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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DAVID CLEGG and 

SHARON ALLEN,

Plaintiffs, CASE NO.: 4:10-cv-81-RH/WCS

v.

DEPARTMENT OF JUVENILE JUSTICE and 

GULF COAST TREATMENT CENTER, INC.,

ASHER ZASLAW, JOHANA PEREZ, 

KEITH WILLIAMS, KELBY RAMER, DONNA

BAREFOOT, LOURDES QUIRAY, and

ROBERT ELLIS,

Defendants.

______________________________________________/

DEFENDANT LOURDES QUIRAY’S ANSWER AND AFFIRMATIVE DEFENSES

Defendant LOURDES QUIRAY (“Quiray”), by and through the undersigned counsel,

hereby files this Answer and Affirmative Defenses to Plaintiff’s Amended Complaint for 

Damages and states:

1. Admitted for jurisdictional purposes only; otherwise, denied.

Jurisdiction

2. Denied.

3. Denied.

4. Admitted for jurisdictional purposes only; otherwise, denied.

5. Admitted for jurisdictional purposes only; otherwise, denied.

6. Denied.

The Parties

7. Denied.

8. Without knowledge.

9. Denied.

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10. Without knowledge.

11. Without knowledge.

12. Without knowledge.

13. Without knowledge.

14. Admitted that Dr. Quiray had a relationship with Gulf Coast Treatment Center 

whereby she provided care to residents of the Center.

15. Without knowledge.

16. Without knowledge.

17. Without knowledge.

Factual Background

18. Without knowledge.

19. Without knowledge.

20. Without knowledge.

21. Without knowledge.

22. Without knowledge.

23. Without knowledge.

24. Admitted that Dr. Quiray was acting pursuant to her relationship with Gulf Coast 

Treatment Center; otherwise, without knowledge.

25. Without knowledge.

26. Without knowledge.

27. Without knowledge.

28. Without knowledge.

29. Without knowledge.

30. Without knowledge.

31. Denied.

32. Denied.

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33. Denied.

34. Denied.

Conditions Precedent

Count I – Claims Against Gulf Center for Civil Rights 

Violations Pursuant to 42 U.S.C. § 1983

35. Without knowledge.

36. Denied.

37. Denied.

38. Denied.

39. Denied.

Count II– Claims Against Defendant Zaslaw

40. Without knowledge.

41. Without knowledge.

42. Without knowledge.

43. Without knowledge.

44. Without knowledge.

Count III– Claims Against Defendant Perez

45. Without knowledge.

46. Without knowledge.

47. Without knowledge.

Count IV– Claims Against Defendant Williams

48. Without knowledge.

49. Without knowledge.

50. Without knowledge.

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51. Without knowledge.

Count V– Claims Against Defendant Ramer

52. Without knowledge.

53. Without knowledge.

54. Without knowledge.

Count VI– Claims Against Defendant Barefoot

55. Without knowledge.

56. Without knowledge.

57. Without knowledge.

Count VII– Claims Against Defendant Quiray

58. Denied.

59. Denied.

60. Admitted that Dr. Quiray’s owed a duty of proper care when she treated Plaintiff. 

To the extent the paragraph alleges that Dr. Quiray owed Plaintiff additional duties that are not 

specified in the paragraph, denied.

61. Denied.

62. Denied.

Count VIII– Claims Against Defendant Ellis

63. Without knowledge.

64. Without knowledge.

65. Without knowledge.

66. Without knowledge.

Count IX– Claims Against Defendant Zaslaw

67. The Court has dismissed this claim; therefore, Defendant does not respond to 

paragraphs 67 through 73.

A. Direct Negligence

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74. Without knowledge.

B. Vicarious Liability Claims Against DJJ

75. Denied.

76. Denied.

77. Without knowledge.

B. Vicarious Liability Claims Against DJJ

78. Without knowledge.

79. Without knowledge.

80. Without knowledge.

81. Admitted.

Count X – Claims of Sharon Allen

82. Admitted.

83. Denied.

Defendant alleges the following defenses and reserve the right to plead additional 

defenses as may be revealed during the course of discovery. In an abundance of caution, 

Defendant alleges the following defenses, some of which may be affirmative defenses. These 

allegations are raised strictly as defenses and are not to be considered admissions of 

Defendant regarding any factual, legal, or other matter. Defendant denies all allegations not 

expressly admitted in its Answer, whether numbered or unnumbered, including without limitation 

the numbered or lettered paragraphs following the word “[w]herefore,” and any and all demands 

for judgment or any relief whatsoever.

AFFIRMATIVE DEFENSES

Such injury or damages as Plaintiffs may have sustained, if any, was solely or 

proximately caused by the acts, and or omissions of persons or entities other than these 

Defendants. Plaintiffs are, therefore, not entitled to recover damages from these Defendants in 

FIRST AFFIRMATIVE DEFENSE

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any sum or manner whatsoever, or are only entitled to recover to the extent of these 

Defendants’ comparative fault.

Defendants claim as a set off any judgment received by the Plaintiffs or any payments 

received or to be received in the future from any collateral source as permitted by Florida Law.

SECOND AFFIRMATIVE DEFENSE

The Plaintiffs were themselves guilty of negligence which was the proximate cause of 

the injuries complained of, and therefore, the damages, if any, which might be recovered by this 

action should be reduced in proportion to the amount of the Plaintiffs’ own negligence. This 

shall not be construed to admit any negligence on the part of Defendants as being the legal 

cause of the Plaintiffs’ damages or injuries.

THIRD AFFIRMATIVE DEFENSE

Defendants allege that the damages and injuries alleged to have been sustained by the 

Plaintiffs are a direct and proximate result of the Plaintiff’s own bodily function or preexisting 

condition which manifested at or before the injury complained of by the Plaintiffs, and were not 

in any way a result of, or caused by the negligence of these Defendants.

FOURTH AFFIRMATIVE DEFENSE

Defendants allege that if they are found to be at fault, and if that fault is a legal cause of 

Plaintiffs’ damages, if any, then these Defendants cannot be held liable to the Plaintiffs for any 

more than their percentage of fault pursuant to Section 768.81(3), Florida Statutes and Fabre v. 

Marin, 623 So.2d 1182 (Fla. 1993).

FIFTH AFFIRMATIVE DEFENSE

Defendants allege that any injury or damage suffered by the Plaintiffs was a result of 

actions by third parties over whom these Defendants had no control and for whom these 

Defendants are not responsible.

SIXTH AFFIRMATIVE DEFENSE

SEVENTH AFFIRMATIVE DEFENSE

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Defendants allege that any damages suffered by the Plaintiffs are the result of 

superseding, independent or intervening causes or are the result of yet unknown causes over 

which these Defendants had no control and for which they are not responsible.

Defendants allege they are not a guarantor or insurer of all possible results or 

consequences of treatment to the Plaintiff. The Defendants discharged their duty with respect 

to the Plaintiffs in a reasonable manner within the standard of care in the community and 

provided such care and treatment of the Plaintiffs which is recognized to be reasonable and 

within the standard of care under similar circumstances and conditions by other physicians in 

Leon County, Florida, or any other similar medical community.

EIGHTH AFFIRMATIVE DEFENSE

Plaintiff has failed to comply with the presuit notice requirements of section 768.81, 

Florida Statutes.

NINTH AFFIRMATIVE DEFENSE

Defendant hereby demands trial by jury on all issues for which a jury trial is permitted.

DEMAND FOR JURY TRIAL

Dated this 22nd day of September, 2010.

MICHAEL J. THOMAS

 /s/ Michael J. Thomas 

Florida Bar No.: 0897760

Pennington, Moore, Wilkinson, Bell

 & Dunbar, P.A.

215 S. Monroe Street, 2nd Floor

Tallahassee, FL 32301

Tele: 850-222-3533

Fax: 850-222-2126

mike@penningtonlaw.com

ATTORNEY FOR DEFENDANT QUIRAY

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished 

electronically this 22nd day of September, 2010 to:

KAREN A. GIEVERS, ESQ.

Karen A. Gievers, P.A.

524 E. College Avenue, Suite 2

Tallahassee, FL 32301

Tele: 850-222-1961

Fax: 850-222-2153

kgievers@karengievers.com

COUNSEL FOR PLAINTIFF

ROY D. WASSON, ESQ.

ANNABEL C. MAJEWSKI, ESQ.

Wasson & Associates

Courthouse Plaza – Suite 600

28 West Flagler Street

Miami, FL 33130

Tele: 305-666-5053

Fax: 305-666-9511

roy@wassonandassociates.com

CO-COUNSEL FOR PLAINTIFF

JOHN S. STEVENS, ESQ.

JONATHAN C. ABEL, ESQ.

Conroy, Simberg, Ganon, Krevans,

Abel, Lurvey, Morrow & Schefer

3440 Hollywood Blvd., 2nd Floor

Hollywood, FL 33021

Tele: 954-518-1400

Fax: 954-518-8640

jstevens@conroysimberg.com

jabel@conroysimberg.com

COUNSEL FOR DEFENDANTS

DEPT. OF JUVENILE JUSTICE,

GULF COAST TREATMENT CENTER, INC.,

ASHER ZASLAW, JOHANA PEREZ,

KEITH WILLIAMS, KELBY RAMER, 

DONNA BAREFOOT, and ROBERT ELLIS

MICHAEL J. THOMAS

 /s/ Michael J. Thomas

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