Page 1 Filing # 86154225 E-Filed 03/11/2019 10:36:30 AM
000624.
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
EDGAR MONSERRATT, AS PERSONAL GagpNO. CACE-19-REPRESENTATIVE OF THE ESTATE OF
EDGAR MONSERRATT MARTINEZ,
DECEASED,
Plaintiff,
VS.
TELSA, INC. A/K/A TESLA FLORIDA, INC.,
HALSTON LOYD, JAMES B. RILEY,
INDIVIDUALLY, JAMES B. RILEY AS THE
PERSONAL REPRESENTATIVE OF THE
ESTATE OF BARRETT RILEY,
DECEASED, AND JR CORPORATE
SERVICES GROUP LLC, A FOREIGN
LIMITED LIABILITY COMPANY,
Defendants.
ANSWER AND AFFIRMATIVE DEFENSES
Defendants, JAMES B. RILEY, INDIVIDUALLY, JAMES B. RILEY AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF BARRETT RILEY, DECEASED (collectively
“RILEY”), and JIR CORPORATE SERVICES GROUP, LLC (“JR CORP”) by and through counsel
Answer the First Amended Complaint as follows:
1. Defendants, RILEY and JR CORP, admit the allegations contained in Paragraphs 11,
12, 14, 15, 17, 18 and 73 of Plaintiff's First Amended Complaint.
2. Defendants, RILEY and JR CORP, admit the allegations contained in Paragraphs 59,
** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 3/11/2019 10:36:30 AM.****Page 2 66, 70, 75, 79, 84, 89, 97 and 102 of Plaintiff's First Amended Complaint only to the extent that they
admit to their respective duties and liabilities under Florida law. The remaining allegations in
Paragraphs 59, 66, 70, 75, 79, 84, 89, 97 and 102, as understood by these Defendants, are denied and
Defendants, RILEY and JR CORP, demand strict proof thereof.
3. The allegations contained in Paragraphs 23-57 of Plaintiffs First Amended Complaint
are against other Defendants in this case and as such, said Paragraphs are neither admitted nor denied.
To the extent that said Paragraphs 23-57 allege any liability on the part of these Defendants, said
Paragraphs are denied and these Defendants, RILEY and JR CORP, demand strict proof thereof.
4, Defendants, RILEY and JR CORP, are either without knowledge and therefore deny,
or specifically deny, all remaining allegations contained in Plaintiffs First Amended Complaint and
demand strict proof thereof. Defendants, RILEY and JR CORP, further demand trial by jury on all
issues so triable.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
5. Plaintiff's and/or Edgar Monserratt Martinez’s, negligence was the sole legal cause
of Plaintiffs damages and injuries, if any. In the alternative, Plaintiffs and/or Edgar Monserratt
Martinez’s negligence contributed to Plaintiff's damages and injuries, if any, and therefore any
recovery herein by Plaintiff should be reduced in proportion thereto. Defendants, RILEY and JR
CORP, deny any negligence.
SECOND AFFIRMATIVE DEFENSE
6. Plaintiff's damages, ifany, were the result of acts or omissions of a third party or third
parties over whom these Defendants had no control, and for which these Defendant cannot be legallyPage 3 liable, including the acts, omissions and negligence of co-Defendants, TESLA, INC. A/K/A TESLA
FLORIDA, INC. and/or HALSTON LOYD, and the acts, omissions and negligence of passenger
Alexander Berry, including but not limited to his failure to wear an available and functional seatbelt,
and failure to render aid, and that any claim against Defendants, RILEY and/or JR CORP, is either
barred or reduced by the percentage of negligence and/or damages attributed to co-Defendants,
TESLA, INC. A/K/A TESLA FLORIDA, INC. and/or HALSTON LOYD, and/or Alexander Berry
as a Fabre defendant. Defendants, RILEY and JR CORP, deny any negligence.
THIRD AFFIRMATIVE DEFENSE
7. Plaintiffs damages and injuries, if any, were the result of an independent, efficient
and/or intervening cause over which these Defendants had no control, and for which these Defendants
cannot be legally liable.
FOURTH AFFIRMATIVE DEFENSE
8. Plaintiff has or will in the future receive personal injury protection benefits from his
own automobile liability insurance policy. Defendants are entitled to a set-off for all such sums paid
or payable.
FIFTH AFFIRMATIVE DEFENSE
9. Plaintiff has or will in the future receive collateral source benefits from collateral
source payors as defined by Florida Statutes. Defendants are entitled to a set-off for all such sums
paid or payable.
SIXTH AFFIRMATIVE DEFENSE
10. Plaintiff's cause of action and any recovery herein, if any, is subject to and governed
by the provisions of Section 768.81, Florida Statutes with respect to issues of comparative faultPage 4 and/or joint and several liability.
SEVENTH AFFIRMATIVE DEFENSE
11. Plaintiff has failed to mitigate his damages. Therefore, his cause of action and any
recovery herein should be barred to the extent that he has failed to mitigate his damages.
EIGHTH AFFIRMATIVE DEFENSE
12. Plaintiff has or may in the future settle with or obtain a judgment against a third party
or third parties for the same damages sought against these Defendants. Defendants are entitled to
a set-off for all such sums paid or payable pursuant to any such settlement and/or judgment.
NINTH AFFIRMATIVE DEFENSES
13. Plaintiff has not met the threshold requirements of Section 627.737(2), Florida
Statues, and, therefore, this Plaintiff is precluded from recovering from these Defendants.
TENTH AFFIRMATIVE DEFENSE
14. Plaintiff's cause of action and damages are governed by Sections 768.20 and 768.21,
Florida Statutes.
ELEVENTH AFFIRMATIVE DEFENSE
15. Defendants, RILEY and JR CORP, are entitled to the limitations of liability pursuant
to Section 324.021(9)(b)(3), Florida Statutes.
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic mail to: Scott P. Schlesinger, Esq., Jonathan R. Gdanski, Esq. and Zane Berg, Esq.,
scott(@schiesingerlaw.com, jonathan@schlesingerlaw.com. zane(eschiesingerlaw.com,
monserratt(@schlesingerlaw.com, esabbagh(@schlesingerlaw.com, Schlesinger Law Offices, P.A.
1212 S.E. 3rd Avenue, Fort Lauderdale, FL 33316; Philip Harnett Corboy, Esq.,Page 5 the@ccorboydemetrio.com, Corboy & Demetrio 33 N. Dearborn Street, 20th Floor, Chicago, IL
60602; Robert J. Rudock, Esq. and Whitney V. Cruz, Esq., Robert. Rudock(@bowmanandbrooke.com
and Whitney.Cruz(@bowmanandbrooke.com, Bowman and Brooke LLP, Two Alhambra Plaza, Suite
800, Coral Gables, FL 33134 on this 11" day of March, 2019.
SELLARS, MARION & BACHI, P.A.
Attorneys for Defendants, JAMES B. RILEY and JR
CORPORATE SERVICES GROUP, LLC
811 North Olive Avenue
West Palm Beach, FL
Telephone: (561) 655-
Facsimile: (561) 655-
Service email: pleadings@smb-law.com
By: /s/ Laurie Primus
LAURIE A. PRIMUS
Florida Bar No.: 0714151
PDF Page 1
PlainSite Cover Page
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Filing # 86154225 E-Filed 03/11/2019 10:36:30 AM
000624.00439
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
EDGAR MONSERRATT, AS PERSONAL GagpNO. CACE-19-000422
REPRESENTATIVE OF THE ESTATE OF
EDGAR MONSERRATT MARTINEZ,
DECEASED,
Plaintiff,
VS.
TELSA, INC. A/K/A TESLA FLORIDA, INC.,
HALSTON LOYD, JAMES B. RILEY,
INDIVIDUALLY, JAMES B. RILEY AS THE
PERSONAL REPRESENTATIVE OF THE
ESTATE OF BARRETT RILEY,
DECEASED, AND JR CORPORATE
SERVICES GROUP LLC, A FOREIGN
LIMITED LIABILITY COMPANY,
Defendants.
ANSWER AND AFFIRMATIVE DEFENSES
Defendants, JAMES B. RILEY, INDIVIDUALLY, JAMES B. RILEY AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF BARRETT RILEY, DECEASED (collectively
“RILEY”), and JIR CORPORATE SERVICES GROUP, LLC (“JR CORP”) by and through counsel
Answer the First Amended Complaint as follows:
1. Defendants, RILEY and JR CORP, admit the allegations contained in Paragraphs 11,
12, 14, 15, 17, 18 and 73 of Plaintiff's First Amended Complaint.
2. Defendants, RILEY and JR CORP, admit the allegations contained in Paragraphs 59,
** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 3/11/2019 10:36:30 AM.****
PDF Page 3
66, 70, 75, 79, 84, 89, 97 and 102 of Plaintiff's First Amended Complaint only to the extent that they
admit to their respective duties and liabilities under Florida law. The remaining allegations in
Paragraphs 59, 66, 70, 75, 79, 84, 89, 97 and 102, as understood by these Defendants, are denied and
Defendants, RILEY and JR CORP, demand strict proof thereof.
3. The allegations contained in Paragraphs 23-57 of Plaintiffs First Amended Complaint
are against other Defendants in this case and as such, said Paragraphs are neither admitted nor denied.
To the extent that said Paragraphs 23-57 allege any liability on the part of these Defendants, said
Paragraphs are denied and these Defendants, RILEY and JR CORP, demand strict proof thereof.
4, Defendants, RILEY and JR CORP, are either without knowledge and therefore deny,
or specifically deny, all remaining allegations contained in Plaintiffs First Amended Complaint and
demand strict proof thereof. Defendants, RILEY and JR CORP, further demand trial by jury on all
issues so triable.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
5. Plaintiff's and/or Edgar Monserratt Martinez’s, negligence was the sole legal cause
of Plaintiffs damages and injuries, if any. In the alternative, Plaintiffs and/or Edgar Monserratt
Martinez’s negligence contributed to Plaintiff's damages and injuries, if any, and therefore any
recovery herein by Plaintiff should be reduced in proportion thereto. Defendants, RILEY and JR
CORP, deny any negligence.
SECOND AFFIRMATIVE DEFENSE
6. Plaintiff's damages, ifany, were the result of acts or omissions of a third party or third
parties over whom these Defendants had no control, and for which these Defendant cannot be legally
PDF Page 4
liable, including the acts, omissions and negligence of co-Defendants, TESLA, INC. A/K/A TESLA
FLORIDA, INC. and/or HALSTON LOYD, and the acts, omissions and negligence of passenger
Alexander Berry, including but not limited to his failure to wear an available and functional seatbelt,
and failure to render aid, and that any claim against Defendants, RILEY and/or JR CORP, is either
barred or reduced by the percentage of negligence and/or damages attributed to co-Defendants,
TESLA, INC. A/K/A TESLA FLORIDA, INC. and/or HALSTON LOYD, and/or Alexander Berry
as a Fabre defendant. Defendants, RILEY and JR CORP, deny any negligence.
THIRD AFFIRMATIVE DEFENSE
7. Plaintiffs damages and injuries, if any, were the result of an independent, efficient
and/or intervening cause over which these Defendants had no control, and for which these Defendants
cannot be legally liable.
FOURTH AFFIRMATIVE DEFENSE
8. Plaintiff has or will in the future receive personal injury protection benefits from his
own automobile liability insurance policy. Defendants are entitled to a set-off for all such sums paid
or payable.
FIFTH AFFIRMATIVE DEFENSE
9. Plaintiff has or will in the future receive collateral source benefits from collateral
source payors as defined by Florida Statutes. Defendants are entitled to a set-off for all such sums
paid or payable.
SIXTH AFFIRMATIVE DEFENSE
10. Plaintiff's cause of action and any recovery herein, if any, is subject to and governed
by the provisions of Section 768.81, Florida Statutes with respect to issues of comparative fault
PDF Page 5
and/or joint and several liability.
SEVENTH AFFIRMATIVE DEFENSE
11. Plaintiff has failed to mitigate his damages. Therefore, his cause of action and any
recovery herein should be barred to the extent that he has failed to mitigate his damages.
EIGHTH AFFIRMATIVE DEFENSE
12. Plaintiff has or may in the future settle with or obtain a judgment against a third party
or third parties for the same damages sought against these Defendants. Defendants are entitled to
a set-off for all such sums paid or payable pursuant to any such settlement and/or judgment.
NINTH AFFIRMATIVE DEFENSES
13. Plaintiff has not met the threshold requirements of Section 627.737(2), Florida
Statues, and, therefore, this Plaintiff is precluded from recovering from these Defendants.
TENTH AFFIRMATIVE DEFENSE
14. Plaintiff's cause of action and damages are governed by Sections 768.20 and 768.21,
Florida Statutes.
ELEVENTH AFFIRMATIVE DEFENSE
15. Defendants, RILEY and JR CORP, are entitled to the limitations of liability pursuant
to Section 324.021(9)(b)(3), Florida Statutes.
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic mail to: Scott P. Schlesinger, Esq., Jonathan R. Gdanski, Esq. and Zane Berg, Esq.,
scott(@schiesingerlaw.com, jonathan@schlesingerlaw.com. zane(eschiesingerlaw.com,
monserratt(@schlesingerlaw.com, esabbagh(@schlesingerlaw.com, Schlesinger Law Offices, P.A.
1212 S.E. 3rd Avenue, Fort Lauderdale, FL 33316; Philip Harnett Corboy, Esq.,
PDF Page 6
the@ccorboydemetrio.com, Corboy & Demetrio 33 N. Dearborn Street, 20th Floor, Chicago, IL
60602; Robert J. Rudock, Esq. and Whitney V. Cruz, Esq., Robert. Rudock(@bowmanandbrooke.com
and Whitney.Cruz(@bowmanandbrooke.com, Bowman and Brooke LLP, Two Alhambra Plaza, Suite
800, Coral Gables, FL 33134 on this 11" day of March, 2019.
SELLARS, MARION & BACHI, P.A.
Attorneys for Defendants, JAMES B. RILEY and JR
CORPORATE SERVICES GROUP, LLC
811 North Olive Avenue
West Palm Beach, FL 33401
Telephone: (561) 655-8111
Facsimile: (561) 655-4994
Service email: pleadings@smb-law.com
By: /s/ Laurie Primus
LAURIE A. PRIMUS
Florida Bar No.: 0714151