Filing # 196119492 E-Filed 04/12/2024 04:39:33 PM
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`MIAMI-DADE COUNTY’S ANSWER TO PLAINTIFF’S SECOND AMENDED
`COMPLAINT
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
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`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
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`SILVIO MAURER,
`GENERAL JURISDICTION DIVISION
` CASE NO. 22-593 CA 01 (04)
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`Plaintiff(s),
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` v.
` ROADWAY CONSTRUCTION, LLC, DBI
`SERVICES, LLC, METRIC ENGINEERING,
`INC., COMPLETE HIGHWAY IDENTITY, INC.,
`MIAMI-DADE COUNTY, and FLORIDA
`DEPARTMENT OF TRANSPORTATION,
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`Defendant(s).
`Defendant MIAMI-DADE COUNTY, by and through undersigned counsel, and
`pursuant to Florida Rule of Civil Procedure 1.140, answers Plaintiff’s Complaint as
`follows:
`1. Defendant admits the allegations contained in Paragraphs 10 of the Complaint.
`2. Defendant is without knowledge as to the allegations contained in Paragraphs 1,
`2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22, 23, 24, 45 of the Complaint.
`3. Defendant denies the allegations in Paragraphs 14, 20, 46, 47, 48, 49, 81, 82, 83,
`and 84 of the Complaint.
`4. The allegations in paragraphs 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
`39, 40, 41, 42, 43, 44, 50, 51, 52, 53, 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
`68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 85, 86, 87, 88, 89, 90, 91, and 92 are not
`directed at this Defendant therefore a response is not required. However, to the extent
`they may be deemed directed at this defendant they are hereby denied.
`5. Defendant denies each and every allegation of the Complaint not otherwise
`herein responded to.
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`22-593 CA 01 (04)
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`DEFENSES
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`6. Miami-Dade County did not own, maintain, control, or have possession over the
`premises at issue.
`7. Miami-Dade County did not create the condition at issue.
`8. Defendant is immune as a sovereign for the acts or omissions complained of.
`9. Plaintiff’s complaint fails to state a cause of action.
`10. The injuries and damages claimed by the Plaintiff were caused by the negligence
`of the Plaintiff thereby reducing or barring Plaintiff’s damages under the doctrine of
`comparative negligence.
`11. The sole legal cause of the incident sued upon was the negligence of the
`Plaintiff, who knowingly, willfully, and voluntarily assumed the risk of the happening of
`the accident, and, therefore, the Plaintiff is not entitled to recover from the County.
`12. Plaintiff’s alleged injuries and/or damages were caused by the acts or omissions
`of unknown third party, whose actions were not under the dominion or control of
`Defendant Miami-Dade County, and the Plaintiff is therefore barred or limited in his
`recovery pursuant to Florida Statute Section 768.81.
`13. Defendant MIAMI-DADE COUNTY is entitled to a set-off from any recovery
`against it to the extent that the value of all benefits received by or paid on behalf of the
`Plaintiff from any collateral source.
`14. To the extent that Plaintiff has failed to mitigate damages, Plaintiff’s recovery, if
`any, should be reduced by that amount.
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`Page 2 of 3
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`OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
`TELEPHONE 305.375.5151
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`22-593 CA 01 (04)
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`WHEREFORE MIAMI-DADE COUNTY respectfully requests trial by jury on all issues
`so triable, and that judgment be entered in favor of MIAMI-DADE COUNTY, and for such
`other relief as this Court deems just.
`Pursuant to Florida Rule of Judicial Administration 2.516, undersigned counsel hereby
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`DESIGNATION OF E-MAIL ADDRESSES
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`designates his primary and secondary e-mail addresses for purposes of e-mail service as
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`follows:
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`Primary e-mail address: FRASTAI@miamidade.gov
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`Secondary e-mail address: Karen.moore@miamidade.gov.
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`CERTIFICATE OF SERVICE
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`GERALDINE BONZON-KEENAN
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`Attorney for Defendant MIAMI-DADE COUNTY
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`I HEREBY CERTIFY that the foregoing document has been e-mailed to all parties
`of record on April 12, 2024 to the email address(es) each has registered with the
`Florida Courts E-Filing Portal.
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`Respectfully submitted,
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`Miami-Dade County Attorney
`Stephen P. Clark Center, Suite 2810
`111 Northwest First Street
`Miami, Florida 33128-1993
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`By: /s/ Daniel Frastai
`Daniel Frastai
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`Assistant County Attorney
`Florida Bar Number 0666041
`Telephone(305) 375-5480
`Fax: (305) 375-5634
`Email:FRASTAI@miamidade.gov
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`Page 3 of 3
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`OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
`TELEPHONE 305.375.5151
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