Gunjan Nath on May 25, 2022
Tammy Lynn Sytch was legally served with the complaint on May 13 in Florida, and process servers ultimately tracked her down after learning she was detained there. They initially attempted to serve her at her New Jersey residence, but were obviously unsuccessful. The complaint has yet to get a response from Sytch.
Sytch, who does not have a valid driver’s license, was driving southbound on US 1 just north of Granada Boulevard on March 25 and failed to stop at 8:28 PM, according to the Ormond Beach Police Department’s report. According to the investigation, two witnesses said Sytch’s car was moving at a “high rate of speed” before colliding with Lasseter’s halted vehicle after Sytch failed to stop. After that, Lasseter collided with a third vehicle.
After being transported to the hospital, Lasseter died. The third vehicle’s driver and occupants were not sent to the hospital, but they all complained of neck, back, side, and head injuries. The lawsuit seeks $100,000 in “excess” damages. While Sytch has yet to respond to the lawsuit, her boyfriend Pente did so recently.
He denied any negligence on his part and demanded that Lasseter’s estate provide “strict proof” for that claim. He thereby denied he was responsible for Tammy Sytch’s actions, that he is liable for the incident, and, as one might expect, denied all of the allegations made against him. According to PWInsider.com, Pente also outlined probable litigation defenses.
*That Lasseter himself was “negligent and that his negligence would bar recovery; or, in the alternative, the decedent was negligent and that his negligence was a contributing cause of this accident and any award to Plaintiff should be reduced in accordance with the principles of comparative negligence.”
*That Pente is not responsible for any third-party involved in the incident (which would appear to be open to interpretation as to whether that third-party includes Tammy Sytch), nothing, “Defendant asserts that the Plaintiffs damages, if any, were proximately caused and/or contributed by the fault of third parties, named or unnamed, over whom this Defendant has no custody or control and therefore, this Defendant should be liable, if at all, only for his proportionate share of liability, pursuant to Florida Statutes § 768.81(3), Messmer v. Teachers Ins. Co., 588 So.2d 610 (Fla. 5th DCA 1991) and as further supported in Fabre v. State Farm Mutual Automobile Company,623 So.2d 1182 (Fla. 1993). However, at this time, such nonparties or persons are unknown to this Defendant. Pursuant to Nash v. Wells Famo,678 So.2d 1262 (Fla. 1996) this Defendant will seek amendment to identify such nonparties or persons as soon as practicable.”
*That Lasseter’s death was not caused by the incident, citing, “Defendant asserts that the Plaintiff’s claimed injury or damage were a result of a pre-existing medical condition and was unrelated to any act or omission of Defendant. “
*That Lasseter was not wearing a seat belt while driving, citing, “Defendant asserts the decedent failed to use an available and operational seat-belt or other safety equipment.”
*That the incident did not cause any new injuries to Lasseter, citing, “Defendant asserts that the incident alleged in Plaintiff’s Complaint did not cause the Plaintiff’s new injuries and/or aggravate any pre-existing conditions. Defendant reserves the right to raise such additional affirmative defenses as may be established during discovery and by the evidence in this case.”
*That the incident was caused “by an independent and/or intervening cause.”
While police records show Pente as the owner of the car Sytch was driving on March 25, Pente denied ownership in his response to the lawsuit. Pente is requesting a jury trial, as well as whatever damages the court deems appropriate from the plaintiff for filing the complaint against him, and “reserves the right to raise such additional affirmative defenses as may be established during discovery and by the evidence in this case.” This is a developing story. To get latest updates, stay tuned to Ringside News.
What do you think of this story? Let us know in the comments!
May 25, 2022 4:28 pm
Disqus Comments Loading...
