Filing # 72909923 E-Filed 05/31/2018 03:36:04 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
JOSHUA GRANADA,
Plaintiff,
v.

Case No. 2018-CA-002973-O

CITY OF ORLANDO,
Defendant.
________________________/
ANSWER AND AFFIRMATIVE DEFENSES
Jurisdictional Allegations
1. Admitted for purposes of establishing jurisdiction. Otherwise denied.
2. Admitted that venue is appropriate. Otherwise denied.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted for purposes of establishing jurisdiction. Otherwise denied.
General Allegations
7. Denied.
8. Admitted.
9. Admitted.
10. Admitted.
11. Without knowledge, therefore denied.
12. Without knowledge, therefore denied.

 13. Admit that Granada and Tavarez responded to the Pulse Nightclub in rescue truck number
7. Otherwise denied.
14. Without knowledge, therefore denied.
15. Without knowledge, therefore denied.
16. Admit that they located a victim in critical condition. Otherwise denied.
17. Admit that Granada and Tavarez transported a victim to ORMC. Otherwise denied.
18. Without knowledge, therefore denied.
19. Admitted.
20. Without knowledge, therefore denied.
21. Admitted.
22. Admit that Granada did not report to the staging area. Otherwise denied.
23. Without knowledge, therefore denied.
24. Admitted.
25. Denied.
26. Admit that Bryan Davis took charge of the Fire Department response, and that Paul
Plaugher was on scene. Otherwise denied.
27. Denied.
28. Admitted.
29. Denied.
30. Denied.
31. Denied.
32. Denied.
33. Denied.
34. Denied.

 35. Denied.
36. Denied.
a. Exhibit B speaks for itself. Otherwise denied.
b. Denied.
37. Denied.
Count I
Violation of Fla. Stat. 440.205 (Coercion of Employees)
38. Defendant re-asserts its answers to paragraphs 1 through 37 as fully set forth herein.
39. Denied.
40. Without knowledge, therefore denied.
41. Admit that Plaintiff was promoted. Otherwise denied.
42. Denied.
43. Denied.
44. Without knowledge, therefore denied.
45. Denied.
46. Without knowledge, therefore denied.
47. Exhibit E speaks for itself. Otherwise denied.
48. Admitted.
49. Exhibit F speaks for itself. Otherwise denied.
50. Denied.
51. Admit that Granada sought treatment through UCF Restores. Otherwise denied.
52. Admit that Lt. McLay questioned District Chief White the status of Granada’s request for
treatment. Otherwise denied.
53. Exhibit G speaks for itself. Otherwise denied.

 54. Admitted that the City set up an evaluation for Granada with Dr. Portnoy, an occupational
doctor for the fire department. Otherwise denied.
55. Exhibit H speaks for itself. Otherwise denied.
56. Exhibit I speaks for itself. Otherwise denied.
57. Admitted.
58. Denied.
59. Denied.
60. Denied.
61. Denied.
62. Denied.
63. Denied.
64. Denied.
65. Admit that Granada took vacation days, and that Tavarez was granted paid time off.
Otherwise denied.
66. Without knowledge, therefore denied.
67. Denied.
68. Denied.
69. Denied.
70. Denied.
71. Denied.
72. Admitted that Granada responded, along with other fire department personnel, to a call
where City Commissioner Regina Hill was found in a hotel room.
73. Denied.
74. Admitted that Granada made an audio recording, otherwise denied.

 75. Admitted that Granada played the recording in the presence of supervisory personnel.
Otherwise denied.
76. Denied.
77. Denied.
78. Denied.
79. Denied.
80. Denied.
81. Denied.
82. Denied.
83. Admitted that the City terminated Granada because of the incident. Otherwise denied.
84. Denied.
85. Without knowledge, therefore denied.
86. Without knowledge, therefore denied.
87. Denied.
88. Denied.
89. Denied.
90. Denied.
91. Denied.
92. Denied.
93. Denied.
94. Denied.
95. The cited statute speaks for itself, no answer required.
96. The allegation states a legal conclusion to which no answer is required.
97. Denied.

 98. Denied.
99. Denied.
100. Denied.
WHEREFORE, Defendant denies that Plaintiff is entitled to the relief requested.
Count II
Violation of Fla. Stat. 112.3187 (Whistle Blower’s Act)
101. Defendant re-asserts its answers to paragraphs 1 through 100 as fully set forth herein.
102. Exhibit not attached, therefore denied.
103. Exhibit not attached, therefore denied.
104. Without knowledge, therefore denied.
105. Without knowledge, therefore denied.
106. Without knowledge, therefore denied.
107. Without knowledge, therefore denied.
108. Without knowledge, therefore denied.
109. Without knowledge, therefore denied.
110. Without knowledge, therefore denied.
111. Without knowledge, therefore denied.
112. Without knowledge, therefore denied.
113. Without knowledge, therefore denied.
114. Denied.
a. Denied.
b. Denied.
c. Denied.

 d. Denied.
e. Denied.
f. Denied.
g. Denied.
h. Denied.
i. Denied.
115. Denied.
a. Denied.
b. Denied.
c. Denied.
d. Denied.
e. Denied.
f. Denied.
g. Denied.
h. Denied.
116. Denied.
117. Without knowledge, therefore denied.
118. Without knowledge, therefore denied.
119. Admitted that Plaintiff was terminated on November 21, 2017. Otherwise denied.
120. The cited statute speaks for itself, no answer required.
121. The allegation states a legal conclusion to which no answer is required.
122. The allegation states a legal conclusion to which no answer is required.
123. Admitted.

 124. The allegation states a legal conclusion to which no answer is required.
125. Admitted.
126. Denied.
127. The allegation states a legal conclusion to which no answer is required.
128. Denied.
129. Denied.
130. Denied.
131. Admitted that Granada’s employment was terminated. Otherwise denied.
132. Admitted.
133. Denied.
134. Denied.
135. Denied.
136. Denied.
WHEREFORE, Defendant denies that Plaintiff is entitled to the relief sought.
AFFIRMATIVE DEFENSES
1. Plaintiff fails to state a cause of action for which relief can be granted.
2. Plaintiff failed to mitigate his damages by making a reasonable effort to seek or retain
comparable employment.
3. Defendant had legitimate, non-retaliatory, and non-coercive reasons for any and all alleged
adverse employment action taken against Plaintiff.
4. Even if Defendant acted illegally in taking adverse action against Plaintiff in violation of
§ 440.205, Fla. Stat., Defendant is not liable because it also had valid, legal reasons for taking the
adverse employment action.
5. Even if Defendant acted illegally in taking adverse action against Plaintiff in violation of
§ 112.318, Fla. Stat., Defendant is not liable because it also had valid, legal reasons for taking the
adverse employment action.

 6. Defendant exercised reasonable care to prevent and promptly correct any retaliatory and/or
coercive behavior and Plaintiff unreasonably failed to take advantage of preventive or corrective
opportunities provided by Defendant or to otherwise avoid harm.

May 31, 2018

Respectfully submitted,
/s/ Mark E. Levitt
Mark E. Levitt, Esq.
Florida Bar No. 193190
Marc A. Sugerman, Esquire
Florida Bar No.: 0081876
ALLEN, NORTON & BLUE, P.A.
1477 W. Fairbanks Ave., Ste. 100
Winter Park, Florida 32789
(407) 571-2152
(407) 571-1496 (Fax)
mlevitt@anblaw.com
msugerman@anblaw.com
tsuarez@anblaw.com
Counsel for Defendant

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 31, 2018, a true and correct copy of the forgoing was
filed via e-portal, which will serve a copy on the following:
Jeffrey E. Appel, Esq.
Appel Law Group, P.A.
P.O. Box 6097
Lakeland, FL 33813

/s/ Mark E. Levitt
Attorney