Filing 6 12/22/16 Page 1 of 5 PageID 146 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO. ZIECHA NORWILLO, as surviving spouse and Personal Representative of the Estate of FRANCIS NORWILLO, and MICHAEL DOUGHERTY, Plaintiffs, v. PURPLE SHOVEL, LLC, TACTICAL, LLC, RESOURCES, LLC, REGULUS GLOBAL, LLC and REGULUS GLOBAL, INC., Defendants. DEFENDANT, PURPLE SHOVEL, ANSWER AND AFFIRMATIVE DEFENSES Defendant, PURPLE SHOVEL, LLC, files this Answer to Plaintiffs' Complaint and asserts Affirmative Defenses as follows: 1. Defendant denies each and every? allegation of Plaintiffs? Complaint and demands strict proof thereof. AFFIRMATIVE DEFENSES 2. Defendant affirmatively alleges that Plaintiffs were, themselves, negligent and said negligence was the legal cause. in whole or in part, of any claimed injuries and damages. Any Case Document 3 Filed 12/22/16 Page 2 of 5 PageID 147 damages awarded to the Plaintiffs should, therefore, be reduced to an amount equivalent to the Plaintiffs' negligence. 3. Defendant affirmatively alleges that . Plaintiffs' Claimed injuries and damages were caused, in whole or in part, by the fault of persons or entities who are not under the direction or control. of this Defendant. Pursuant to Section 768.81 Fla. Stat., this Defendant is entitled to have the jury apportion fault to those persons or entities and is further entitled to have judgment entered against only on the basis of percentage of fault and not on the basis of joint and several liability. 4. Defendant affirmatively alleges is entitled to a set~ off for all collateral source payments which have been paid to or on behalf of the Plaintiffs as as result of the Plaintiffs? claimed injuries and damages. Section 768.76, Fla. Stat. 5. Defendant affirmatively alleges is entitled to a set~ off for any payments made by or on behalf of any other defendants, persons an? entities allegedly responsible for the Plaintiffs' injuries. 6. Defendant affirmatively alleges that in the event of a judgment, Defendant is entitled. to make payment pursuant to Section 768.78, Fla. Stat. Case Document 3 Filed 12/22/16 Page 3 of 5 PageID 148 7. Defendant affirmatively alleges that Plaintiffs' Complaint fails to state a cause of action for which relief may be granted. 8. Plaintiffs? claim for medical and hospital expenses is limited and/or barred to the amount of any such expenses which have actually been paid and accepted by any health care provider. Alternatively, Plaintiffs? claim for expenses due to medical or hospital treatment is limited to the amount actually paid and/or owed by Plaintiffs to any such health care provider. 9. Pursuant to Section 766.118, Fla. Stat., the Defendant is entitled to a set?off for settlements paid. by any' other defendant, person or entity within the same statutory category as this Defendant. 10. Defendant affirmatively alleges that the decedent was negligent and that such negligence prcximately caused the damages complained of either in whole or in part. As such, any recovery should 1x3 reduced proportionally in) the extent that decedent's negligence proximately caused the damages complained of. 11. Pursuant to Florida Statute Section 733.702, Plaintiffs are barred from recovering any expenses which were not the subject of a timely served notice of claim in the probate proceeding which established the estate of the decedent. Florida Statute Secticn 733.702(1) and (3). Florida Statute Section 733.710 is a noun claim statute (of repose) extinguishing any claims cf creditors 3 Case Document 3 Filed 12/22/16 Page 4 of 5 PageID 149 against the estate, the personal representative and. any beneficiaries of the estate, which were not filed within two years after the decedent's death. To the extent that notices of claim have not been timely filed, any expenses are barred and Plaintiffs are not entitled to recover them in this action. To the extent that causes of action and claims have not been timely filed against the estate within two years of the date of death of the decedent, any expenses not the subject of any such proceeding are barred and Plaintiffs are not entitled to recover them in this action. Plaintiffs are limited to recover only those expenses that are a charge against the estate or which were paid by or on behalf of the decedent. Florida Statute Section 768.21(6) and Florida Standard Jury Instruction 12. This aetion is barred by the doctrine of worker?s compensation immunity. The Plaintiffs? exclusive remedy is under Chapter 440, Florida Statutes. l3. Defendant hereby reserves its right to supplement this Answer and Affirmative Defenses with additional affirmative defenses pending the outcome of the future discovery in this matter. 14. Defendant demands a jury trial on all issues so triable. Case Document 3 Filed 12/22/16 Page 5 of 5 PageID 150 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this '25 day ofm 2016, I electronically filed the foregoing with the Clerk of the Court using the ECF system. I further certify that a true and correct copy hereof has been furnished Kurt B. Arnold, Esquire, Arnold Itkin, LLP, 6009 Memorial Drive, Houston, TX 77007; Caj IL Boetright, Esquire, Arnold Itkin, LLP, 6009 Memorial Drive, Houston, TX 77007; David Dallas Dickey, Esquire, The Yerrid Law Firm, 101 E. Kennedy? Boulevard Suite 3910, Tampa, FL 33602; Charles Steven Yerrid, Require, The Yerrid Law Firm, P.A., 101 E. Kennedy Boulevard Suite 3910, Tampa, FL 33602~5192, Jeffrey M. Glotzer, Esquire, and Eric J. Stockel, Eequie, Schoueet, Bamdae, Soehee Benmaier, PLLC., 750 Park of Commerce Blvd., Suite 130, Boca Raton, FL 33487. /e/Juan A. Ruii? JUAN A. RUIZ, ES Florida Bar No. _n150584 DARICK CRUMBLY, Florida Bar No.: 106325 Email: jar.eervioe@rissman.oom Rieeman, Barrett, Hurt, Donahue, McLain Mangan, P.A. 201 E. Pine Street Suite 1500 Orlando, Florida 32802?4940 Telephone: (407) 839~0120 Facsimile: 841?9726 Attorneys for Defendant, Purple Shovel, LLC QUIRE JAR/ymj