On December 10, 2019 a
Answer
was filed
involving a dispute between
Fireman, Carl,
and
Morton, Claiborne,
Morton, Lauren,
for Circuit Civil 3-D
in the District Court of Walton County.
Preview
Filing # 102739987 E-Filed 02/04/2020 03:58:36 PM
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR WALTON COUNTY, FLORIDA
CARL FIREMAN,
Plaintiff,
v. CASE NO.: 2019 CA 570
CLAIBORNE B. MORTON
and LAUREN E. MORTON,
Defendants.
/
DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES
Defendants, Claiborne B. Morton and Lauren E. Morton, by and through undersigned
counsel, and in response to the Complaint, state as follows:
1. Admitted for jurisdictional purposes only, otherwise denied.
2. Admitted.
3. Admitted.
4, Admitted.
5. Admitted.
6. Admitted.
7. Admitted that Defendant, Lauren Morton was negligent in the operation of her
vehicle so that it collided with plaintiff's vehicle, otherwise denied.
8. Denied.
9. Admitted.
Affirmative Defenses
As further and affirmative defenses, Defendants would show:
1. Pursuant to Florida Statute §768.76, Defendants are entitled to a set-off from any
Electronically Filed Walton Case # 19000570CAAXMX 02/04/2020 02:58:36 PMrecovery against them to the extent of benefits paid or payable to Plaintiff for which no right of
subrogation exists.
2. The injuries the Plaintiff allegedly suffered are not within the definition of Florida
Statute, §627.737(2) to allow recovery against the Defendants, in that said injuries do not meet
the threshold requirement.
3. Carl Fireman failed to mitigate his damages.
WHEREFORE, Defendants pray that this answer be deemed meet and just and after due
proceedings had, that there be judgment herein in the Defendants’ favor dismissing Plaintiff's
claim with prejudice, with costs, and for all other equitable relief, and further Defendants pray for
a trial by jury on all issues so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
electronically filed with the County Clerk of Court by and through Florida Courts E-Filing Portal
and that said document was thereby served unto John W. Wesley, Esq., and any designated e-
mail recipients on the E-filing Portal via electronic mail this 4" day of February 2020.
hue Share —
MELANIE SHAW SEYMOUR
Seymour & Whitney
Florida Bar No. 0796077
150 Eglin Parkway, NE
Fort Walton Beach, Florida 32548
850/864-4445
Attorney for Defendants
mseymour@seymour-whitney.com
liones@seymour-whitney.com
Document Filed Date
February 04, 2020
Case Filing Date
December 10, 2019
Category
Circuit Civil 3-D
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Filing # 102739987 E-Filed 02/04/2020 03:58:36 PM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR WALTON COUNTY, FLORIDA CARL FIREMAN, Plaintiff, v. CASE NO.: 2019 CA 570 CLAIBORNE B. MORTON and LAUREN E. MORTON, Defendants. / DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES Defendants, Claiborne B. Morton and Lauren E. Morton, by and through undersigned counsel, and in response to the Complaint, state as follows: 1. Admitted for jurisdictional purposes only, otherwise denied. 2. Admitted. 3. Admitted. 4, Admitted. 5. Admitted. 6. Admitted. 7. Admitted that Defendant, Lauren Morton was negligent in the operation of her vehicle so that it collided with plaintiff's vehicle, otherwise denied. 8. Denied. 9. Admitted. Affirmative Defenses As further and affirmative defenses, Defendants would show: 1. Pursuant to Florida Statute §768.76, Defendants are entitled to a set-off from any Electronically Filed Walton Case # 19000570CAAXMX 02/04/2020 02:58:36 PMrecovery against them to the extent of benefits paid or payable to Plaintiff for which no right of subrogation exists. 2. The injuries the Plaintiff allegedly suffered are not within the definition of Florida Statute, §627.737(2) to allow recovery against the Defendants, in that said injuries do not meet the threshold requirement. 3. Carl Fireman failed to mitigate his damages. WHEREFORE, Defendants pray that this answer be deemed meet and just and after due proceedings had, that there be judgment herein in the Defendants’ favor dismissing Plaintiff's claim with prejudice, with costs, and for all other equitable relief, and further Defendants pray for a trial by jury on all issues so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed with the County Clerk of Court by and through Florida Courts E-Filing Portal and that said document was thereby served unto John W. Wesley, Esq., and any designated e- mail recipients on the E-filing Portal via electronic mail this 4" day of February 2020. hue Share — MELANIE SHAW SEYMOUR Seymour & Whitney Florida Bar No. 0796077 150 Eglin Parkway, NE Fort Walton Beach, Florida 32548 850/864-4445 Attorney for Defendants mseymour@seymour-whitney.com liones@seymour-whitney.com