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BHD:vg IN THE CIRCUIT COURT OF THE 20TH
003.381 JUDICIAL CIRCUIT IN AND FOR
8/15/01 CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
SALLY SIMON, as Personal Representative of the
Estate of MICHAEL SIMON,
Plaintiff, CASE NO. 00-120 CA
V8. Charlotte County Clerk
Cace# Date : 08/20/01 - 15:56:21 id: 120
MARK ASPERILLA, M.D., MARK ASPERILLA, #: 00000120CA Pages: 0004
M:D., P.A., a Florida Corporation, DALE
indie emotes TMM Hl
M.D., LEVY, BAKER, CONSTINE &
GREENBERG, M._D., P.A., a Florida Corporation,
SAMUEL ESTEPA, M.D., PRIMARY CARE
PHYSICIANS, INC., a Florida Corporation,
NASIR KHALIDI, M.D., NASIR KHALIDI &
SAKINA KHALIDIL MD., P.A., a Florida
Corporation, and CONRAD EPPING KOERPER,
M.D., COLEMAN & CASTELLON, M_LD., P.A.,
a/k/a CHARLOTTE RADIOLOGY GROUP, and
BON SECOURS-ST. JOSEPH HOSPITAL, a
Florida Corporation,
Ce
Defendants.
PROPOSED THIRD AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND
REQUEST FOR JURY TRIAL OF DEFENDANT SAMUEL V. ESTEPA, M.D., TO
PLAINTIFF’S AMENDED COMPLAINT
Florida Bar No, 225134
Defendant, SAMUEL V. ESTEPA, M.D., answers Plaintiff's Amended
Complaint as follows:
: 1. Defendant denies each and every allegation that he has not specifically
admitted.
2. Defendant admits that he is a physician licensed to practice medicine in
the State of Florida.CASE NO. 00-120 CA
3. Defendant denies the occurrence of any negligence, but if any negligence
oceurred, it resulted from the acts or omissions of other persons over whom this Defendant had
no dominion or control, At present these may include MARK ASPERILLA, M.D., MARK
ASPERILLA, M.D., P.A., DALE GREENBERG, M.D., RONALD CONSTINE, M.D., LEVY,
BAKER, CONSTINE & GREENBERG, M.D., P.A.. THOMAS K. WANZY, M.D., THOMAS
K. WANZY, M.D., P.A. BALAN K. NANDIGAM, M.D., CHARLOTTE MEDICAL
ASSOCIATES, P.A., MOIDEN MOOPEN, M.D., MOIDEN MOOPEN, M.D., P.A. CARLOS
E. MAAS, M.D., CARLOS E. MAAS, M.D., P.A., NASIR KHALIDI, M.D., NASIR KHALIDI
& SAKINA KHALIDI, M.D., P.A., ST. JOSEPH’S EMERGENCY MEDICAL PHYSICIANS,
FRANK COLUNGA, M.D., CHRIS MICHELSON, M.D., CONRAD KOERPER, M.D.,
COLEMAN & CASTELLON, M.D., P.A., and BON SECOURS ST. JOSEPH HOSPITAL,
which are other defendants in this case and their employees, which according to Plaintiff's
allegations, were guilty of negligence. This Defendant reserves the right to ask that their names
and the names of any of their employees appear on the verdict form.
4. Defendant denies the occurrence of any negligence, but if any negligence
occurred, it resulted from the acts or omissions of other persons over whom this Defendant had
no dominion or control, and who are not parties to this action. At present these may include
MAURICIO CASTELLON, M.D. and DANIEL TUFARIELLO, M.D. This Defendant reserves
the right to ask that their names appear on the verdict form.
5. Defendant specifically denies every allegation of negligence or proximate
cause against him.
6. The alleged injuries to Plaintiff, if any, were within the necessary or
reasonably foreseeable results of the surgical, medicinal, or diagnostic procedures constituting
the medical intervention from which the alleged injuries resulted, and this Defendant has no
liability pursuant to Section 766.102(3)(a) of the Florida Statutes.
7. Defendant denies liability, but in the event of a verdict against him, he is
entitled to a set-off for any benefits paid or payable from collateral sources to Plaintiff.
8. Defendant denies liability, but in the event of a verdict against him, he is
entitled to invoke the provisions of Section 768.78 of the Florida Statutes. This statutory section
allows the Defendant to make payments of any damages by periodic payments.
2
DIAZ & MOREL-SARUSK!, ATTORNEYS AT LAW, 2912 DOUGLAS ROAD, CORAL GABLES, FL. 33134 ~ TEL (305) 529-9910CASE NO. 00-120 CA
9. Defendant denies liability, but in the event of a verdict against him, his
negligence, if any, must be compared subject to the provisions of Section 768.81 of the Florida
Statutes. Since Plaintiff has sued more than one Defendant, when the case is submitted to the
jury, the jury will have to determine the percentage of fault of all parties whose name appear on
the verdict form. If a jury finds Plaintiff to be at fault, Sections 768.81(2)(3a) will apply. If
Plaintiff is found to be without fault, then Section 768.81(2)(3b) will apply.
: 10. Plaintiff and decedent were negligent, and their negligence caused or
contributed to the death, thus precluding Plaintiff from making any recovery, or in the
alternative, reducing the damages, if any, in proportion to the negligence.
11. Defendant is not liable because of the provisions in Section 766.102(5) of
the Florida Statutes. Defendant acted at all times in good faith and with good due regard for the
prevailing professional standard of care.
12. Defendant is entitled to a set off for all amounts received by plaintiff, the
Estate, or any survivor pursuant to any settlement. In addition, defendant is entitled to a setoff
for all amounts waived by any party any prior defendant in this cause pursuant to a settlement for
agreement to end litigation against that party.
DEMAND FOR JURY TRIAL
Defendant demands a jury trial of all issues triable by jury.
IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing was
mailed to all counsel on the attached service list on August 15, 2001.
DIAZ & MOREL-SARUSKI
Attomeys for SAMUEL V. ESTEPA, M.D.
2912 Douglas Road
Coral Gables, FL 33134
(305) 529-9910
: BY.
1 BENITO H. DIAZ
3
‘DIAz & MOREL-SARUSKI, ATTORNEYS AT LAW, 2912 DOUGLAS ROAD, CORAL GABLES, FL 33134 ~ TEL (305) 529-9910i
Re: Simon v. Samuel Estepa, M.D.
Our File No.: 003.381
LIST OF COUNSEL
MR. THOMAS A. CULMO
Law Offices of Culmo & Culmo, P.A.
2400 South Dixie Highway, Suite 100
Miami, FL 33133
PH: (305) 856-4004
FAX: (305) 854-5445
ATTORNEY FOR PLAINTIFF
MR. DENNIS A. KOLTUN
Koltun & Lazar, P.A.
7101 S.W. 102nd Avenue
Miami, FL 33173
PH: (305) 595-6791
FAX: (305) 595-5400
CO-COUNSEL FOR PLAINTIFF
MS. JEAN KNEALE
Hicks, Anderson & Kneale, P.A.
799 Brickell Plaza, Suite 900
Miami, FL 33131
PH: (305) 374-8171
FAX: (305) 372-8038
CO-COUNSEL FOR SAMUEL ESTEPA, M.D.
MR. BENITO H. DIAZ
Diaz & Morel-Saruski
2912 Douglas Road
Coral Gables, FL 33134
PH: (305) 529-9910
FAX: (305) 529-9913
ATTORNEY FOR SAMUEL ESTEPA, M.D.
DIAZ & MOREL-SARUSKI, ATTORNEYS AT LAW, 2912 DOUGLAS ROAD, CORAL GABLES, FL 33134 - TEL (305) 529-9910
Preview
BHD:vg IN THE CIRCUIT COURT OF THE 20TH 003.381 JUDICIAL CIRCUIT IN AND FOR 8/15/01 CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION SALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, Plaintiff, CASE NO. 00-120 CA V8. Charlotte County Clerk Cace# Date : 08/20/01 - 15:56:21 id: 120 MARK ASPERILLA, M.D., MARK ASPERILLA, #: 00000120CA Pages: 0004 M:D., P.A., a Florida Corporation, DALE indie emotes TMM Hl M.D., LEVY, BAKER, CONSTINE & GREENBERG, M._D., P.A., a Florida Corporation, SAMUEL ESTEPA, M.D., PRIMARY CARE PHYSICIANS, INC., a Florida Corporation, NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA KHALIDIL MD., P.A., a Florida Corporation, and CONRAD EPPING KOERPER, M.D., COLEMAN & CASTELLON, M_LD., P.A., a/k/a CHARLOTTE RADIOLOGY GROUP, and BON SECOURS-ST. JOSEPH HOSPITAL, a Florida Corporation, Ce Defendants. PROPOSED THIRD AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND REQUEST FOR JURY TRIAL OF DEFENDANT SAMUEL V. ESTEPA, M.D., TO PLAINTIFF’S AMENDED COMPLAINT Florida Bar No, 225134 Defendant, SAMUEL V. ESTEPA, M.D., answers Plaintiff's Amended Complaint as follows: : 1. Defendant denies each and every allegation that he has not specifically admitted. 2. Defendant admits that he is a physician licensed to practice medicine in the State of Florida.CASE NO. 00-120 CA 3. Defendant denies the occurrence of any negligence, but if any negligence oceurred, it resulted from the acts or omissions of other persons over whom this Defendant had no dominion or control, At present these may include MARK ASPERILLA, M.D., MARK ASPERILLA, M.D., P.A., DALE GREENBERG, M.D., RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE & GREENBERG, M.D., P.A.. THOMAS K. WANZY, M.D., THOMAS K. WANZY, M.D., P.A. BALAN K. NANDIGAM, M.D., CHARLOTTE MEDICAL ASSOCIATES, P.A., MOIDEN MOOPEN, M.D., MOIDEN MOOPEN, M.D., P.A. CARLOS E. MAAS, M.D., CARLOS E. MAAS, M.D., P.A., NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA KHALIDI, M.D., P.A., ST. JOSEPH’S EMERGENCY MEDICAL PHYSICIANS, FRANK COLUNGA, M.D., CHRIS MICHELSON, M.D., CONRAD KOERPER, M.D., COLEMAN & CASTELLON, M.D., P.A., and BON SECOURS ST. JOSEPH HOSPITAL, which are other defendants in this case and their employees, which according to Plaintiff's allegations, were guilty of negligence. This Defendant reserves the right to ask that their names and the names of any of their employees appear on the verdict form. 4. Defendant denies the occurrence of any negligence, but if any negligence occurred, it resulted from the acts or omissions of other persons over whom this Defendant had no dominion or control, and who are not parties to this action. At present these may include MAURICIO CASTELLON, M.D. and DANIEL TUFARIELLO, M.D. This Defendant reserves the right to ask that their names appear on the verdict form. 5. Defendant specifically denies every allegation of negligence or proximate cause against him. 6. The alleged injuries to Plaintiff, if any, were within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedures constituting the medical intervention from which the alleged injuries resulted, and this Defendant has no liability pursuant to Section 766.102(3)(a) of the Florida Statutes. 7. Defendant denies liability, but in the event of a verdict against him, he is entitled to a set-off for any benefits paid or payable from collateral sources to Plaintiff. 8. Defendant denies liability, but in the event of a verdict against him, he is entitled to invoke the provisions of Section 768.78 of the Florida Statutes. This statutory section allows the Defendant to make payments of any damages by periodic payments. 2 DIAZ & MOREL-SARUSK!, ATTORNEYS AT LAW, 2912 DOUGLAS ROAD, CORAL GABLES, FL. 33134 ~ TEL (305) 529-9910CASE NO. 00-120 CA 9. Defendant denies liability, but in the event of a verdict against him, his negligence, if any, must be compared subject to the provisions of Section 768.81 of the Florida Statutes. Since Plaintiff has sued more than one Defendant, when the case is submitted to the jury, the jury will have to determine the percentage of fault of all parties whose name appear on the verdict form. If a jury finds Plaintiff to be at fault, Sections 768.81(2)(3a) will apply. If Plaintiff is found to be without fault, then Section 768.81(2)(3b) will apply. : 10. Plaintiff and decedent were negligent, and their negligence caused or contributed to the death, thus precluding Plaintiff from making any recovery, or in the alternative, reducing the damages, if any, in proportion to the negligence. 11. Defendant is not liable because of the provisions in Section 766.102(5) of the Florida Statutes. Defendant acted at all times in good faith and with good due regard for the prevailing professional standard of care. 12. Defendant is entitled to a set off for all amounts received by plaintiff, the Estate, or any survivor pursuant to any settlement. In addition, defendant is entitled to a setoff for all amounts waived by any party any prior defendant in this cause pursuant to a settlement for agreement to end litigation against that party. DEMAND FOR JURY TRIAL Defendant demands a jury trial of all issues triable by jury. IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing was mailed to all counsel on the attached service list on August 15, 2001. DIAZ & MOREL-SARUSKI Attomeys for SAMUEL V. ESTEPA, M.D. 2912 Douglas Road Coral Gables, FL 33134 (305) 529-9910 : BY. 1 BENITO H. DIAZ 3 ‘DIAz & MOREL-SARUSKI, ATTORNEYS AT LAW, 2912 DOUGLAS ROAD, CORAL GABLES, FL 33134 ~ TEL (305) 529-9910i Re: Simon v. Samuel Estepa, M.D. Our File No.: 003.381 LIST OF COUNSEL MR. THOMAS A. CULMO Law Offices of Culmo & Culmo, P.A. 2400 South Dixie Highway, Suite 100 Miami, FL 33133 PH: (305) 856-4004 FAX: (305) 854-5445 ATTORNEY FOR PLAINTIFF MR. DENNIS A. KOLTUN Koltun & Lazar, P.A. 7101 S.W. 102nd Avenue Miami, FL 33173 PH: (305) 595-6791 FAX: (305) 595-5400 CO-COUNSEL FOR PLAINTIFF MS. JEAN KNEALE Hicks, Anderson & Kneale, P.A. 799 Brickell Plaza, Suite 900 Miami, FL 33131 PH: (305) 374-8171 FAX: (305) 372-8038 CO-COUNSEL FOR SAMUEL ESTEPA, M.D. MR. BENITO H. DIAZ Diaz & Morel-Saruski 2912 Douglas Road Coral Gables, FL 33134 PH: (305) 529-9910 FAX: (305) 529-9913 ATTORNEY FOR SAMUEL ESTEPA, M.D. DIAZ & MOREL-SARUSKI, ATTORNEYS AT LAW, 2912 DOUGLAS ROAD, CORAL GABLES, FL 33134 - TEL (305) 529-9910