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Filing # 135661113 E-Filed 09/30/2021 01:25:38 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
HEATHER GRANT,
Plaintiff,
V
CASE NO: CACE21009583 (21)
FRANCISCO GABRIEL VAILLO, DAVID CIVIL DIVISION
VADILLO AND LYFT, INC.,
Defendants,
i
V
FRANCISCO GABRIEL VADILLO,
Counter-Plaintiff,
V
HEATHER GRANT,
Counter-Defendant.
i
REQUEST FOR ADMISSIONS TO COUNTER-PLAINTIFF,FRANCISCO
GABRIEL VADILLO
Counter-Defendant, HEATHER GRANT, by and through the undersigned counsel,
pursuant to Florida Rule of Civil Procedure 1.370, request the Counter-Plaintiff, FRANCISCO
GABRIEL VADILLO, to admit in this action, that each of the following statements are true:
1. Counter-Plaintiffreceived benefits from a collateral source, as defined by Florida
Statute 627.736 or Florida Statute 768.76, for medical bills alleged to have been incurred as a result
of the incidentdescribed in the Complaint.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2021 01:25:37 PM.****
Case No: CACE21009583 (21)
2. Counter-Plaintiffis entitled to receive benefits from a collateral source, as defined
by Florida Statute 627.736 of Florida Statute 768.76, for medical bills alleged to have been
incurred as a result of the incident described in the Complaint.
3 Counter-Plaintiffreceived benefits from a collateral source, as defined by Florida
Statute 627.736 or Florida Statute 768.76, for loss of wages or income, alleged to have been
sustained as a result of the incident described in the Complaint.
4. Counter-Plaintiffis entitled to receive benefits from a collateral source, as defined
by Florida Statute 627.736 or Florida Statute 768.76, for loss of wages or income, alleged to have
been sustained as a result of the incident described in the Complaint.
5. Counter-Plaintiffreceived benefits under the Personal Injury Protection portion of
an automobile policy for medical bills alleged to have been incurred as a result of the incident
described in the Complaint.
6. Counter-Plaintiffis entitled to receive benefits under the Personal Injury Protection
portion of an automobile policy for medical bills alleged to have been incurred as a result of the
incident described in the Complaint.
7. Counter-Plaintiffreceived benefits under the Personal Injury Protection portion of
the automobile insurance policy for loss of wages or income alleged to have been sustained as a
result of the incident described in the Complaint.
8 Counter-Plaintiffis entitled to receive benefits under the Personal Injury Protection
portion of the automobile insurance policy for loss of wages or income alleged to have been
sustained as a result of the incident described in the Complaint.
Case No: CACE21009583 (21)
9- Counter-Plaintiffreceived benefits under the medical payments provisions of an
automobile insurance policy for medical bills alleged to have been incurred as a result of the
incident described in the Complaint.
10. Counter-Plaintiff is entitled to receive benefits under the medical payments
provisions of an automobile insurance policy for medical bills alleged to have been incurred as a
result of the incident described in the Complaint.
11. Counter-Plaintiffis subject to a deductible under the Personal Injury Protection
portion of an automobile insurance policy.
12. benefits pursuant to a personal or group health insurance
policy or policies, for medical bills alleged to have been incurred as a result of the incident
described in the Complaint.
13. Counter-Plaintiffis entitled to receive benefits pursuant to a personal or group
health insurance policy or policies, for medical bills alleged to have been incurred as a result of
the incident described in the Complaint.
14. Counter-Plaintiff received benefits pursuant to a personal or group wage
continuation plan or policy, for loss of wages or income alleged to have been sustained as a result
of the incidentdescribed in the Complaint.
15. Counter-Plaintiffisentitled to receive benefits pursuantto a personal or group wage
continuation plan or policy, for loss of wages or income alleged to have been sustained as a result
of the incidentdescribed in the Complaint.
16. Counter-Plaintiff, at the time and place ofthe incident described in the Complaint,
had available a functional and operational seat belt/shoulder harness restraint system.
Case No: CACE21009583 (21)
17. Counter-Plaintiff, at the time and place of the incident described in the Complaint
was not using the available functional and operational seat belt/shoulder harness restraint system.
18. Counter-Plaintiff's use of the available functional and operational seat
belt/shoulder harness restraint system, at the time and place of the incident described in the
Complaint, would have prevented or lessened the injury and damage alleged by the Counter-
Plaintiff.
19. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute
Sections 627.730 -
627.7405.
20. At the time and place of the incident described in the Complaint, Counter-Plaintiff
complied with the provisions and security requirements set forth in Florida Statute 627.733.
21. Counter-Plaintiffis an insured person under the Personal Injury Protection portion
of an automobile insurance policy which was in force on the date of the incident described in the
Complaint which provides payment of benefits of eighty (80%) percent of all reasonable and
necessary medical expenses incurred and sixty (60%) percent of loss ofincome or earning capacity
from inability to work as a result of the injury sustained from the incident described in the
Complaint to a maximum of Ten Thousand Dollars ($10,000.00).
22. As a result of the collision which is the subjective of this litigation you were not
permanently injured.
23. One or more o f your medical providers has a letter o f protection in their favor, for
your care and/or treatment, as a result of the incident which is the subject matter of the above
captioned matter.
Case No: CACE21009583 (21)
24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Counter-Plaintiffhas suffered from the same injuries and/or conditions for which he is claiming
in this matter.
25. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Counter-Plaintiffwas assigned a permanent impairmentrating by a physician.
26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Counter-Plaintiffhas been involved in a motor vehicle accident in which he injured the same parts
of his body for which he is claiming injury in this matter.
27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Counter-Plaintiffhas made a claim and/or filed a lawsuit for the same injuries and/or conditions
for which he is claiming in this matter.
28. After the date of the motor vehicle accident, which is the subject of this lawsuit,
Counter-Plaintiffhas been involved in a motor vehicle accident in which he injured the same parts
of his body for which he is claiming injury in this matter.
29. After the date of the motor vehicle accident, which is the subject of this lawsuit,
Counter-Plaintiffhas made a claim and/or filed a lawsuit for the same injuries and/or conditions
for which he is claiming in this matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on
September 30, 2021 to Douglas E. Ede, Esq., Rumberger, Kirk, &
Caldwell, P.A., Attorney for Defendant, Lyft, Inc., dede@rumberger.com;
(305) 358-5577/(305) 371-7580 (F), George L. Fernandez, Esq,
Quintairos Prieto Wood & Boyer P.A., Attorney for Defendants, Francisco Gabriel Vadillo and
David Vadillo, bfetokakis-
(305) 670-1101/(305) 670-
1101 (F), Bruce F. Silver, Esq., Silver & Silver, P.A., Attorney for Counter Plaintiff, Francisco
Gabriel Vadillo,
Case No: CACE21009583 (21)
(561) 488-3344/(561) 488-5899 (F) and Jon A. Zepnick,
Esquire, Ansel & Miller, L.L.C., Attorney for Plaintiff, Heather Grant,
Law Offices of Michael W. Carroll
Attorneys for Counter-Defendant
3230 West Commercial Blvd., Suite 400
Fort Lauderdale, FL 33309
(561) 402-8092 (Asst.)/(954) 903-6551 (Direct)
Fax: (866) 841-8921
SERVICE DESIGNATIONS:
Primary
Secondary:
Af7
By-
LISA B. SILVERMAN, ESQUIRE
Florida Bar No. 68784
"Salaried EmployeesofProgressive Casualty Imurance Company"
Preview
Filing # 135661113 E-Filed 09/30/2021 01:25:38 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA HEATHER GRANT, Plaintiff, V CASE NO: CACE21009583 (21) FRANCISCO GABRIEL VAILLO, DAVID CIVIL DIVISION VADILLO AND LYFT, INC., Defendants, i V FRANCISCO GABRIEL VADILLO, Counter-Plaintiff, V HEATHER GRANT, Counter-Defendant. i REQUEST FOR ADMISSIONS TO COUNTER-PLAINTIFF,FRANCISCO GABRIEL VADILLO Counter-Defendant, HEATHER GRANT, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, request the Counter-Plaintiff, FRANCISCO GABRIEL VADILLO, to admit in this action, that each of the following statements are true: 1. Counter-Plaintiffreceived benefits from a collateral source, as defined by Florida Statute 627.736 or Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incidentdescribed in the Complaint. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2021 01:25:37 PM.**** Case No: CACE21009583 (21) 2. Counter-Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 of Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 3 Counter-Plaintiffreceived benefits from a collateral source, as defined by Florida Statute 627.736 or Florida Statute 768.76, for loss of wages or income, alleged to have been sustained as a result of the incident described in the Complaint. 4. Counter-Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 or Florida Statute 768.76, for loss of wages or income, alleged to have been sustained as a result of the incident described in the Complaint. 5. Counter-Plaintiffreceived benefits under the Personal Injury Protection portion of an automobile policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 6. Counter-Plaintiffis entitled to receive benefits under the Personal Injury Protection portion of an automobile policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 7. Counter-Plaintiffreceived benefits under the Personal Injury Protection portion of the automobile insurance policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 8 Counter-Plaintiffis entitled to receive benefits under the Personal Injury Protection portion of the automobile insurance policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. Case No: CACE21009583 (21) 9- Counter-Plaintiffreceived benefits under the medical payments provisions of an automobile insurance policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 10. Counter-Plaintiff is entitled to receive benefits under the medical payments provisions of an automobile insurance policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 11. Counter-Plaintiffis subject to a deductible under the Personal Injury Protection portion of an automobile insurance policy. 12. benefits pursuant to a personal or group health insurance policy or policies, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 13. Counter-Plaintiffis entitled to receive benefits pursuant to a personal or group health insurance policy or policies, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 14. Counter-Plaintiff received benefits pursuant to a personal or group wage continuation plan or policy, for loss of wages or income alleged to have been sustained as a result of the incidentdescribed in the Complaint. 15. Counter-Plaintiffisentitled to receive benefits pursuantto a personal or group wage continuation plan or policy, for loss of wages or income alleged to have been sustained as a result of the incidentdescribed in the Complaint. 16. Counter-Plaintiff, at the time and place ofthe incident described in the Complaint, had available a functional and operational seat belt/shoulder harness restraint system. Case No: CACE21009583 (21) 17. Counter-Plaintiff, at the time and place of the incident described in the Complaint was not using the available functional and operational seat belt/shoulder harness restraint system. 18. Counter-Plaintiff's use of the available functional and operational seat belt/shoulder harness restraint system, at the time and place of the incident described in the Complaint, would have prevented or lessened the injury and damage alleged by the Counter- Plaintiff. 19. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute Sections 627.730 - 627.7405. 20. At the time and place of the incident described in the Complaint, Counter-Plaintiff complied with the provisions and security requirements set forth in Florida Statute 627.733. 21. Counter-Plaintiffis an insured person under the Personal Injury Protection portion of an automobile insurance policy which was in force on the date of the incident described in the Complaint which provides payment of benefits of eighty (80%) percent of all reasonable and necessary medical expenses incurred and sixty (60%) percent of loss ofincome or earning capacity from inability to work as a result of the injury sustained from the incident described in the Complaint to a maximum of Ten Thousand Dollars ($10,000.00). 22. As a result of the collision which is the subjective of this litigation you were not permanently injured. 23. One or more o f your medical providers has a letter o f protection in their favor, for your care and/or treatment, as a result of the incident which is the subject matter of the above captioned matter. Case No: CACE21009583 (21) 24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Counter-Plaintiffhas suffered from the same injuries and/or conditions for which he is claiming in this matter. 25. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Counter-Plaintiffwas assigned a permanent impairmentrating by a physician. 26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Counter-Plaintiffhas been involved in a motor vehicle accident in which he injured the same parts of his body for which he is claiming injury in this matter. 27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Counter-Plaintiffhas made a claim and/or filed a lawsuit for the same injuries and/or conditions for which he is claiming in this matter. 28. After the date of the motor vehicle accident, which is the subject of this lawsuit, Counter-Plaintiffhas been involved in a motor vehicle accident in which he injured the same parts of his body for which he is claiming injury in this matter. 29. After the date of the motor vehicle accident, which is the subject of this lawsuit, Counter-Plaintiffhas made a claim and/or filed a lawsuit for the same injuries and/or conditions for which he is claiming in this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Mail on September 30, 2021 to Douglas E. Ede, Esq., Rumberger, Kirk, & Caldwell, P.A., Attorney for Defendant, Lyft, Inc., dede@rumberger.com; (305) 358-5577/(305) 371-7580 (F), George L. Fernandez, Esq, Quintairos Prieto Wood & Boyer P.A., Attorney for Defendants, Francisco Gabriel Vadillo and David Vadillo, bfetokakis- (305) 670-1101/(305) 670- 1101 (F), Bruce F. Silver, Esq., Silver & Silver, P.A., Attorney for Counter Plaintiff, Francisco Gabriel Vadillo, Case No: CACE21009583 (21) (561) 488-3344/(561) 488-5899 (F) and Jon A. Zepnick, Esquire, Ansel & Miller, L.L.C., Attorney for Plaintiff, Heather Grant, Law Offices of Michael W. Carroll Attorneys for Counter-Defendant 3230 West Commercial Blvd., Suite 400 Fort Lauderdale, FL 33309 (561) 402-8092 (Asst.)/(954) 903-6551 (Direct) Fax: (866) 841-8921 SERVICE DESIGNATIONS: Primary Secondary: Af7 By- LISA B. SILVERMAN, ESQUIRE Florida Bar No. 68784 "Salaried EmployeesofProgressive Casualty Imurance Company"