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Filing # 132023288 E-Filed 08/04/2021 01:00:25 PM
LISA WILLIAMS IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
Plaintiff, AND FOR BROWARD COUNTY,
FLORIDA
V
CIRCUIT CIVIL DIVISION
PUBLIX SUPER MARKETS, INC.,
CASE NO.: CACE-21-010699
Defendant.
I
PLAINTIFF'S RESPONSE TO DEFENDANTS FIRST REQUEST FOR ADMISSIONS
Plaintiff, LISA WILLIAMS, by and through undersigned counsel and pursuant to Florida
Rule 1.370, responds to Defendants' First Request for Admissions directed to Plaintiff, and states
as follows:
1. ADMIT that the injuries that you claim are a result of the accident referenced in your
Complaint pre-date and pre-exist the date of the accident.
RESPONSE: Objection. This Request is inappropriatefor a request for admissions as same
seeks for Plaintiff to provide an expert opinion as to whether some components of her
injuries, if any, were created at a time before the occurrence of the subject incident, and it
". ,,
likewise fails to provide a definition for the phrase 'pre-exist. To the extent a response is
required, subject to and without waiving said objections, Plaintiff admits she complained of
bilateral shoulder pain in 2014 and Plaintiff further understandsthe injuries she is claiming
damages for in this matter were sustained as a result of the subject incident.
2. ADMIT that before the accident which is referenced in your Complaint, you sustained an
injury to the same body part(s) as the body part(s) you are alleging injury(ies) to in this lawsuit.
RESPONSE: Plaintiff objects this
Request as vague, confusing, and subject to
to
Defendant has not defined, explained, or sufficiently limited what is
,,
contemplated by the phrase sustained an injury". Subject to and without waiving said
objections, Plaintiff admits she complained of bilateral shoulder pain in or about 2014, but
this pain resolved prior to the subject incident.
3. ADMIT that you have been involved in an automobile accident which predates the incident
referenced in your Complaint either as a driver, passenger or pedestrian.
RESPONSE: Admit.
4. ADMIT that one (1) or more of your prior treating physicians opined that your sustained
significant and permanent injuries in said prior motor vehicle accident.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/04/2021 01:00:25 PM.****
RESPONSE: Plaintiff has made reasonably inquiry and the information known and ready
obtainable by the Plaintiff is insufficient to enable Plaintiff to admit or deny this request.
5. ADMIT that you have been involved in an automobile accident subsequent to the incident
referenced in your Complaint either as a driver, passenger or pedestrian.
RESPONSE: Denied.
6. ADMIT that one (1) or more of your prior treating physicians opined that you sustained
significant and permanent injuries in said subsequent motor vehicle accident.
RESPONSE: Objection. Plaintiff is without knowledge and this Request seeks for Plaintiff
to provide an expert opinion as to whether some components of her injuries, if any, were
created at a time after the occurrence of the subject incident. To the extent a response is
required, not applicable and thus denied.
7. ADMIT that you have been involved in one (1) or more slip and fall type or other non-
motor vehicle accidents prior to the subject incident.
RESPONSE: Denied.
8. ADMIT that one (1) or more of your prior treating physicians opined that you sustained
significant and permanent injuries in the prior slip and fall type or other non-motor vehicle
accident(s).
RESPONSE: Objection. Plaintiff is without knowledge and this Request seeks for Plaintiff
to provide anexpert opinion as to whether some components of her injuries, if any, were
created at a time after the occurrence of the subject incident. To the extent a response is
required, not applicable and thus denied.
9. ADMIT that you have been involved in one (1) or more slip and fall type or other non-
motor vehicle accidents subsequent to the subject incident.
RESPONSE: Denied.
10. ADMIT that one (1) or more of your prior treating physicians opined that you sustained
significant and permanent injuries in the subsequent slip and fall type or other non- motor vehicle
accident(s).
RESPONSE: Denied.
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SIMON TRIAL FIRM, ATTORNEYS AT LAW
11. ADMIT that you have been involved in any other type of accident, which pre-date the
accident in your Complaint.
RESPONSE: Objection. This Request is vague, confusing, and subject to
mischaracterization and thus denied.
12. ADMIT that you were suffering from a disability prior to the date of the accident that is
referenced in your Complaint.
RESPONSE: Objection. This is vague as to time and vague as to the phrase
Request
"disability" as same has not been defined. To the extent a Response is required, denied.
13. ADMIT that you have previously been involved in litigation where you sued someone for
daniages.
RESPONSE: Denied as phrased.
14. ADMIT that you have previously settled a claim either pre-suit or during litigation for
personal injury, and executed a release.
RESPONSE: Admit.
15. ADMIT that you have no outstanding medical bills from the accident that is referenced in
your Complaint.
RESPONSE: Denied.
16. ADMIT that you do not have lost wages as a result of the accident that is referenced in
your Complaint.
RESPONSE: Denied as
phrased. Plaintiff admits she is not making a claim for lost wages.
17. ADMIT that you do not have a loss of earning capacity as a result of the accident that is
referenced in your Complaint.
RESPONSE: Denied as
phrased. Plaintiff admits she is not making a claim for lost wages.
18. ADMIT that you do not have any out of pocket expenses as a result ofthe accident that is
referenced in your Complaint.
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SIMON TRIAL FIRM, ATTORNEYS AT LAW
RESPONSE: Denied.
19. ADMIT that you have private health insurance coverage through some source that would
provide coverage for the damages that you are seeking in this lawsuit.
RESPONSE: Denied.
20. ADMIT that you have received benefits pursuant to a personal or group health insurance
policy for medical bills alleged to have been incurred as a result of the incident described in the
Complaint.
RESPONSE: Denied.
21. ADMIT that you have received other benefits through a collateral source provider,
including but not limited to workman's compensation, social security, or Medicaid/Medicare, for
all or a portion of the damages that you allege resulted from the incident referenced in the
Complaint.
RESPONSE: Denied.
22. ADMIT that no medical provider has expressed a medical opinion that you have sustained
a permanent injury as a result of the subject accident.
RESPONSE: Denied.
23. ADMIT that you received no permanent and/or significantscarring as a result ofthe subject
accident.
RESPONSE: Denied.
24. ADMIT that you were not gainfullyemployed at the time of your subject accident.
RESPONSE: Plaintiff admits she was a stay at home mom and is not making a claim for lost
wages.
25. ADMIT that you have a prior felony conviction.
RESPONSE: Denied.
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SIMON TRIAL FIRM, ATTORNEYS AT LAW
26. ADMIT that you have a prior conviction involving dishonesty or false statement.
RESPONSE: Denied.
27. ADMIT that you have turned down work that you were physically able to perform since
the date ofthe subject accident.
RESPONSE: Denied.
28. ADMIT that your current employer is willing to pay you as if you had not been injured.
RESPONSE: Denied.
29. ADMIT that your normal physical abilities were impaired at the time of the subject
accident.
RESPONSE: Denied.
30. ADMIT that you had been drinking alcohol and/or drugs/medicationswithin six (6) hours
prior to the subject accident.
RESPONSE: Denied.
[CERTIFICATEOF SERVICE ON FOLLOWING PAGEI
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SIMON TRIAL FIRM, ATTORNEYS AT LAW
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via E-
Mail this 4h day of August, 2021 to: Kerri E. Utter, Esq., and Florence M. Andalib, Esq.,
Attorneysfor Defendant, Publix Super Markets Inc., South Florida Litigation Law Office, 6933
West Broward Blvd., Plantation, Florida 33317, Telephone: (954) 991-6485/Facsimile:(863) 284-
3327/E-mail Designation:
SIMON TRIAL FIRM
Attorneys for Plaintiff
2601 S. Bayshore Drive, Suite 1010
Miami, Florida 33133
Telephone: (305) 375-6500
Facsimile: (305) 375-0388
Email:
By: /s/ Kvle A.Quintana
RONALD M. SIMON, ESQ.
Florida Bar No.: 165262
KYLE A. QUINTANA, ESQ.
Florida Bar No- 1003110
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SIMON TRIAL FIRM, ATTORNEYS AT LAW
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Filing # 132023288 E-Filed 08/04/2021 01:00:25 PM LISA WILLIAMS IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN Plaintiff, AND FOR BROWARD COUNTY, FLORIDA V CIRCUIT CIVIL DIVISION PUBLIX SUPER MARKETS, INC., CASE NO.: CACE-21-010699 Defendant. I PLAINTIFF'S RESPONSE TO DEFENDANTS FIRST REQUEST FOR ADMISSIONS Plaintiff, LISA WILLIAMS, by and through undersigned counsel and pursuant to Florida Rule 1.370, responds to Defendants' First Request for Admissions directed to Plaintiff, and states as follows: 1. ADMIT that the injuries that you claim are a result of the accident referenced in your Complaint pre-date and pre-exist the date of the accident. RESPONSE: Objection. This Request is inappropriatefor a request for admissions as same seeks for Plaintiff to provide an expert opinion as to whether some components of her injuries, if any, were created at a time before the occurrence of the subject incident, and it ". ,, likewise fails to provide a definition for the phrase 'pre-exist. To the extent a response is required, subject to and without waiving said objections, Plaintiff admits she complained of bilateral shoulder pain in 2014 and Plaintiff further understandsthe injuries she is claiming damages for in this matter were sustained as a result of the subject incident. 2. ADMIT that before the accident which is referenced in your Complaint, you sustained an injury to the same body part(s) as the body part(s) you are alleging injury(ies) to in this lawsuit. RESPONSE: Plaintiff objects this Request as vague, confusing, and subject to to Defendant has not defined, explained, or sufficiently limited what is ,, contemplated by the phrase sustained an injury". Subject to and without waiving said objections, Plaintiff admits she complained of bilateral shoulder pain in or about 2014, but this pain resolved prior to the subject incident. 3. ADMIT that you have been involved in an automobile accident which predates the incident referenced in your Complaint either as a driver, passenger or pedestrian. RESPONSE: Admit. 4. ADMIT that one (1) or more of your prior treating physicians opined that your sustained significant and permanent injuries in said prior motor vehicle accident. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/04/2021 01:00:25 PM.**** RESPONSE: Plaintiff has made reasonably inquiry and the information known and ready obtainable by the Plaintiff is insufficient to enable Plaintiff to admit or deny this request. 5. ADMIT that you have been involved in an automobile accident subsequent to the incident referenced in your Complaint either as a driver, passenger or pedestrian. RESPONSE: Denied. 6. ADMIT that one (1) or more of your prior treating physicians opined that you sustained significant and permanent injuries in said subsequent motor vehicle accident. RESPONSE: Objection. Plaintiff is without knowledge and this Request seeks for Plaintiff to provide an expert opinion as to whether some components of her injuries, if any, were created at a time after the occurrence of the subject incident. To the extent a response is required, not applicable and thus denied. 7. ADMIT that you have been involved in one (1) or more slip and fall type or other non- motor vehicle accidents prior to the subject incident. RESPONSE: Denied. 8. ADMIT that one (1) or more of your prior treating physicians opined that you sustained significant and permanent injuries in the prior slip and fall type or other non-motor vehicle accident(s). RESPONSE: Objection. Plaintiff is without knowledge and this Request seeks for Plaintiff to provide anexpert opinion as to whether some components of her injuries, if any, were created at a time after the occurrence of the subject incident. To the extent a response is required, not applicable and thus denied. 9. ADMIT that you have been involved in one (1) or more slip and fall type or other non- motor vehicle accidents subsequent to the subject incident. RESPONSE: Denied. 10. ADMIT that one (1) or more of your prior treating physicians opined that you sustained significant and permanent injuries in the subsequent slip and fall type or other non- motor vehicle accident(s). RESPONSE: Denied. -2- SIMON TRIAL FIRM, ATTORNEYS AT LAW 11. ADMIT that you have been involved in any other type of accident, which pre-date the accident in your Complaint. RESPONSE: Objection. This Request is vague, confusing, and subject to mischaracterization and thus denied. 12. ADMIT that you were suffering from a disability prior to the date of the accident that is referenced in your Complaint. RESPONSE: Objection. This is vague as to time and vague as to the phrase Request "disability" as same has not been defined. To the extent a Response is required, denied. 13. ADMIT that you have previously been involved in litigation where you sued someone for daniages. RESPONSE: Denied as phrased. 14. ADMIT that you have previously settled a claim either pre-suit or during litigation for personal injury, and executed a release. RESPONSE: Admit. 15. ADMIT that you have no outstanding medical bills from the accident that is referenced in your Complaint. RESPONSE: Denied. 16. ADMIT that you do not have lost wages as a result of the accident that is referenced in your Complaint. RESPONSE: Denied as phrased. Plaintiff admits she is not making a claim for lost wages. 17. ADMIT that you do not have a loss of earning capacity as a result of the accident that is referenced in your Complaint. RESPONSE: Denied as phrased. Plaintiff admits she is not making a claim for lost wages. 18. ADMIT that you do not have any out of pocket expenses as a result ofthe accident that is referenced in your Complaint. -3- SIMON TRIAL FIRM, ATTORNEYS AT LAW RESPONSE: Denied. 19. ADMIT that you have private health insurance coverage through some source that would provide coverage for the damages that you are seeking in this lawsuit. RESPONSE: Denied. 20. ADMIT that you have received benefits pursuant to a personal or group health insurance policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. RESPONSE: Denied. 21. ADMIT that you have received other benefits through a collateral source provider, including but not limited to workman's compensation, social security, or Medicaid/Medicare, for all or a portion of the damages that you allege resulted from the incident referenced in the Complaint. RESPONSE: Denied. 22. ADMIT that no medical provider has expressed a medical opinion that you have sustained a permanent injury as a result of the subject accident. RESPONSE: Denied. 23. ADMIT that you received no permanent and/or significantscarring as a result ofthe subject accident. RESPONSE: Denied. 24. ADMIT that you were not gainfullyemployed at the time of your subject accident. RESPONSE: Plaintiff admits she was a stay at home mom and is not making a claim for lost wages. 25. ADMIT that you have a prior felony conviction. RESPONSE: Denied. -4- SIMON TRIAL FIRM, ATTORNEYS AT LAW 26. ADMIT that you have a prior conviction involving dishonesty or false statement. RESPONSE: Denied. 27. ADMIT that you have turned down work that you were physically able to perform since the date ofthe subject accident. RESPONSE: Denied. 28. ADMIT that your current employer is willing to pay you as if you had not been injured. RESPONSE: Denied. 29. ADMIT that your normal physical abilities were impaired at the time of the subject accident. RESPONSE: Denied. 30. ADMIT that you had been drinking alcohol and/or drugs/medicationswithin six (6) hours prior to the subject accident. RESPONSE: Denied. [CERTIFICATEOF SERVICE ON FOLLOWING PAGEI -5- SIMON TRIAL FIRM, ATTORNEYS AT LAW CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via E- Mail this 4h day of August, 2021 to: Kerri E. Utter, Esq., and Florence M. Andalib, Esq., Attorneysfor Defendant, Publix Super Markets Inc., South Florida Litigation Law Office, 6933 West Broward Blvd., Plantation, Florida 33317, Telephone: (954) 991-6485/Facsimile:(863) 284- 3327/E-mail Designation: SIMON TRIAL FIRM Attorneys for Plaintiff 2601 S. Bayshore Drive, Suite 1010 Miami, Florida 33133 Telephone: (305) 375-6500 Facsimile: (305) 375-0388 Email: By: /s/ Kvle A.Quintana RONALD M. SIMON, ESQ. Florida Bar No.: 165262 KYLE A. QUINTANA, ESQ. Florida Bar No- 1003110 -6- SIMON TRIAL FIRM, ATTORNEYS AT LAW