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Filing # 135210644 E-Filed 09/23/2021 04:33:53 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JESSICA NICOLE GREGORY,
Plaintiff,
V
CASE NO: CACE21008836 (21)
KELSEY MESALIEN and PROGRESSIVE
CIVIL DIVISION
SELECT INSURANCE COMPANY,
Defendants.
i
REQUEST FOR ADMISSIONS TO PLAINTIFF, JESSICA NICOLE GREGORY
Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by and through the
undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests the Plaintiff,
JESSICA NICOLE GREGORY, to admit in this action, that each of the following statements are
true:
1.
Plaintiff received benefits from a collateral source, as defined by Florida
Statute 627.736 or Florida Statute 768.76, for medical bills allegedto have been incurred as a result
of the incidentdescribed in the Complaint.
2.
Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida
Statute 627.736 ofFloridaStatute 768.76, for medical bills allegedto have been incurred as a result
of the incidentdescribed in the Complaint.
3
Plaintiff received 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.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2021 04:33:53 PM.****
Case No: CACE21008836 (21)
4.
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.
Plaintiff received 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.
Plaintiff is 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.
Plaintiff received benefits under the Personal Injury Protection portion of the
automobile insurance policy for loss ofwages or income alleged to have been sustained as a result
of the incidentdescribed in the Complaint.
8
Plaintiff is 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.
9-
Plaintiffreceivedbenefits under the medicalpaymentsprovisions of an automobile
insurance policy for medical bills allegedto have been incurred as a result ofthe incident described
in the Complaint.
10.
Plaintiff is entitled to receive benefits under the medical paymentsprovisions of an
automobile insurance policy for medical bills alleged to have been incurred as a result of the
incident described in the Complaint.
11.
Plaintiff is subject to a deductible under the Personal Injury Protection portion of
an automobile insurance policy.
Case No: CACE21008836 (21)
12.
Plaintiff received benefits pursuantto 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.
Plaintiff is 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.
Plaintiff received 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 incident
described in the Complaint.
15.
Plaintiff is entitled to receive benefits pursuant to a personal or group wage
continuation plan or policy, for loss ofwages or income alleged to have been sustained as a result
of the incidentdescribed in the Complaint.
16.
Plaintiff, at the time and place of the incident described in the Complaint, had
available a functional and operationalseat belt/shoulder harnessrestraint system.
17.
Plaintiff, at the time and place of the incident described in the Complaint was not
using the available functional and operational seat belt/shoulderharness restraint system.
18.
Plaintiff'suse ofthe available functional and operationalseat 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 allegedby the 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 ofthe incidentdescribed in the Complaint, Plaintiff complied
with the provisions and security requirements set forth in Florida Statute 627.733.
Case No: CACE21008836 (21)
21.
Plaintiff is 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
necessarymedical 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 ofTen Thousand Dollars ($10,000.00).
22.
As a result of the collision which is the subjective of this litigation you were not
permanentlyinjured.
23.
One or more of your medical providers has a letter of 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.
24.
Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has suffered from the same injuries and/or conditions for which she is claiming in this
matter.
25.
Prior to the date of the motor vehicle accident, which is the subject ofthis lawsuit,
Plaintiff was assigned a permanent impairmentrating by a physician.
26.
Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has been involved in a motor vehicle accident in which she injuredthe same parts of her
body for which she is claiming injury in this matter.
27.
Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which
she is claiming in this matter.
Case No: CACE21008836 (21)
28.
After the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has been involved in a motor vehicle accident in which she injuredthe same parts of her
body for which she is claiming injury in this matter.
29.
After the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which
she 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 23, 2021 to Robert C. Solomon, Esq., Law Office of Saban &
Solomon,
Attorney
for
Plaintiff
Jessica
Nicole
Gregory,
(954) 577-2878/(954) 577-2215
(F).
Law Offices of Michael W. Carroll
Attorneys for Defendant
3230 West Commercial Blvd., Suite 400
Fort Lauderdale, FL 33309
(954) 903-6550 (Asst.)/(954) 903-6548 (Direct)
Fax: (866) 841-8921
SERVICE DESIGNATIONS:
Primary
Secondary:
LIT-51,
By-
ALEXANDRAM. TABOADA-MCGILL, ESQUIRE
Florida Bar No. 85488
"SalariedEmployeesofProgressiveCasualty Imurance Company"
Preview
Filing # 135210644 E-Filed 09/23/2021 04:33:53 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JESSICA NICOLE GREGORY, Plaintiff, V CASE NO: CACE21008836 (21) KELSEY MESALIEN and PROGRESSIVE CIVIL DIVISION SELECT INSURANCE COMPANY, Defendants. i REQUEST FOR ADMISSIONS TO PLAINTIFF, JESSICA NICOLE GREGORY Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests the Plaintiff, JESSICA NICOLE GREGORY, to admit in this action, that each of the following statements are true: 1. Plaintiff received benefits from a collateral source, as defined by Florida Statute 627.736 or Florida Statute 768.76, for medical bills allegedto have been incurred as a result of the incidentdescribed in the Complaint. 2. Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 ofFloridaStatute 768.76, for medical bills allegedto have been incurred as a result of the incidentdescribed in the Complaint. 3 Plaintiff received 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. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2021 04:33:53 PM.**** Case No: CACE21008836 (21) 4. 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. Plaintiff received 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. Plaintiff is 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. Plaintiff received benefits under the Personal Injury Protection portion of the automobile insurance policy for loss ofwages or income alleged to have been sustained as a result of the incidentdescribed in the Complaint. 8 Plaintiff is 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. 9- Plaintiffreceivedbenefits under the medicalpaymentsprovisions of an automobile insurance policy for medical bills allegedto have been incurred as a result ofthe incident described in the Complaint. 10. Plaintiff is entitled to receive benefits under the medical paymentsprovisions of an automobile insurance policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 11. Plaintiff is subject to a deductible under the Personal Injury Protection portion of an automobile insurance policy. Case No: CACE21008836 (21) 12. Plaintiff received benefits pursuantto 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. Plaintiff is 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. Plaintiff received 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 incident described in the Complaint. 15. Plaintiff is entitled to receive benefits pursuant to a personal or group wage continuation plan or policy, for loss ofwages or income alleged to have been sustained as a result of the incidentdescribed in the Complaint. 16. Plaintiff, at the time and place of the incident described in the Complaint, had available a functional and operationalseat belt/shoulder harnessrestraint system. 17. Plaintiff, at the time and place of the incident described in the Complaint was not using the available functional and operational seat belt/shoulderharness restraint system. 18. Plaintiff'suse ofthe available functional and operationalseat 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 allegedby the 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 ofthe incidentdescribed in the Complaint, Plaintiff complied with the provisions and security requirements set forth in Florida Statute 627.733. Case No: CACE21008836 (21) 21. Plaintiff is 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 necessarymedical 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 ofTen Thousand Dollars ($10,000.00). 22. As a result of the collision which is the subjective of this litigation you were not permanentlyinjured. 23. One or more of your medical providers has a letter of 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. 24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has suffered from the same injuries and/or conditions for which she is claiming in this matter. 25. Prior to the date of the motor vehicle accident, which is the subject ofthis lawsuit, Plaintiff was assigned a permanent impairmentrating by a physician. 26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has been involved in a motor vehicle accident in which she injuredthe same parts of her body for which she is claiming injury in this matter. 27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which she is claiming in this matter. Case No: CACE21008836 (21) 28. After the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has been involved in a motor vehicle accident in which she injuredthe same parts of her body for which she is claiming injury in this matter. 29. After the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which she 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 23, 2021 to Robert C. Solomon, Esq., Law Office of Saban & Solomon, Attorney for Plaintiff Jessica Nicole Gregory, (954) 577-2878/(954) 577-2215 (F). Law Offices of Michael W. Carroll Attorneys for Defendant 3230 West Commercial Blvd., Suite 400 Fort Lauderdale, FL 33309 (954) 903-6550 (Asst.)/(954) 903-6548 (Direct) Fax: (866) 841-8921 SERVICE DESIGNATIONS: Primary Secondary: LIT-51, By- ALEXANDRAM. TABOADA-MCGILL, ESQUIRE Florida Bar No. 85488 "SalariedEmployeesofProgressiveCasualty Imurance Company"