Preview
Filing# 172039310 E-Filed 04/28/2023 02:05:21 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-21-016578
JOY FURER,
Plaintiff.
V
GG RE HOLLYWOOD BEACH 613 LLC,
and RELAXPRO, LLC,
Defendants.
i
DEFENDANT GG RE HOLLYWOOD BEACH 6113, LLC'S MOTION FOR LEAVE TO
AMEND ANSWER AND AFFIRMATIVE DEFENSES AND FILE CROSSCLAIM
Defendant, GG RE HOLLYWOOD BEACH 613, LLC ("GG") by and through
undersignedcounsel,and pursuant to Florida Rule ofCivil Procedure 1.190, hereby files its Motion
for Leave to Amend its Answer and Affirmative Defenses and File Crossclaim, and in support
states:
1. JOY
This case stems from Plaintiff, FURER' S ("Plaintiff'), related
allegedinjuries
to a negligentsecurityclaim.
2. On August 31, 2021, Plaintiff filed a Complaint in this action allegingnegligence.
3 On February 2,2022, Plaintiff filed an Amended Complaint,adding DESIGNED
VR, PRO ("Designed VR") as a party defendant.
4. On February 21, 2022, GG filed its Answer and Affirmative Defenses to Plaintiff's
Amended Complaint.
5. On March 18, 2022, Designed VR filed its Answer and Affirmative Defenses to
Plaintiff' s Amended Complaint.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2023 02:05:21 PM.****
6. On April 18, 2022, Plaintiff filed her Second Amended Complaint adding
RELAXPRO, LLC ("RelaxPro") as a party defendant, and removing Designed VR as a party
defendant.
7. On May 6,2022, RelaxPro filed its Answer and Affirmative Defenses to Plaintiff's
Second Amended Complaint.
8 On May 17, 2022, GG filed its Answer and Affirmative Defenses to Plaintiff' s
Second Amended Complaint.
9- Plaintiff's Second Amended Complaint allegesnegligence against GG for the
alleged failure to provide adequate securityfor its invitees and the public,failure to warn its
invitees and the publicof the nature and character of its premiseswhen it knew or in the exercise
of reasonable care should have known that multiple criminal incidents had occurred on or nearby
to Defendant's premises priorto the subjectincident,failure to warn, protect, guard, and secure
the safetyof its invitees and of the public,failure to police,patrol,guard, deter, and otherwise
provide adequate protectionsfor its invitees and the public,failure to hire and/or retain adequate
securitypersonnel to patroland/or monitor the premises,failure to have a sufficient number of
guards in visible areas to deter crime, failure to have an adequate number of securityguards to
protect its invitees and the public,failure to hire and/or retain competent security
guards to protect
its invitees,failure to properlytrain securityguards to be reasonably skillful,
competent, and/or
qualifiedto exercise appropriateand proper securitymeasures so that they could protect its tenants,
invitees,and the public,failure to provide proper and sufficient lightingfor the premises,failure
to have functional surveillance cameras throughoutthe premises,failure an adequatenumber of
surveillance cameras at the premises and the surrounding areas, includingbut not limited to the
area of the premises where the subjectincident occurred, failure to positionsurveillance cameras
2
in appropriatelocations such that the premises and surroundingareas where the subjectincident
occurred were monitored and/or said cameras would act as a deterrent againstcriminal activity,
failure to have and/or maintain surveillance cameras in working condition such that every camera
was in its line of view, failure to implement adequate security
able to monitor and record activity
securitymeasures, and securityprocedures necessary to protect invitees and the public,
policies,
failure to take additional securitymeasures after being put on notice that the securitymeasures in
force were inadequate,failure to adequatelyprovide an overall securityplan that would meet the
known industrystandards and customs for safetyin the community, failure to provide a safe area
where invitees,includingPlaintiff,
could access their vehicle in a well-lit area, forcinginvitees to
park their vehicles in a dark area where crime would go undetected, and failure to ensure that the
management company with control over the property instituted reasonable securitymeasure to
keep invitees safe on the property. See Complaint at 7 17.
10. Plaintiff's Second Amended Complaint allegesnegligenceagainstRelaxPro for the
alleged failure to provide adequate securityfor its invitees and the public, failure to warn its
invitees and the publicof the nature and character of its premises when it knew or in the exercise
of reasonable care should have known that multiplecriminal incidents had occurred on or nearby
to Defendant's premises priorto the subjectincident,failure to warn, protect, guard, and secure
guard, deter, and otherwise
the safetyof its invitees and of the public,failure to police,patrol,
provide adequate protectionsfor its invitees and the public,failure to hire and/or retain adequate
securitypersonnel to patroland/or monitor the premises,failure to have a sufficient number of
guards in visible areas to deter crime, failure to have an adequate number of securityguards to
protect its invitees and the public,failure to hire and/or retain competent securityguards to protect
its invitees,failure to properlytrain securityguards to be reasonably skillful,
competent, and/or
3
and proper securitymeasures so
to exercise appropriate
qualified that they could protect its tenants,
invitees,and the public,failure to provide proper and sufficient lightingfor the premises,failure
to have functional surveillance cameras throughout the premises, failure an adequate number of
surveillance cameras at the premises and the surrounding areas, includingbut not limited to the
area of the premises where the subjectincident occurred, failure to positionsurveillance cameras
in appropriatelocations such that the premises and surrounding areas where the subjectincident
occurred were monitored and/or said cameras would act as a deterrent againstcriminal activity,
failure to have and/or maintain surveillance cameras in working condition such that every camera
was able to monitor and record activity
in its line of view, failure to implement adequate security
securitymeasures, and securityproceduresnecessary
policies, to protect invitees and the public,
failure to take additional securitymeasures after being put on notice that the securitymeasures in
force were inadequate,failure to adequatelyprovide an overall securityplan that would meet the
known industrystandards and customs for safetyin the community, failure to provide a safe area
where invitees,includingPlaintiff,
could access their vehicle in a well-lit area, and forcinginvitees
to park their vehicles in a dark area where crime would go undetected. See Complaint at 7 29.
11. According to the Owner Agreement between GG and RelaxPro, RelaxPro is
requiredto hold harmless and indemnify GG pursuant to the Owner Agreement for all loss or
damage suffered by GG related to RelaxPro's failure to comply with the terms of the Owner
Agreement.
12. The Owner Agreement provides,in pertinent:
Owner exclusivelyauthorizes Relaxpro LLC DBA DesignedVR to act as vacation
rental property manager on behalf of Owner and provide services for the marketing,
care,management and occupancy of the Unit to the public for rent (and not other
rental manager or agent)....
4
LIABILITY AND INSURANCE A. AGENT LIABILITY:
.
Relaxpro LLC DBA DesignedVR will hold harmless and indemnify Owner
. .
against all loss or damage suffered by Owner related to Relaxpro LLC DBA
Designed VR's failure to comply with the terms ofthis Agreement.....
13. By this Motion, Defendant GG moves for leave to assert a crossclaim of
Contractual Indemnification againstRelaxPro. This Motion is being asserted timely,and does not
prejudicethe opposing party or create an inequityor undue hardship of any party.
14. It is well-established tenant of Florida law that there is liberality
with respect to
amending pleadings,and "leave to amend should be freelygiven when justiceso requires."
Mutual
of Omaha Insurance Company v. Gold, 795 So.2d 119 (Fla.5th DCA 2001); see also Tolbert v.
CSX Transp.,590 So. 2d 543 (Fla.2d DCA 1991).
15. It is publicpolicy in Florida to freelyallow amendments to pleadings so cases may
be resolved on their merits. Colandrea v.
King, 661 So. 2d 1250 (Fla.2d DCA 1995) (reversing
trial was entitled to
court and holding that plaintiff amend her complaint even after the statute of
limitations period had expired).
16. A copy of Defendant GG's Amended Answer and Affirmative Defenses and
Crossclaim is attached hereto as Exhibit A.
17. This Motion is not being brought for purposes of prejudiceor delay,and will not
serve to prejudiceany party. Further it is essential to allow this amendment and presentation
on
the merits will be more effectivelyexpedited.See Garrett v. Oak Hall Club, 118 So. 2d 633 (Fla.
1960).
WHEREFORE, for the reasons stated herein,Defendant, GG RE HOLLYWOOD BEACH
613, LLC, respectfully
requests this Court enter an Order grantingDefendant leave to amend its
5
Answer and Affirmative Defenses and file a Crossclaim pursuant to the liberal amendment
standard set out in Fla. R. Civ. P. 1.190 and the supportingcaselaw.
DATED on this 28)th day of April,2023.
ANDERSONGLENN LLP
/s/.John .J. Glenn
John J. Glenn, Esq.
Florida Bar No.. 957860
Jglenn@asglaw.com
Amanda N. Rumker, Esquire
Florida Bar No.. 125580
arumker@asglaw. com
2650 North MilitaryTrail,Suite 430
Boca Raton, Florida 33431
Tel.: (561) 893-9192
Fax: (561) 893-9194
CERTIFICATE OF SERVICE
I HEREBY CERTIFY thaton this 28th day of April 2023, I electronically filed the
foregoing document with the Clerk of the Court using Florida Court's E-FilingPortal and certify
that all counsel of record have been served via transmission of Notice of Electronic Filing
generated by Florida Court E-Filing Portal or in some other authorized manner for those counsel
who are not authorized to receive electronically
or parties Notices of Electronic Filing.
/s/.John .J. Glenn
John J. Glenn, Esq.
6
Exhibit "A"
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-21-016578
JOY FURER,
Plaintiff.
V
GG RE HOLLYWOOD BEACH 613 LLC,
and RELAXPRO, LLC,
Defendants.
i
DEFENDANT GG RE HOLLYWOOD BEACH 613 LLC'S AMENDED ANSWER AND
AFFIRMATIVE DEFENSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT
AND CROSSCLAIM AGAINST RELAXPRO LLC
Defendant, GG RE HOLLYWOOD BEACH 613 LLC (hereinafter"GG"),by and through
its undersigned counsel and pursuant to Fla. R. Civ. P. 1.140 and 1.170(g),hereby files its
Amended Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint and
Crossclaim againstDefendant RELAXPRO, LLC and states:
ALLEGATIONS AS TO ALL COUNTS
1. Denied.
2. Denied.
3 Denied.
4. Denied.
5. Denied.
6. Denied.
7. Denied.
8 Denied.
9- Denied.
10. Denied.
COUNTI
NEGLIGENCE AGAINST GG RE HOLLYWOOD BEACH 613 LLC
11. Defendant re-allegesand re-avers its responses and statements contained in
paragraphs 1 -10 as if fullyset forth herein.
12. Denied.
13. Denied.
14. Denied.
15. Denied.
16. Denied.
17. Denied (a-v).
18. Denied.
19. Denied.
20. Denied.
21. Denied (a-d).
22. Denied.
COUNT II
NEGLIGENCE AGAINST RELAXPRO LLC
23. Count II, Negligence Against RelaxPro LLC, is not specifically
pled against
Defendant GG RE Hollywood Beach 613 LLC, in paragraphs 23-34 of Plaintiff's Second
Amended Complaint,and are hereby accordinglydenies to the extent said are asserted
allegations
againstDefendant GG RE Hollywood Beach 613 LLC. Defendant denied the Plaintiff is entitled
to relief in the unnumbered "WHEREFORE" paragraphsfollowingCounts I and II.
2
DEFENDANT GG'S AFFIRMATIVE DEFENSES
1. Defendant GG denies that Plaintiff's injurieswere the result o f negligenceby the
Defendant GG.
2. Defendant GG states at the time and place complained of Plaintiff was guiltyof
negligence,which negligencewas the legalcause of or contributed to the incident complained of,
and to the extent of such negligence,the Plaintiff is barred and estopped from any recovery in this
cause or, in the any recovery had must be reduced in accordance with the principles
alternative, of
comparative negligence pursuant to § 768.81, Fla. Stat.
3 Plaintiff knew of the existence of the alleged danger complained of in the
Complaint (theexistence o f which is denied),realized and appreciated o f injuryas
the possibility
a result of the allegeddanger and having a reasonable opportunityto avoid it,voluntarilyexposed
herself to the allegeddanger, thus wholly precluding or on a comparative basis,reducing any
recovery by Plaintiff againstDefendant GG in this action.
4. Defendant GG is not responsiblefor the conduct of negligent partiesand non-
RelaxPro
parties, LLC and/or Plaintiff's allegedattackers,that assaulted her, and is entitled to have
its if any, determined in lightof the conduct of negligentnon-
proportionateshare of liability,
partieswhose names may appear on the verdict form pursuant to § 768.81, Fla. Stat. and Fabre v.
Marin, 623 So.2d 1182 (Fla.1993).Defendant reserves the rightto supplement and/or amend this
defense after additional discovery.
5. Defendant GG affirmatively
avers that the damages allegedby the Plaintiff,
iftrue,
were caused by the intervening,
superseding,negligenceof other parties,
persons, or entities,
RelaxPro LLC and/or Plaintiff's alleged attackers that assaulted her, whether named in this
or
litigation not, over which the Defendant GG had no control,and as such, any cause of action
3
againstDefendant GG should be barred or damages should be reduced in proportionto the
in accordance with § 768.81, Florida Statutes and Fabre
negligenceof such third-party v. Marin,
623 So.2d 1182 (Fla.1993). As discovery is ongoing, Defendant reserves the rightto amend this
affirmative defense to specifically the
identify not named in this
names ofthe third-parties lawsuit
who proximatelycaused or contributed to Plaintiff's complained of damages.
6. Plaintiff's claims are barred, in whole or in part, because any injuriesand damages
claimed in the Second Amended Complaint were the result of an independentinterveningand
supersedingcause rather than any act or omission of Defendant GG. The independent,intervening
and damages allegedlysustained by the Plaintiffwere,upon
and supersedingcause of any injuries
information and belief,an unforeseeable force of nature.
7. Defendant GG is entitled to a setoff for any and all collateral source benefits paid
to, for and/or on behalf of Plaintiff or are payable or available to, for and/or on behalf of said
Plaintiff. Such collateral source benefits must be deducted from the jury verdict,if any, against
Defendant GG.
8 To the extent that discovery reveals the Plaintiff,at the time and place of the
incident allegedin Plaintiff's Second Amended Complaint, was under the influence of alcohol or
drugs,or to the extent that Plaintiff's normal faculties were impaired,or the Plaintiff had a blood
alcohol level of 0.08 percent or higher,Plaintiff's claim for damages is barred pursuant to § 768.36,
Fla. Stat.
9- Plaintiff's damages, if any, were not caused by the actions and/or inactions of the
Defendant GG.
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10. Defendant GG states that Plaintiff's claims are barred, in whole or in part, to the
extent that she has failed to join partiesnecessary and indispensableto this action,includingthe
allegedattackers that assaulted her.
11. Defendant GG states at the time and place complained of,there is no evidence that
would have been followed or would
and/or security
any warnings,fencingor barricades,lighting,
have prevented the allegedinjuryas described in the Second Amended Complaint.
12. Defendant GG states that the incident as described in the Second Amended
Complaint was totallyunforeseeable to Defendant GG and, therefore,this Defendant GG had no
duty or opportunityto take steps to prevent the allegedincident.
13. Plaintiff's claims are barred, in whole or in part, as Defendant GG denies having
active or constructive knowledge of the dangerous conditions that allegedlycaused the subject
incident and therefore could not have taken action to remedy it.
14. There was no nexus between Plaintiff' s damages and any allegednegligenceon the
part of Defendant GG, and therefore,this action should fail due to the absence ofproximate cause.
15. Defendant GG states that it is not liable for the conduct of another who may have
in that this Defendant
caused injuryof the Plaintiff, GG had no notice of the danger involved nor
an opportunityto protect againstsuch danger.
16. Defendant GG states that its knowledge of any allegeddanger was in no way
superiorto that o f Plaintiff's own knowledge and, therefore,no duty to warn arose.
17. The allegedsubjectincident could not have been foreseen.
18. The incident as described in Plaintiff's Second Amended Complaint did not occur
and thus was not foreseeable.
with regularity,
5
19. Plaintiff failed to exercise reasonable care and
and diligenceto mitigatethe injuries
damages allegedin the Second Amended Complaint; as a result,any recovery by Plaintiffmust be
apportionedin direct proportionto such failure to mitigatein accordance with applicablelaw.
20. To the extent that discoveryreveals that Plaintiffwas not an invitee,Defendant GG
states that Plaintiff was not an invitee and, therefore,the duties owed to Plaintiff are not those as
stated in the Second Amended Complaint.
21. Defendant GG states that it has no duty to protect an invitee on its property from
criminal attack by a person over whom he has no control because the criminal act was not
foreseeable.
22. Defendant GG states that it had no knowledge of the dangerous propensities
of
Plaintiff's assailants and/or attackers that allegedlyassaulted her.
23. Defendant GG states that its opportunityto protect the risk ofharm which allegedly
occurred to Plaintiffin this case was entirely unexpected and quick nature
lackingdue to the totally
of the action by Plaintiff and the that assaulter her, and as a matter o f law the
legalcause of the Plaintiff's cannot be attributed to
injuries this Defendant GG.
24. To the extent that discoveryreveals that this action arose from injurysustained by
a partic*antduring the commission or attemptedcommission of a forcible felony as defined in §
776.08, Fla. Stat.,and to the extent that a forcible felony is proven, Plaintiff's claims are barred
pursuant to §766.085, Fla. Stat.,and Defendant GG shall be awarded its reasonable attorneys'fees
as the prevailingparty.
25. Any disability,
disfigurementor injuryclaims allegedby are a result of
Plaintiff,
apre-existingcondition or were caused by a subsequent injuryor injuriesand were not caused or
aggravatedby any allegedacts of negligenceof Defendant GG or by any third parties.
6
26. The Plaintiff expressly assumed the risk incident to the activitythat she was
partic*atingin at the time ofthe allegedincident,which was open and obvious. Accordingly,any
claim for damages sought by the Plaintiff is either barred or reduced by the express assumption of
risk o f the Plaintiff.
27. The injuryand incident complained of occurred despiteadequate and reasonable
securityprecautions.
RESERVATION OF RIGHT TO ASSERT DEFENSES
Defendant GG allegesthat it may have additional defenses or claims available to them, of
which Defendant GG is not now aware. Defendant GG reserves the rightto assert additional
claims as may be revealed to be appropriate
defenses or cross-claims,counterclaims,or third-party
through discovery or otherwise.
CROSSCLAIM AGAINST DEFENDANT RELAXPRO, LLC
1. This is an action seekingdamages in excess of$30,000, exclusive ofinterest,costs,
and attorneys'fees.
2. At all times material hereto, GG is a Florida corporationauthorized to do and
doing business in Broward County, Florida.
3. At all times material hereto, RelaxPro is a Florida corporationauthorized to do
and doing business in Broward County, Florida.
4. Venue is proper in Broward County, Florida because it is the county in which the
actions or inactions that gave rise to this matter occurred, and is the sims of the property which is
the subjectofthis action.
5. GG has performed all conditions precedent to be performed by it or the conditions
have occurred,been waived, or none are required.
7
1. GG entered into a written contract with RelaxPro dated ,
in which RelaxPro
is requiredto hold harmless and indemnify GG pursuant to the Owner Agreement for all loss or
damage suffered by GG RE Hollywood Beach 613 related to RelaxPro's failure to comply with
the terms of the Owner Agreement.
2. The Owner Agreement provides,in pertinent:
Owner exclusivelyauthorizes Relaxpro LLC DBA DesignedVR to act as vacation
manager on behalf of Owner and provide services for the marketing,
rental property
care, management and occupancy of the Unit to the publicfor rent (and not other
rental manager or agent)....
LIABILITY AND INSURANCE A. AGENT LIABILITY:
.
Relaxpro LLC DBA DesignedVR will hold harmless and indemnify Owner
. .
againstall loss or damage suffered by Owner related to Relaxpro LLC DBA
Designed VR's failure to comply with the terms ofthis Agreement.....
3 GG is completely and wholly without fault for Plaintiff's damages.
COUNT I - CONTRACTUAL INDEMNIFICATION AGAINST RELAXPRO, LLC
1. GG restates and incorporatesby reference paragraphs 1 -3 as fullyset forth herein.
2. The Owner Agreement contains an indemnification provision,as stated above, to
hold harmless and indemnify Owner againstall loss or damage suffered by Owner related to
Relaxpro LLC DBA Designed VR's failure to comply with the terms of this Agreement.' ..
3 Pursuant to the Owner Agreement, RelaxPro is contractuallyobligated to
indemnify GG againstany and all damages, includingthe claims by Plaintiff in the Second
Amended Complaint.
4. GG has been requiredto retain undersigned counsel and pay various legalcosts and
attorneys'fees in the defense of Plaintiff's action and in the prosecutionof this crossclaim.
5. GG is entitled to indemnity from RelaxPro for any amounts it may be requiredto
pay Plaintiff for her allegeddamages, and all fees and costs of litigation
associated with defending
8
Plaintiff's claims and prosecutingthis claim for indemnification,as it all arises out of RelaxPro's
failure to perform its work, and/or negligentperformance of its work, and/or failure to supervise.
6. GG denies that it has breached any duty or other obligationto Plaintiff,or that is
responsibleto her for any of the claims asserted againstGG.
7. GG hereby demands that RelaxPro indemnify and hold it harmless for the
underlying claim made by Plaintiff,
includingall of Plaintiff's damages, costs, and fees,as well as
all damages, costs, and fees ofthe defense ofthe underlyingoperativeSecond Amended Complaint
and for the prosecutionof this crossclaim.
WHEREFORE, Cross-Plaintiff, GG RE HOLLYWOOD BEACH 613, LLC, demands
judgment for damages, includingindemnification,interest,costs, and attorneys'fees against
RELAXPRO, LLC, and all amounts it may become together with
obligatedto pay to Plaintiff,
such other and further relief that this Court deems justand proper.
JURY DEMAND
Defendant GG demands trial by jury on all issues so triable.
DATED this 28 ->th
day o f April,2023.
ANDERSONGLENN LLP
/s/.John .J. Glenn
John J. Glenn, Esq.
Florida Bar No.. 957860
Jglenn@asglaw.com
Amanda N. Rumker, Esquire
Florida Bar No.. 125580
arumker@asglaw. com
2650 North MilitaryTrail,Suite 430
Boca Raton, Florida 33431
Tel.: (561) 893-9192
Fax: (561) 893-9194
9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY thaton this 28th day of April 2023, I electronically filed the
foregoing document with the Clerk of the Court using Florida Court's E-Filing Portal and certify
that all counsel of record have been served via transmission of Notice of Electronic Filing
generatedby Florida Court E-FilingPortal or in some other authorized manner for those counsel
who are not authorized to receive electronically
or parties Notices of Electronic Filing.
/s/.John .J. Glenn
John J. Glenn, Esq.
10
Preview
Filing# 172039310 E-Filed 04/28/2023 02:05:21 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016578 JOY FURER, Plaintiff. V GG RE HOLLYWOOD BEACH 613 LLC, and RELAXPRO, LLC, Defendants. i DEFENDANT GG RE HOLLYWOOD BEACH 6113, LLC'S MOTION FOR LEAVE TO AMEND ANSWER AND AFFIRMATIVE DEFENSES AND FILE CROSSCLAIM Defendant, GG RE HOLLYWOOD BEACH 613, LLC ("GG") by and through undersignedcounsel,and pursuant to Florida Rule ofCivil Procedure 1.190, hereby files its Motion for Leave to Amend its Answer and Affirmative Defenses and File Crossclaim, and in support states: 1. JOY This case stems from Plaintiff, FURER' S ("Plaintiff'), related allegedinjuries to a negligentsecurityclaim. 2. On August 31, 2021, Plaintiff filed a Complaint in this action allegingnegligence. 3 On February 2,2022, Plaintiff filed an Amended Complaint,adding DESIGNED VR, PRO ("Designed VR") as a party defendant. 4. On February 21, 2022, GG filed its Answer and Affirmative Defenses to Plaintiff's Amended Complaint. 5. On March 18, 2022, Designed VR filed its Answer and Affirmative Defenses to Plaintiff' s Amended Complaint. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2023 02:05:21 PM.**** 6. On April 18, 2022, Plaintiff filed her Second Amended Complaint adding RELAXPRO, LLC ("RelaxPro") as a party defendant, and removing Designed VR as a party defendant. 7. On May 6,2022, RelaxPro filed its Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint. 8 On May 17, 2022, GG filed its Answer and Affirmative Defenses to Plaintiff' s Second Amended Complaint. 9- Plaintiff's Second Amended Complaint allegesnegligence against GG for the alleged failure to provide adequate securityfor its invitees and the public,failure to warn its invitees and the publicof the nature and character of its premiseswhen it knew or in the exercise of reasonable care should have known that multiple criminal incidents had occurred on or nearby to Defendant's premises priorto the subjectincident,failure to warn, protect, guard, and secure the safetyof its invitees and of the public,failure to police,patrol,guard, deter, and otherwise provide adequate protectionsfor its invitees and the public,failure to hire and/or retain adequate securitypersonnel to patroland/or monitor the premises,failure to have a sufficient number of guards in visible areas to deter crime, failure to have an adequate number of securityguards to protect its invitees and the public,failure to hire and/or retain competent security guards to protect its invitees,failure to properlytrain securityguards to be reasonably skillful, competent, and/or qualifiedto exercise appropriateand proper securitymeasures so that they could protect its tenants, invitees,and the public,failure to provide proper and sufficient lightingfor the premises,failure to have functional surveillance cameras throughoutthe premises,failure an adequatenumber of surveillance cameras at the premises and the surrounding areas, includingbut not limited to the area of the premises where the subjectincident occurred, failure to positionsurveillance cameras 2 in appropriatelocations such that the premises and surroundingareas where the subjectincident occurred were monitored and/or said cameras would act as a deterrent againstcriminal activity, failure to have and/or maintain surveillance cameras in working condition such that every camera was in its line of view, failure to implement adequate security able to monitor and record activity securitymeasures, and securityprocedures necessary to protect invitees and the public, policies, failure to take additional securitymeasures after being put on notice that the securitymeasures in force were inadequate,failure to adequatelyprovide an overall securityplan that would meet the known industrystandards and customs for safetyin the community, failure to provide a safe area where invitees,includingPlaintiff, could access their vehicle in a well-lit area, forcinginvitees to park their vehicles in a dark area where crime would go undetected, and failure to ensure that the management company with control over the property instituted reasonable securitymeasure to keep invitees safe on the property. See Complaint at 7 17. 10. Plaintiff's Second Amended Complaint allegesnegligenceagainstRelaxPro for the alleged failure to provide adequate securityfor its invitees and the public, failure to warn its invitees and the publicof the nature and character of its premises when it knew or in the exercise of reasonable care should have known that multiplecriminal incidents had occurred on or nearby to Defendant's premises priorto the subjectincident,failure to warn, protect, guard, and secure guard, deter, and otherwise the safetyof its invitees and of the public,failure to police,patrol, provide adequate protectionsfor its invitees and the public,failure to hire and/or retain adequate securitypersonnel to patroland/or monitor the premises,failure to have a sufficient number of guards in visible areas to deter crime, failure to have an adequate number of securityguards to protect its invitees and the public,failure to hire and/or retain competent securityguards to protect its invitees,failure to properlytrain securityguards to be reasonably skillful, competent, and/or 3 and proper securitymeasures so to exercise appropriate qualified that they could protect its tenants, invitees,and the public,failure to provide proper and sufficient lightingfor the premises,failure to have functional surveillance cameras throughout the premises, failure an adequate number of surveillance cameras at the premises and the surrounding areas, includingbut not limited to the area of the premises where the subjectincident occurred, failure to positionsurveillance cameras in appropriatelocations such that the premises and surrounding areas where the subjectincident occurred were monitored and/or said cameras would act as a deterrent againstcriminal activity, failure to have and/or maintain surveillance cameras in working condition such that every camera was able to monitor and record activity in its line of view, failure to implement adequate security securitymeasures, and securityproceduresnecessary policies, to protect invitees and the public, failure to take additional securitymeasures after being put on notice that the securitymeasures in force were inadequate,failure to adequatelyprovide an overall securityplan that would meet the known industrystandards and customs for safetyin the community, failure to provide a safe area where invitees,includingPlaintiff, could access their vehicle in a well-lit area, and forcinginvitees to park their vehicles in a dark area where crime would go undetected. See Complaint at 7 29. 11. According to the Owner Agreement between GG and RelaxPro, RelaxPro is requiredto hold harmless and indemnify GG pursuant to the Owner Agreement for all loss or damage suffered by GG related to RelaxPro's failure to comply with the terms of the Owner Agreement. 12. The Owner Agreement provides,in pertinent: Owner exclusivelyauthorizes Relaxpro LLC DBA DesignedVR to act as vacation rental property manager on behalf of Owner and provide services for the marketing, care,management and occupancy of the Unit to the public for rent (and not other rental manager or agent).... 4 LIABILITY AND INSURANCE A. AGENT LIABILITY: . Relaxpro LLC DBA DesignedVR will hold harmless and indemnify Owner . . against all loss or damage suffered by Owner related to Relaxpro LLC DBA Designed VR's failure to comply with the terms ofthis Agreement..... 13. By this Motion, Defendant GG moves for leave to assert a crossclaim of Contractual Indemnification againstRelaxPro. This Motion is being asserted timely,and does not prejudicethe opposing party or create an inequityor undue hardship of any party. 14. It is well-established tenant of Florida law that there is liberality with respect to amending pleadings,and "leave to amend should be freelygiven when justiceso requires." Mutual of Omaha Insurance Company v. Gold, 795 So.2d 119 (Fla.5th DCA 2001); see also Tolbert v. CSX Transp.,590 So. 2d 543 (Fla.2d DCA 1991). 15. It is publicpolicy in Florida to freelyallow amendments to pleadings so cases may be resolved on their merits. Colandrea v. King, 661 So. 2d 1250 (Fla.2d DCA 1995) (reversing trial was entitled to court and holding that plaintiff amend her complaint even after the statute of limitations period had expired). 16. A copy of Defendant GG's Amended Answer and Affirmative Defenses and Crossclaim is attached hereto as Exhibit A. 17. This Motion is not being brought for purposes of prejudiceor delay,and will not serve to prejudiceany party. Further it is essential to allow this amendment and presentation on the merits will be more effectivelyexpedited.See Garrett v. Oak Hall Club, 118 So. 2d 633 (Fla. 1960). WHEREFORE, for the reasons stated herein,Defendant, GG RE HOLLYWOOD BEACH 613, LLC, respectfully requests this Court enter an Order grantingDefendant leave to amend its 5 Answer and Affirmative Defenses and file a Crossclaim pursuant to the liberal amendment standard set out in Fla. R. Civ. P. 1.190 and the supportingcaselaw. DATED on this 28)th day of April,2023. ANDERSONGLENN LLP /s/.John .J. Glenn John J. Glenn, Esq. Florida Bar No.. 957860 Jglenn@asglaw.com Amanda N. Rumker, Esquire Florida Bar No.. 125580 arumker@asglaw. com 2650 North MilitaryTrail,Suite 430 Boca Raton, Florida 33431 Tel.: (561) 893-9192 Fax: (561) 893-9194 CERTIFICATE OF SERVICE I HEREBY CERTIFY thaton this 28th day of April 2023, I electronically filed the foregoing document with the Clerk of the Court using Florida Court's E-FilingPortal and certify that all counsel of record have been served via transmission of Notice of Electronic Filing generated by Florida Court E-Filing Portal or in some other authorized manner for those counsel who are not authorized to receive electronically or parties Notices of Electronic Filing. /s/.John .J. Glenn John J. Glenn, Esq. 6 Exhibit "A" IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016578 JOY FURER, Plaintiff. V GG RE HOLLYWOOD BEACH 613 LLC, and RELAXPRO, LLC, Defendants. i DEFENDANT GG RE HOLLYWOOD BEACH 613 LLC'S AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND CROSSCLAIM AGAINST RELAXPRO LLC Defendant, GG RE HOLLYWOOD BEACH 613 LLC (hereinafter"GG"),by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.140 and 1.170(g),hereby files its Amended Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint and Crossclaim againstDefendant RELAXPRO, LLC and states: ALLEGATIONS AS TO ALL COUNTS 1. Denied. 2. Denied. 3 Denied. 4. Denied. 5. Denied. 6. Denied. 7. Denied. 8 Denied. 9- Denied. 10. Denied. COUNTI NEGLIGENCE AGAINST GG RE HOLLYWOOD BEACH 613 LLC 11. Defendant re-allegesand re-avers its responses and statements contained in paragraphs 1 -10 as if fullyset forth herein. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied (a-v). 18. Denied. 19. Denied. 20. Denied. 21. Denied (a-d). 22. Denied. COUNT II NEGLIGENCE AGAINST RELAXPRO LLC 23. Count II, Negligence Against RelaxPro LLC, is not specifically pled against Defendant GG RE Hollywood Beach 613 LLC, in paragraphs 23-34 of Plaintiff's Second Amended Complaint,and are hereby accordinglydenies to the extent said are asserted allegations againstDefendant GG RE Hollywood Beach 613 LLC. Defendant denied the Plaintiff is entitled to relief in the unnumbered "WHEREFORE" paragraphsfollowingCounts I and II. 2 DEFENDANT GG'S AFFIRMATIVE DEFENSES 1. Defendant GG denies that Plaintiff's injurieswere the result o f negligenceby the Defendant GG. 2. Defendant GG states at the time and place complained of Plaintiff was guiltyof negligence,which negligencewas the legalcause of or contributed to the incident complained of, and to the extent of such negligence,the Plaintiff is barred and estopped from any recovery in this cause or, in the any recovery had must be reduced in accordance with the principles alternative, of comparative negligence pursuant to § 768.81, Fla. Stat. 3 Plaintiff knew of the existence of the alleged danger complained of in the Complaint (theexistence o f which is denied),realized and appreciated o f injuryas the possibility a result of the allegeddanger and having a reasonable opportunityto avoid it,voluntarilyexposed herself to the allegeddanger, thus wholly precluding or on a comparative basis,reducing any recovery by Plaintiff againstDefendant GG in this action. 4. Defendant GG is not responsiblefor the conduct of negligent partiesand non- RelaxPro parties, LLC and/or Plaintiff's allegedattackers,that assaulted her, and is entitled to have its if any, determined in lightof the conduct of negligentnon- proportionateshare of liability, partieswhose names may appear on the verdict form pursuant to § 768.81, Fla. Stat. and Fabre v. Marin, 623 So.2d 1182 (Fla.1993).Defendant reserves the rightto supplement and/or amend this defense after additional discovery. 5. Defendant GG affirmatively avers that the damages allegedby the Plaintiff, iftrue, were caused by the intervening, superseding,negligenceof other parties, persons, or entities, RelaxPro LLC and/or Plaintiff's alleged attackers that assaulted her, whether named in this or litigation not, over which the Defendant GG had no control,and as such, any cause of action 3 againstDefendant GG should be barred or damages should be reduced in proportionto the in accordance with § 768.81, Florida Statutes and Fabre negligenceof such third-party v. Marin, 623 So.2d 1182 (Fla.1993). As discovery is ongoing, Defendant reserves the rightto amend this affirmative defense to specifically the identify not named in this names ofthe third-parties lawsuit who proximatelycaused or contributed to Plaintiff's complained of damages. 6. Plaintiff's claims are barred, in whole or in part, because any injuriesand damages claimed in the Second Amended Complaint were the result of an independentinterveningand supersedingcause rather than any act or omission of Defendant GG. The independent,intervening and damages allegedlysustained by the Plaintiffwere,upon and supersedingcause of any injuries information and belief,an unforeseeable force of nature. 7. Defendant GG is entitled to a setoff for any and all collateral source benefits paid to, for and/or on behalf of Plaintiff or are payable or available to, for and/or on behalf of said Plaintiff. Such collateral source benefits must be deducted from the jury verdict,if any, against Defendant GG. 8 To the extent that discovery reveals the Plaintiff,at the time and place of the incident allegedin Plaintiff's Second Amended Complaint, was under the influence of alcohol or drugs,or to the extent that Plaintiff's normal faculties were impaired,or the Plaintiff had a blood alcohol level of 0.08 percent or higher,Plaintiff's claim for damages is barred pursuant to § 768.36, Fla. Stat. 9- Plaintiff's damages, if any, were not caused by the actions and/or inactions of the Defendant GG. 4 10. Defendant GG states that Plaintiff's claims are barred, in whole or in part, to the extent that she has failed to join partiesnecessary and indispensableto this action,includingthe allegedattackers that assaulted her. 11. Defendant GG states at the time and place complained of,there is no evidence that would have been followed or would and/or security any warnings,fencingor barricades,lighting, have prevented the allegedinjuryas described in the Second Amended Complaint. 12. Defendant GG states that the incident as described in the Second Amended Complaint was totallyunforeseeable to Defendant GG and, therefore,this Defendant GG had no duty or opportunityto take steps to prevent the allegedincident. 13. Plaintiff's claims are barred, in whole or in part, as Defendant GG denies having active or constructive knowledge of the dangerous conditions that allegedlycaused the subject incident and therefore could not have taken action to remedy it. 14. There was no nexus between Plaintiff' s damages and any allegednegligenceon the part of Defendant GG, and therefore,this action should fail due to the absence ofproximate cause. 15. Defendant GG states that it is not liable for the conduct of another who may have in that this Defendant caused injuryof the Plaintiff, GG had no notice of the danger involved nor an opportunityto protect againstsuch danger. 16. Defendant GG states that its knowledge of any allegeddanger was in no way superiorto that o f Plaintiff's own knowledge and, therefore,no duty to warn arose. 17. The allegedsubjectincident could not have been foreseen. 18. The incident as described in Plaintiff's Second Amended Complaint did not occur and thus was not foreseeable. with regularity, 5 19. Plaintiff failed to exercise reasonable care and and diligenceto mitigatethe injuries damages allegedin the Second Amended Complaint; as a result,any recovery by Plaintiffmust be apportionedin direct proportionto such failure to mitigatein accordance with applicablelaw. 20. To the extent that discoveryreveals that Plaintiffwas not an invitee,Defendant GG states that Plaintiff was not an invitee and, therefore,the duties owed to Plaintiff are not those as stated in the Second Amended Complaint. 21. Defendant GG states that it has no duty to protect an invitee on its property from criminal attack by a person over whom he has no control because the criminal act was not foreseeable. 22. Defendant GG states that it had no knowledge of the dangerous propensities of Plaintiff's assailants and/or attackers that allegedlyassaulted her. 23. Defendant GG states that its opportunityto protect the risk ofharm which allegedly occurred to Plaintiffin this case was entirely unexpected and quick nature lackingdue to the totally of the action by Plaintiff and the that assaulter her, and as a matter o f law the legalcause of the Plaintiff's cannot be attributed to injuries this Defendant GG. 24. To the extent that discoveryreveals that this action arose from injurysustained by a partic*antduring the commission or attemptedcommission of a forcible felony as defined in § 776.08, Fla. Stat.,and to the extent that a forcible felony is proven, Plaintiff's claims are barred pursuant to §766.085, Fla. Stat.,and Defendant GG shall be awarded its reasonable attorneys'fees as the prevailingparty. 25. Any disability, disfigurementor injuryclaims allegedby are a result of Plaintiff, apre-existingcondition or were caused by a subsequent injuryor injuriesand were not caused or aggravatedby any allegedacts of negligenceof Defendant GG or by any third parties. 6 26. The Plaintiff expressly assumed the risk incident to the activitythat she was partic*atingin at the time ofthe allegedincident,which was open and obvious. Accordingly,any claim for damages sought by the Plaintiff is either barred or reduced by the express assumption of risk o f the Plaintiff. 27. The injuryand incident complained of occurred despiteadequate and reasonable securityprecautions. RESERVATION OF RIGHT TO ASSERT DEFENSES Defendant GG allegesthat it may have additional defenses or claims available to them, of which Defendant GG is not now aware. Defendant GG reserves the rightto assert additional claims as may be revealed to be appropriate defenses or cross-claims,counterclaims,or third-party through discovery or otherwise. CROSSCLAIM AGAINST DEFENDANT RELAXPRO, LLC 1. This is an action seekingdamages in excess of$30,000, exclusive ofinterest,costs, and attorneys'fees. 2. At all times material hereto, GG is a Florida corporationauthorized to do and doing business in Broward County, Florida. 3. At all times material hereto, RelaxPro is a Florida corporationauthorized to do and doing business in Broward County, Florida. 4. Venue is proper in Broward County, Florida because it is the county in which the actions or inactions that gave rise to this matter occurred, and is the sims of the property which is the subjectofthis action. 5. GG has performed all conditions precedent to be performed by it or the conditions have occurred,been waived, or none are required. 7 1. GG entered into a written contract with RelaxPro dated , in which RelaxPro is requiredto hold harmless and indemnify GG pursuant to the Owner Agreement for all loss or damage suffered by GG RE Hollywood Beach 613 related to RelaxPro's failure to comply with the terms of the Owner Agreement. 2. The Owner Agreement provides,in pertinent: Owner exclusivelyauthorizes Relaxpro LLC DBA DesignedVR to act as vacation manager on behalf of Owner and provide services for the marketing, rental property care, management and occupancy of the Unit to the publicfor rent (and not other rental manager or agent).... LIABILITY AND INSURANCE A. AGENT LIABILITY: . Relaxpro LLC DBA DesignedVR will hold harmless and indemnify Owner . . againstall loss or damage suffered by Owner related to Relaxpro LLC DBA Designed VR's failure to comply with the terms ofthis Agreement..... 3 GG is completely and wholly without fault for Plaintiff's damages. COUNT I - CONTRACTUAL INDEMNIFICATION AGAINST RELAXPRO, LLC 1. GG restates and incorporatesby reference paragraphs 1 -3 as fullyset forth herein. 2. The Owner Agreement contains an indemnification provision,as stated above, to hold harmless and indemnify Owner againstall loss or damage suffered by Owner related to Relaxpro LLC DBA Designed VR's failure to comply with the terms of this Agreement.' .. 3 Pursuant to the Owner Agreement, RelaxPro is contractuallyobligated to indemnify GG againstany and all damages, includingthe claims by Plaintiff in the Second Amended Complaint. 4. GG has been requiredto retain undersigned counsel and pay various legalcosts and attorneys'fees in the defense of Plaintiff's action and in the prosecutionof this crossclaim. 5. GG is entitled to indemnity from RelaxPro for any amounts it may be requiredto pay Plaintiff for her allegeddamages, and all fees and costs of litigation associated with defending 8 Plaintiff's claims and prosecutingthis claim for indemnification,as it all arises out of RelaxPro's failure to perform its work, and/or negligentperformance of its work, and/or failure to supervise. 6. GG denies that it has breached any duty or other obligationto Plaintiff,or that is responsibleto her for any of the claims asserted againstGG. 7. GG hereby demands that RelaxPro indemnify and hold it harmless for the underlying claim made by Plaintiff, includingall of Plaintiff's damages, costs, and fees,as well as all damages, costs, and fees ofthe defense ofthe underlyingoperativeSecond Amended Complaint and for the prosecutionof this crossclaim. WHEREFORE, Cross-Plaintiff, GG RE HOLLYWOOD BEACH 613, LLC, demands judgment for damages, includingindemnification,interest,costs, and attorneys'fees against RELAXPRO, LLC, and all amounts it may become together with obligatedto pay to Plaintiff, such other and further relief that this Court deems justand proper. JURY DEMAND Defendant GG demands trial by jury on all issues so triable. DATED this 28 ->th day o f April,2023. ANDERSONGLENN LLP /s/.John .J. Glenn John J. Glenn, Esq. Florida Bar No.. 957860 Jglenn@asglaw.com Amanda N. Rumker, Esquire Florida Bar No.. 125580 arumker@asglaw. com 2650 North MilitaryTrail,Suite 430 Boca Raton, Florida 33431 Tel.: (561) 893-9192 Fax: (561) 893-9194 9 CERTIFICATE OF SERVICE I HEREBY CERTIFY thaton this 28th day of April 2023, I electronically filed the foregoing document with the Clerk of the Court using Florida Court's E-Filing Portal and certify that all counsel of record have been served via transmission of Notice of Electronic Filing generatedby Florida Court E-FilingPortal or in some other authorized manner for those counsel who are not authorized to receive electronically or parties Notices of Electronic Filing. /s/.John .J. Glenn John J. Glenn, Esq. 10