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Filing # 58489910 E-Filed 06/30/2017 11:35:43 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
LOUIS CARRION, as Personal CASE NO.: 2017-CA-005206
Representative of the Estate of
LUIS VELASQUEZ RODRIGUEZ,
Deceased,
Plaintiff,
v.
ORLANDO HEALTH CENTRAL, INC. d/b/a
HEALTH CENTRAL PARK,
Defendants.
___________________________________/
DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S
COMPLAINT AND DEMAND FOR JURY TRIAL
Defendant, ORLANDO HEALTH CENTRAL, INC. d/b/a HEALTH CENTRAL
PARK, answers the complaint of Plaintiff, LOUIS CARRION, as Personal
Representative of the Estate of LUIS VELASQUEZ RODRIGUEZ, deceased, as follows:
GENERAL ALLEGATIONS
1. Defendant admits the allegations in paragraph 1 for the purpose of
jurisdiction only. Defendant denies that Plaintiff has been damaged in any amount.
2. Defendant admits the allegations in paragraph 2.
3. Defendant admits the allegations in paragraph 3.
4. Defendant lacks sufficient information or belief sufficient to respond to the
allegations in paragraph 4, and basing denial on that ground, denies each and every
allegation therein.
5. Defendant admits that it received a notice of intent to initiate litigation.
Defendant denies each and every remaining allegation in paragraph 5 as phrased by
Plaintiff.
6. Defendant admits that LUIS VELASQUEZ RODRIGUEZ was admitted to
Health Central Park on or about March 7, 2016 for rehabilitation following a
hospitalization at Health Central Hospital. Defendant denies each and every remaining
allegation in paragraph 6.
7. Defendant admits that LUIS VELASQUEZ RODRIGUEZ suffered a fatal
injury when he became entangled in a bed remote-control cable. Defendant denies
each and every remaining allegation in paragraph 7.
8. Defendant admits that it had an obligation to provide LUIS VELASQUEZ
RODRIGUEZ with his nursing home resident's rights as set forth in Chapter 400, Florida
Statutes. Defendant denies each and every remaining allegation in paragraph 8.
9. Defendant denies each and every allegation in paragraph 9 (A) through
(D).
10. Defendant denies the allegations in paragraph 10.
11. Defendant denies the allegations in paragraph 11.
12. Defendant denies the allegations in paragraph 12.
13. Defendant admits the allegations contained in paragraph 13 (A) through
(E).
13.[sic] Defendant denies the allegations in paragraph 13 [sic].
14. Defendant denies the allegations in paragraph 14 (A) through (C).
AFFIRMATIVE DEFENSES
First Affirmative Defense
Defendant affirmatively alleges that Plaintiff’s damages, if any, were caused wholly or in
part by third persons over whom Defendant had no custody or control.
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Second Affirmative Defense
Defendant affirmatively alleges that Plaintiff’s damages, if any, were caused wholly or in
part by LUIS VELASQUEZ RODRIGUEZ'S own comparative negligence and, therefore,
Plaintiff should be barred in his recovery, or, in the alternative, recovery to Plaintiff
should be proportionately reduced by LUIS VELASQUEZ RODRIGUEZ'S own
comparative negligence.
Third Affirmative Defense
Defendant affirmatively alleges, without admitting any liability whatsoever, that, in the
event Plaintiff should prevail on his claims against Defendant, Defendant is entitled to a
setoff of any and all collateral source benefits, either paid or payable, including but not
limited to amounts paid or payable pursuant to § 768.76, Fla. Stat.
Fourth Affirmative Defense
Defendant affirmatively alleges that Plaintiff has failed to mitigate any injuries or
damages that he may have suffered as a result of any incident which may be proven
herein, and Plaintiff’s recovery must be denied or reduced in proportion to Plaintiff’s
failure to so mitigate.
Fifth Affirmative Defense
Defendant affirmatively alleges that Plaintiff’s damages, if any, were proximately caused
by the comparative fault of other joint tortfeasors, regardless of whether the joint
tortfeasors are parties named in this action. Pursuant to § 768.81, Fla. Stat., Defendant
is not liable for the comparative fault of such other joint tortfeasors, whether or not they
are named as parties to this action. See Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993).
3
Non-parties who may be partially or wholly responsible for LUIS VELASQUEZ
RODRIGUEZ'S injuries will be disclosed once discovered and prior to trial.
Sixth Affirmative Defense
Defendant affirmatively alleges that they are entitled to an apportionment of liability and
damages as provided for in § 768.81, Fla. Stat.
Seventh Affirmative Defense
Defendant affirmatively alleges that any injury or damage suffered by Plaintiff was the
result of a natural inexorable process of human disease or condition, and not the result
of any acts or omissions of Defendant.
DEMAND FOR JURY TRIAL
Defendant, ORLANDO HEALTH CENTRAL, INC. d/b/a HEALTH CENTRAL
PARK, demands a trial by jury on all issues so triable as of right by a jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 30, 2017, a true and correct copy of the
foregoing has been served via E-Portal which will send a notice of electronic filing to:
Carlos Diez-Arguelles, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando,
FL 32803, mail@theorlandolawyers.com, christina@theorlandolawyers.com, and
Margie@theorlandolawyers.com
/s/ Janice L. Merrill
JANICE L. MERRILL
Florida Bar No. 0124257
jlmerrill@mdwcg.com
Marshall, Dennehey, Warner
Coleman & Goggin
4
315 E. Robinson St., Suite 550
Orlando, FL 32801
Telephone: 407-420-4380
Facsimile: 407-839-3008
Attorneys for Defendant
LEGAL/111255557.v1
5
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Filing # 58489910 E-Filed 06/30/2017 11:35:43 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA LOUIS CARRION, as Personal CASE NO.: 2017-CA-005206 Representative of the Estate of LUIS VELASQUEZ RODRIGUEZ, Deceased, Plaintiff, v. ORLANDO HEALTH CENTRAL, INC. d/b/a HEALTH CENTRAL PARK, Defendants. ___________________________________/ DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL Defendant, ORLANDO HEALTH CENTRAL, INC. d/b/a HEALTH CENTRAL PARK, answers the complaint of Plaintiff, LOUIS CARRION, as Personal Representative of the Estate of LUIS VELASQUEZ RODRIGUEZ, deceased, as follows: GENERAL ALLEGATIONS 1. Defendant admits the allegations in paragraph 1 for the purpose of jurisdiction only. Defendant denies that Plaintiff has been damaged in any amount. 2. Defendant admits the allegations in paragraph 2. 3. Defendant admits the allegations in paragraph 3. 4. Defendant lacks sufficient information or belief sufficient to respond to the allegations in paragraph 4, and basing denial on that ground, denies each and every allegation therein. 5. Defendant admits that it received a notice of intent to initiate litigation. Defendant denies each and every remaining allegation in paragraph 5 as phrased by Plaintiff. 6. Defendant admits that LUIS VELASQUEZ RODRIGUEZ was admitted to Health Central Park on or about March 7, 2016 for rehabilitation following a hospitalization at Health Central Hospital. Defendant denies each and every remaining allegation in paragraph 6. 7. Defendant admits that LUIS VELASQUEZ RODRIGUEZ suffered a fatal injury when he became entangled in a bed remote-control cable. Defendant denies each and every remaining allegation in paragraph 7. 8. Defendant admits that it had an obligation to provide LUIS VELASQUEZ RODRIGUEZ with his nursing home resident's rights as set forth in Chapter 400, Florida Statutes. Defendant denies each and every remaining allegation in paragraph 8. 9. Defendant denies each and every allegation in paragraph 9 (A) through (D). 10. Defendant denies the allegations in paragraph 10. 11. Defendant denies the allegations in paragraph 11. 12. Defendant denies the allegations in paragraph 12. 13. Defendant admits the allegations contained in paragraph 13 (A) through (E). 13.[sic] Defendant denies the allegations in paragraph 13 [sic]. 14. Defendant denies the allegations in paragraph 14 (A) through (C). AFFIRMATIVE DEFENSES First Affirmative Defense Defendant affirmatively alleges that Plaintiff’s damages, if any, were caused wholly or in part by third persons over whom Defendant had no custody or control. 2 Second Affirmative Defense Defendant affirmatively alleges that Plaintiff’s damages, if any, were caused wholly or in part by LUIS VELASQUEZ RODRIGUEZ'S own comparative negligence and, therefore, Plaintiff should be barred in his recovery, or, in the alternative, recovery to Plaintiff should be proportionately reduced by LUIS VELASQUEZ RODRIGUEZ'S own comparative negligence. Third Affirmative Defense Defendant affirmatively alleges, without admitting any liability whatsoever, that, in the event Plaintiff should prevail on his claims against Defendant, Defendant is entitled to a setoff of any and all collateral source benefits, either paid or payable, including but not limited to amounts paid or payable pursuant to § 768.76, Fla. Stat. Fourth Affirmative Defense Defendant affirmatively alleges that Plaintiff has failed to mitigate any injuries or damages that he may have suffered as a result of any incident which may be proven herein, and Plaintiff’s recovery must be denied or reduced in proportion to Plaintiff’s failure to so mitigate. Fifth Affirmative Defense Defendant affirmatively alleges that Plaintiff’s damages, if any, were proximately caused by the comparative fault of other joint tortfeasors, regardless of whether the joint tortfeasors are parties named in this action. Pursuant to § 768.81, Fla. Stat., Defendant is not liable for the comparative fault of such other joint tortfeasors, whether or not they are named as parties to this action. See Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993). 3 Non-parties who may be partially or wholly responsible for LUIS VELASQUEZ RODRIGUEZ'S injuries will be disclosed once discovered and prior to trial. Sixth Affirmative Defense Defendant affirmatively alleges that they are entitled to an apportionment of liability and damages as provided for in § 768.81, Fla. Stat. Seventh Affirmative Defense Defendant affirmatively alleges that any injury or damage suffered by Plaintiff was the result of a natural inexorable process of human disease or condition, and not the result of any acts or omissions of Defendant. DEMAND FOR JURY TRIAL Defendant, ORLANDO HEALTH CENTRAL, INC. d/b/a HEALTH CENTRAL PARK, demands a trial by jury on all issues so triable as of right by a jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 30, 2017, a true and correct copy of the foregoing has been served via E-Portal which will send a notice of electronic filing to: Carlos Diez-Arguelles, Diez-Arguelles & Tejedor, P.A., 505 N. Mills Avenue, Orlando, FL 32803, mail@theorlandolawyers.com, christina@theorlandolawyers.com, and Margie@theorlandolawyers.com /s/ Janice L. Merrill JANICE L. MERRILL Florida Bar No. 0124257 jlmerrill@mdwcg.com Marshall, Dennehey, Warner Coleman & Goggin 4 315 E. Robinson St., Suite 550 Orlando, FL 32801 Telephone: 407-420-4380 Facsimile: 407-839-3008 Attorneys for Defendant LEGAL/111255557.v1 5