770 Telephone: (727) 300-9667 Facsimile: (727) 202-9944 vwheeler@vwheelerlawfirm.com Counsel for the Defendant