On October 15, 2019 a
Party Discovery
was filed
involving a dispute between
Gallant, Robin Mark,
Villalobos, Patrice B,
and
Marante, Osvaldo Monzon,
Top Trucking Corp,
for Auto Negligence
in the District Court of Broward County.
Preview
Filing # 105733941 E-Filed 04/01/2020 01:55:28 PM
IN THE CIRCUIT COURT OF THE 17™
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: CACE-19-021366
PATRICE B. VILLALOBOS, a Florida Resident
and ROBIN MARK GALLANT, a Florida Resident
Plaintiff,
vs.
TOP TRUCKING CORP. a Florida
Corporation and OSVALDO MONZON MARANTE, individually,
Defendants.
/
PLAINTIFF, PATRICE VILLALOBOS RESPONSE TO DEFENDANT TOP
TRUCKING, CORP. REQUEST FOR ADMISSIONS
Plaintiff, PATRICE VILLALOBOS, hereby Answers TOP TRUCKING CORP. Request
for Admissions in accordance with Florida Rules of Civil Procedure P.1370.
1.
You have received insurance benefits as a result of the subject accident. —
Admitted.
You are entitled to receive medical payments coverage benefits as a result of the
subject accident. — Uncertain as worded; therefore Denied.
You sustained no permanent injury as a result of the subject accident. — Denied.
No medical provider has expressed a medical opinion that you have sustained a
permanent injury as a result of the subject accident. — Denied.
You received no permanent and/or significant scarring as a result of the subject
accident. — Denied.
You did not lose any wages or income as a result of the subject accident. —
Admitted.
HALPERN | SANTOS | PINKERT
150 ALHAMBRA CIRCLE, SUITE 1100, CORAL GABLES, FL 33134
TEL. (305)445-1111 FAX (305)445-1169 TOLL FREE 1-877-529-6211 WWW.HSPTRIAL.COM
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/01/2020 01:55:27 PM.****10.
lL.
13.
14.
16.
17.
19.
20.
Your future earning capacity was not reduced or impaired as a result of the subject
accident. —Objection; Plaintiff is not making a claim for loss of wages or
earning capacity in the future.
Your ability to enjoy life has not been reduced or impaired as a result of the subject
accident. — Denied.
You had been involved in one (1) or more motor vehicle accidents prior to the
subject accident. — Objection said request is not limited in time and scope.
You sustained permanent injuries in said prior motor vehicle accident(s). —
Objection; said request calls for a legal and expert opinion.
You have been involved in one (1) or more motor vehicle accidents subsequent to
the subject accident. — Denied.
You sustained permanent injury in said subsequent motor vehicle accident(s). —
Denied.
You had been involved in one (1) or more slip and fall type or other non-motor
vehicle accidents prior to the subject accident. — Objection; said request is not
limited in time and scope.
You sustained permanent injuries in the prior slip and fall type or other non-motor
vehicle type accident(s). - Objection; said request is not limited in time and
scope and calls for a legal conclusion.
You have been involved in one (1) or more slip and fall type or other non-motor
vehicle accidents subsequent to the subject accident. — Admitted Patrice
Villalobos was involved in a non-motor vehicle accident. Denied Patrice
Villalobos was involved in slip and fall type accident.
You sustained permanent injures in the subsequent slip and fall type or other non-
motor vehicle accident(s). — Denied.
Some or all of the injuries you are claiming damages for in this matter preexisted
the subject accident. — Uncertain as worded; therefore Denied.
You have prior felony conviction. — Denied.
You have prior conviction involving dishonesty or false statement. — Denied.
You have ‘turned down work you were physically able to perform since the date of
the subject accident. — Admitted.
HALPERN | SANTOS | PINKERT
150 ALHAMBRA CIRCLE, SUITE 1100, CORAL GABLES, FL 33134
TEL. (305)445-1111 FAX (305)445-1169 TOLL FREE 1-877-529-6211 WWW.HSPTRIAL.COM21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
You are presently physically able to perform numerous light duty tasks. —
Objection as worded.
You are presently able to perform all of the tasks you were able to perform prior to
the subject accident. — Objection; said request is vague and overbroad.
Your current employer is willing to pay you as if you had not been injured. — N/A
Your normal faculties were impaired at the time of the subject accident. — Denied.
You had been drinking alcohol and/or taking drugs/medications within six (6) hours
of the subject accident. - Denied as to alcohol and drugs. Admitted as to
medication. Defendant is referred to Plaintiff’s Answers to Interrogatories.
On the date of the subject incident, you had a duty to use reasonable care for your
own safety. — Objection; calls for a legal conclusion.
You had a cellular phone in your possession at the time of the subject accident. —
Admitted.
You were using in some manner a cellular phone at the time of the subject accident.
— Objection; said request is vague, overbroad and not reasonably calculated
to lead to admissible evidence.
Your injuries claimed in this case are preexisting injuries. - Objection; said
request calls for a medico-legal conclusion.
You are a Medicare beneficiary or are Medicare eligible as defined by the Medicare
Secondary Payer Statute. — Admitted.
WE HEREBY CERTIFY that on 1* day of April, 2020, a true and correct copy of the foregoing
document was filed with the Clerk of Court using the Florida Courts e-Filing Portal which will send
an automatic e-mail message to all parties who have registered with the e-Filing Portal.
HALPERN, SANTOS & PINKERT, P.A.
150 Alhambra Circle - Suite 1100
Coral Gables, FL 33134
Phone: (305) 445-1111
Fax: (305) 445-1169
Email: ernesto@hsptrial.com
By: s/Ernesto L. Santos, Jr., Esquire
ERNESTO L. SANTOS, JR., ESQUIRE
Florida Bar No.: 17023
HALPERN | SANTOS | PINKERT
150 ALHAMBRA CIRCLE, SUITE 1100, CORAL GABLES, FL 33134
TEL. (305)445-1111 FAX (305)445-1169 TOLL FREE 1-877-529-6211 WWW.HSPTRIAL.COM
Document Filed Date
April 01, 2020
Case Filing Date
October 15, 2019
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Preview
Filing # 105733941 E-Filed 04/01/2020 01:55:28 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CACE-19-021366 PATRICE B. VILLALOBOS, a Florida Resident and ROBIN MARK GALLANT, a Florida Resident Plaintiff, vs. TOP TRUCKING CORP. a Florida Corporation and OSVALDO MONZON MARANTE, individually, Defendants. / PLAINTIFF, PATRICE VILLALOBOS RESPONSE TO DEFENDANT TOP TRUCKING, CORP. REQUEST FOR ADMISSIONS Plaintiff, PATRICE VILLALOBOS, hereby Answers TOP TRUCKING CORP. Request for Admissions in accordance with Florida Rules of Civil Procedure P.1370. 1. You have received insurance benefits as a result of the subject accident. — Admitted. You are entitled to receive medical payments coverage benefits as a result of the subject accident. — Uncertain as worded; therefore Denied. You sustained no permanent injury as a result of the subject accident. — Denied. No medical provider has expressed a medical opinion that you have sustained a permanent injury as a result of the subject accident. — Denied. You received no permanent and/or significant scarring as a result of the subject accident. — Denied. You did not lose any wages or income as a result of the subject accident. — Admitted. HALPERN | SANTOS | PINKERT 150 ALHAMBRA CIRCLE, SUITE 1100, CORAL GABLES, FL 33134 TEL. (305)445-1111 FAX (305)445-1169 TOLL FREE 1-877-529-6211 WWW.HSPTRIAL.COM *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/01/2020 01:55:27 PM.****10. lL. 13. 14. 16. 17. 19. 20. Your future earning capacity was not reduced or impaired as a result of the subject accident. —Objection; Plaintiff is not making a claim for loss of wages or earning capacity in the future. Your ability to enjoy life has not been reduced or impaired as a result of the subject accident. — Denied. You had been involved in one (1) or more motor vehicle accidents prior to the subject accident. — Objection said request is not limited in time and scope. You sustained permanent injuries in said prior motor vehicle accident(s). — Objection; said request calls for a legal and expert opinion. You have been involved in one (1) or more motor vehicle accidents subsequent to the subject accident. — Denied. You sustained permanent injury in said subsequent motor vehicle accident(s). — Denied. You had been involved in one (1) or more slip and fall type or other non-motor vehicle accidents prior to the subject accident. — Objection; said request is not limited in time and scope. You sustained permanent injuries in the prior slip and fall type or other non-motor vehicle type accident(s). - Objection; said request is not limited in time and scope and calls for a legal conclusion. You have been involved in one (1) or more slip and fall type or other non-motor vehicle accidents subsequent to the subject accident. — Admitted Patrice Villalobos was involved in a non-motor vehicle accident. Denied Patrice Villalobos was involved in slip and fall type accident. You sustained permanent injures in the subsequent slip and fall type or other non- motor vehicle accident(s). — Denied. Some or all of the injuries you are claiming damages for in this matter preexisted the subject accident. — Uncertain as worded; therefore Denied. You have prior felony conviction. — Denied. You have prior conviction involving dishonesty or false statement. — Denied. You have ‘turned down work you were physically able to perform since the date of the subject accident. — Admitted. HALPERN | SANTOS | PINKERT 150 ALHAMBRA CIRCLE, SUITE 1100, CORAL GABLES, FL 33134 TEL. (305)445-1111 FAX (305)445-1169 TOLL FREE 1-877-529-6211 WWW.HSPTRIAL.COM21. 22. 23. 24. 25. 26. 27. 28. 29. 30. You are presently physically able to perform numerous light duty tasks. — Objection as worded. You are presently able to perform all of the tasks you were able to perform prior to the subject accident. — Objection; said request is vague and overbroad. Your current employer is willing to pay you as if you had not been injured. — N/A Your normal faculties were impaired at the time of the subject accident. — Denied. You had been drinking alcohol and/or taking drugs/medications within six (6) hours of the subject accident. - Denied as to alcohol and drugs. Admitted as to medication. Defendant is referred to Plaintiff’s Answers to Interrogatories. On the date of the subject incident, you had a duty to use reasonable care for your own safety. — Objection; calls for a legal conclusion. You had a cellular phone in your possession at the time of the subject accident. — Admitted. You were using in some manner a cellular phone at the time of the subject accident. — Objection; said request is vague, overbroad and not reasonably calculated to lead to admissible evidence. Your injuries claimed in this case are preexisting injuries. - Objection; said request calls for a medico-legal conclusion. You are a Medicare beneficiary or are Medicare eligible as defined by the Medicare Secondary Payer Statute. — Admitted. WE HEREBY CERTIFY that on 1* day of April, 2020, a true and correct copy of the foregoing document was filed with the Clerk of Court using the Florida Courts e-Filing Portal which will send an automatic e-mail message to all parties who have registered with the e-Filing Portal. HALPERN, SANTOS & PINKERT, P.A. 150 Alhambra Circle - Suite 1100 Coral Gables, FL 33134 Phone: (305) 445-1111 Fax: (305) 445-1169 Email: ernesto@hsptrial.com By: s/Ernesto L. Santos, Jr., Esquire ERNESTO L. SANTOS, JR., ESQUIRE Florida Bar No.: 17023 HALPERN | SANTOS | PINKERT 150 ALHAMBRA CIRCLE, SUITE 1100, CORAL GABLES, FL 33134 TEL. (305)445-1111 FAX (305)445-1169 TOLL FREE 1-877-529-6211 WWW.HSPTRIAL.COM