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Filing # 175493986 E-Filed 06/16/2023 12:00:11 PM
IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
GENESIS NAVARRO, Case No.: 2020 CA 000431 ON
Plaintiff,
vs.
GABRIELLA CASTILLO,
Defendant.
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW, Gabriella Castillo (“Defendant”), by and through their undersigned counsel,
answering Plaintiff's Complaint as follows:
I. ANSWER
Without Knowledge
Without Knowledge
Admit
Admit
Deny
Deny
Deny
Without Knowledge
IL. AFFIRMATIVE DEFENSES
First Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Defendant should be awarded an offset for any and all damages awarded to Plaintiff to the
extent said damages are the result of Plaintiffs own actions or inactions.
Second Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Defendant owed no duty to Plaintiff.
Third Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Plaintiff failed to mitigate their damages, and, as such, any recovery should be accordingly
barred or reduced.
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Fourth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
it is entitled to an apportionment of damages in relation to the degree of fault, if any, of all
parties, entities, or persons (named or unnamed), pursuant to Fabre v. Marin, 623 So. 2d 1182
(Fla. 1993).
Fifth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
actions or inactions by Defendant were not the direct and proximate cause of Plaintiff’s alleged
damages. Accordingly, Plaintiff fails to state a cause of action against Defendant and their
action is barred or limited by comparative negligence.
Sixth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
the negligence of parties, named and unnamed, other than Defendant and including, but not
limited to, Plaintiff and other licensees, constitute a superseding, intervening cause, thus
relieving Defendant of liability, if any actually exists.
Seventh Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Defendant relies upon any defenses or rights it may have pursuant to Fla. Stat. 768.31 and
768.81.
Eighth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Defendant is entitled to a set-off for all sums of money recovered by or on behalf of Plaintiff
by way of settlement, judgment, or otherwise, whether recovered from a party to this action or
a non-party.
Ninth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
any damages Plaintiff may have sustained was proximately caused by third persons or entities
over whom Defendant had no control and for whose actions Defendant is not liable.
10. Tenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Plaintiff's damages were as a result of unavoidable consequences and/or acts of God.
11 Eleventh Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff's Complaint is barred by the doctrine of Estoppel.
12. Twelfth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that
Plaintiffs Complaint is barred under the doctrine of express assumption of risk. Walking a dog
without a leash is inherently dangerous, and Plaintiff waived the right to sue by failing to follow
Osceola County Ordinance 4-31(d), which requires owners not to allow their dog to run at
large on any public property.
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13 Thirteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff's claim should be limited by the doctrine of implied assumption of risk and
therefore comparative negligence principles are applicable.
14, Fourteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff's claim should be limited by the doctrine of comparative negligence principles as
applicable.
15 Fifteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiffs claims are barred by the doctrine of waiver because Plaintiff expressly and
impliedly waived her right to sue for this injury by failing to keep her dogs on a leash.
16. Sixteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff failed to join all indispensable parties.
17. Seventieth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiffs have unclean hands and therefore are barred from recovery.
18. Eighteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff's claims are barred due to the doctrine of laches.
19. Nineteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff's claims are barred under the statute of repose.
20. Twentieth Affirmative Defense: Defendant affirmatively alleges, without admitting liability,
that Plaintiff's are in pari delecto with Defendants.
21 Twenty-First_Affirmative Defense: Defendant affirmatively alleges, without admitting
liability, that Plaintiff's claims are barred by payment, accord, release and/or compromise and
settlement.
22. Twenty-Second Affirmative Defense: Defendant affirmatively alleges, without admitting
liability, that the defense of spoliation of evidence is applicable to this case.
Demand for Jury Trial
Defendant demands a trial by Jury on all issues so triable.
WHEREFORE, the Defendant requests an Order of this Court dismissing the Complaint and
for all such and further relief deemed just and appropriate.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date of filing to the E-Portal, the foregoing was mailed
via U.S Mail to the following:
Genesis Navarro
605 Redwood Ct.
Kissimmee, FL 34743
/s/ David M. Chico
David M. Chico, Esq. — FBN: 010318
Benjamin Weissman, Esq. — FBN: 120770
DAVID CHICO LAW GROUP
607 Celebration Avenue
Celebration, Florida 34747
(407) 933-7703 (tel.
(407) 933-7713 (fax)
serve@davidchicolaw.com (service email)
All other inquiries: tanya@davidchicolaw.com
Defense Counsel
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Preview
Filing # 175493986 E-Filed 06/16/2023 12:00:11 PM IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA GENESIS NAVARRO, Case No.: 2020 CA 000431 ON Plaintiff, vs. GABRIELLA CASTILLO, Defendant. DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Gabriella Castillo (“Defendant”), by and through their undersigned counsel, answering Plaintiff's Complaint as follows: I. ANSWER Without Knowledge Without Knowledge Admit Admit Deny Deny Deny Without Knowledge IL. AFFIRMATIVE DEFENSES First Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Defendant should be awarded an offset for any and all damages awarded to Plaintiff to the extent said damages are the result of Plaintiffs own actions or inactions. Second Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Defendant owed no duty to Plaintiff. Third Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff failed to mitigate their damages, and, as such, any recovery should be accordingly barred or reduced. Page | of4 Fourth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that it is entitled to an apportionment of damages in relation to the degree of fault, if any, of all parties, entities, or persons (named or unnamed), pursuant to Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993). Fifth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that actions or inactions by Defendant were not the direct and proximate cause of Plaintiff’s alleged damages. Accordingly, Plaintiff fails to state a cause of action against Defendant and their action is barred or limited by comparative negligence. Sixth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that the negligence of parties, named and unnamed, other than Defendant and including, but not limited to, Plaintiff and other licensees, constitute a superseding, intervening cause, thus relieving Defendant of liability, if any actually exists. Seventh Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Defendant relies upon any defenses or rights it may have pursuant to Fla. Stat. 768.31 and 768.81. Eighth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Defendant is entitled to a set-off for all sums of money recovered by or on behalf of Plaintiff by way of settlement, judgment, or otherwise, whether recovered from a party to this action or a non-party. Ninth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that any damages Plaintiff may have sustained was proximately caused by third persons or entities over whom Defendant had no control and for whose actions Defendant is not liable. 10. Tenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's damages were as a result of unavoidable consequences and/or acts of God. 11 Eleventh Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's Complaint is barred by the doctrine of Estoppel. 12. Twelfth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiffs Complaint is barred under the doctrine of express assumption of risk. Walking a dog without a leash is inherently dangerous, and Plaintiff waived the right to sue by failing to follow Osceola County Ordinance 4-31(d), which requires owners not to allow their dog to run at large on any public property. Page 2 of4 13 Thirteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's claim should be limited by the doctrine of implied assumption of risk and therefore comparative negligence principles are applicable. 14, Fourteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's claim should be limited by the doctrine of comparative negligence principles as applicable. 15 Fifteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiffs claims are barred by the doctrine of waiver because Plaintiff expressly and impliedly waived her right to sue for this injury by failing to keep her dogs on a leash. 16. Sixteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff failed to join all indispensable parties. 17. Seventieth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiffs have unclean hands and therefore are barred from recovery. 18. Eighteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's claims are barred due to the doctrine of laches. 19. Nineteenth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's claims are barred under the statute of repose. 20. Twentieth Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's are in pari delecto with Defendants. 21 Twenty-First_Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that Plaintiff's claims are barred by payment, accord, release and/or compromise and settlement. 22. Twenty-Second Affirmative Defense: Defendant affirmatively alleges, without admitting liability, that the defense of spoliation of evidence is applicable to this case. Demand for Jury Trial Defendant demands a trial by Jury on all issues so triable. WHEREFORE, the Defendant requests an Order of this Court dismissing the Complaint and for all such and further relief deemed just and appropriate. Page 3 of4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the date of filing to the E-Portal, the foregoing was mailed via U.S Mail to the following: Genesis Navarro 605 Redwood Ct. Kissimmee, FL 34743 /s/ David M. Chico David M. Chico, Esq. — FBN: 010318 Benjamin Weissman, Esq. — FBN: 120770 DAVID CHICO LAW GROUP 607 Celebration Avenue Celebration, Florida 34747 (407) 933-7703 (tel. (407) 933-7713 (fax) serve@davidchicolaw.com (service email) All other inquiries: tanya@davidchicolaw.com Defense Counsel Page 4 of4