Filing # 50812602 E-Filed 01/05/2017 01:59:02 PM IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY CASENO.: 16012590 -AF FLORIDA BAR NO.: 651583 ELOISA SMITH as Personal Representative of the Estate of JOHN GERALD SMITH, deceased Plaintiff, : Oo ROGER WITTENBERG © Defendant COMES NOW the Defendant, ROGER SNBERG, by and through her undersigned counsel, and hereby files this her okies 1, Each and Every all Plaintiff's Complaint is hereby separately and severally denied and striot pr a OFA The aa |OHN GERALD SMITH caused and/or contributed to the tiff's Complaint and states as follows injuries that he sust a therefore, any award rendered to him should be reduced by the amount of his ¢ or the Plaintiff should not be entitled to recover at all. & Bose sMaris as Personal Representative of the Estate of JOHN GERALD SMAfEEL Shot emttied to recover as damages in tis ease any amount which represents medical expenses, lost wages, and death benefits paid or payable from personal injury protection insurance coverage or any other collateral source. FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 01/05/2017 01:59:02 PM4, ‘The Plaintiffs’ damages, if any, were caused by the negligence of third patties, the City of Delray Beach, the Florida Department of Transportation and the construction company who will be identified through discovery who put up a tarp around fencing blocking the view of the intersection, and/or any and all other thitd parties which discovery may reveal; hence the Plaintiffs cannot recover from this Defendant, for his damages, if any, against this Hefendant should be limited to the degree that their negligence contributed to the em §768.81(3), Florida Statutes, WHEREFORE, this Defendant demands trial by jury ofall inne or right, 1 HEREBY CERTIFY that a true and correct may above and foregoing was furnished by electronic mail this 5" day of January, 201 ce Garcia, Esq. Searcy, Denney, Scarola Barnhart & Shipley, PA 2139 Palm ee |, West Palm Beach, FL 33409, ROBB, MASON, COULOMBE, BU & CHARBONNET 9501 Wiles Road, Suite 207 aa,