On August 11, 2017 a
Answer
was filed
involving a dispute between
Jean Dume,
and
Jonathan Burgiel Jr,
Jonathan Burgiel Sr,
in the District Court of Orange County.
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Filing # 61638107 E-Filed 09/18/2017 12:59:24 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO: 2017-CA-007422-O
JEAN DUME,
Plaintiff,
vs.
JONATHAN BURGIEL,
Defendant.
_____________________________________/
ANSWER AND AFFIRMATIVE DEFENSES
Defendant, Jonathan Burgiel, files this his Answer, Affirmative Defenses and Demand for
Jury Trial to the Complaint filed herein as follows:
1. Defendant admits the allegation alleged in paragraphs 1 & 4 of Plaintiff’s Compliant
for jurisdictional purposes only, otherwise denied.
2. Defendant denies each and every remaining allegation and demands strict proof thereof.
AFFIRMATIVE DEFENSES
1. Defendant(s) 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(s) 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(s) 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(s) herein. Therefore, the Plaintiff is precluded from recovery against
the Defendant(s) herein or said recovery shall be reduced accordingly.
4. Defendant(s) 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(s) 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(s) 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(s) 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 Florida Statute §768.81 and Fabre v. Marin, 623 So 2d. 1182
(Fla. 1993).
8. Defendant(s) affirmatively alleges that the plaintiff has failed to mitigate his/her damages
and, therefore, any award should be reduced accordingly.
DEMAND FOR JURY TRIAL
1. Defendant(s) hereby request 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 18th day of September, 2017 to the following designated service email
address(es): Jeremy L. Hogan, Esq., Hogan & Hogan, P.A., jhogan@hoganlegal.com,
scunningham@hoganlegal.com.
Law Office of Deborah N. Hartwell
/s/ Angel J. Lamarre
Angel J. Lamarre, Esquire
(Employees of the GEICO General Insurance Company)
Florida Bar No.: 0011591
1000 Legion Place, Suite 850
Orlando, FL 32801
Phone: (407) 648-8236
Facsimile: (407) 648-2650
Attorney for Defendant(s): Jonathan Burgiel
Service Email: orlandogeico@geico.com
Document Filed Date
September 18, 2017
Case Filing Date
August 11, 2017
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Filing # 61638107 E-Filed 09/18/2017 12:59:24 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO: 2017-CA-007422-O JEAN DUME, Plaintiff, vs. JONATHAN BURGIEL, Defendant. _____________________________________/ ANSWER AND AFFIRMATIVE DEFENSES Defendant, Jonathan Burgiel, files this his Answer, Affirmative Defenses and Demand for Jury Trial to the Complaint filed herein as follows: 1. Defendant admits the allegation alleged in paragraphs 1 & 4 of Plaintiff’s Compliant for jurisdictional purposes only, otherwise denied. 2. Defendant denies each and every remaining allegation and demands strict proof thereof. AFFIRMATIVE DEFENSES 1. Defendant(s) 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(s) 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(s) 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(s) herein. Therefore, the Plaintiff is precluded from recovery against the Defendant(s) herein or said recovery shall be reduced accordingly. 4. Defendant(s) 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(s) 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(s) 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(s) 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 Florida Statute §768.81 and Fabre v. Marin, 623 So 2d. 1182 (Fla. 1993). 8. Defendant(s) affirmatively alleges that the plaintiff has failed to mitigate his/her damages and, therefore, any award should be reduced accordingly. DEMAND FOR JURY TRIAL 1. Defendant(s) hereby request 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 18th day of September, 2017 to the following designated service email address(es): Jeremy L. Hogan, Esq., Hogan & Hogan, P.A., jhogan@hoganlegal.com, scunningham@hoganlegal.com. Law Office of Deborah N. Hartwell /s/ Angel J. Lamarre Angel J. Lamarre, Esquire (Employees of the GEICO General Insurance Company) Florida Bar No.: 0011591 1000 Legion Place, Suite 850 Orlando, FL 32801 Phone: (407) 648-8236 Facsimile: (407) 648-2650 Attorney for Defendant(s): Jonathan Burgiel Service Email: orlandogeico@geico.com