Preview
Filing # 99216609 E-Filed 11/20/2019 05:49:11 PM
IN THE CIRCUIT COURT 5™
JUDICIAL CIRCUIT, IN AND FOR
MARION COUNTY, FLORIDA
JESUS SANTIAGO, CASENO.: 2019-CA-2229
Plaintiff,
vs.
MICHAEL OWENS HERLONG,
Defendant.
/
REQUEST FOR ADMISSIONS
COMES NOW the Defendant, MICHAEL OWENS HERLONG, by and through the
undersigned attorney, and pursuant to Rule 1.370, Florida Rules of Civil Procedure, and requests
the Plaintiff, JESUS SANTIAGO, admit, in this action, that each of the following statements are
true:
1 Plaintiff received, and/or is entitled to receive, benefits from a collateral source, as
defined by §627.737(2) or §768.76, Fla. Stat., for medical bills alleged to have been incurred as a
result of the incident described in the Complaint.
2. Plaintiff received, and/or is entitled to receive, benefits from a collateral source, as
defined by §627.737(2) or §768.76, Fla. Stat., for loss of wages or income alleged to have been
sustained as a result of the incident described in the Complaint.
3. Plaintiff received, and/or 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.
4. Plaintiff received, and/or is entitled to receive, benefits under the Personal Injury
Protection portion of an automobile insurance policy for loss of wages ot income alleged to have
been sustained as a result of the incident described in the Complaint.
5. Plaintiff is subject to a deductible under the Personal Injury Protection portion of
an automobile insurance policy.
Electronically Filed Marion Case # 19CA002229AX 11/20/2019 05:49:11 PM6. Plaintiff received, and/or is entitled to receive, benefits pursuant to personal or
group health insurance policy, for medical bills alleged to have been incurred as a result of the
incident described in the Complaint.
7. Plaintiff received, and/or is entitled to receive, 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 incident described in the Complaint.
8. Plaintiff, at the time and place of the incident described in the Complaint, had
available a functional and operational seat belt/shoulder harness restraint system.
9. 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.
10. 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 Plaintiff.
11. This action is subject to the Florida Motor Vehicle No-Fault Law, §§627.730 -
627.7405, Fla. Stat.
12. At the time and place of the incident described in the Complaint, Defendants
complied with the provisions and security requirements set forth in §627.737(1), Fla. Stat.
13. 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 motor vehicle collision, which is the subject of this
litigation.
14. Prior to the date of the motor vehicle accident, which is the subject of this litigation,
the Plaintiff suffered from the same injuries and/or conditions for which he/she is claiming in this
matter,
15. Prior to the date of the motor vehicle accident, which is the subject of this litigation,
the Plaintiff was assigned a permanent impairment rating by a physician.
16. Prior to the date of the motor vehicle accident, which is the subject of this litigation,
the Plaintiff was involved in a motor vehicle accident in which he/she injured the same parts of
his/her body for which he/she is claiming injury in this matter.
17. Prior to the date of the motor vehicle accident, which is the subject of this litigation,
Plaintiff made a claim and/or filed a lawsuit for the same injuries and/or conditions for which
he/she is claiming in this matter.18. Subsequent to the date of the motor vehicle accident, which is the subject of this
litigation, the Plaintiff has been involved in a motor vehicle accident in which he/she injured the
same parts of his/her body for which she is claiming injury in this matter.
19. Subsequent to the date of the motor vehicle accident, which is the subject of this
litigation, the Plaintiff made a claim and/or filed a lawsuit for the same injuries and/or conditions
for which he/she is claiming in this matter.
20. | No medical provider has diagnosed the Plaintiff with a permanent injury.
21. The Plaintiff has not received a permanent impairment rating from any medical
provider.
22. Your ability to enjoy life has not been reduced as a result of the subject accident.
23. Your ability to earn a living has not been reduced as a result of the subject accident.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
electronic mail via the Court’s E-Portal to all known designated addresses for Michael J. Smith,
Esq.. MORGAN & MORGAN, P.A., Aftorneys for Plaintiff, MSmith@forthepeople.com,
ECannon@forthepeople.com thisQ0 day of November 2019.
CAMERON, HODGES. COLEMAN,
LaPOINTE & WRIGHT, P.A.
Florida Bar No. 993141
CHRISTOPHER C, COLEMAN, ESQ.
Florida Bar No. 0716359
1820 SE 18th Avenue
Ocala, Florida 34471
Phone (352) 351-1119 (al)
Fax (352) 35}-0151
Designated Electronic Mail:
Servicevww@cameronhodges3.com
Attorney for Defendant
Preview
Filing # 99216609 E-Filed 11/20/2019 05:49:11 PM IN THE CIRCUIT COURT 5™ JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA JESUS SANTIAGO, CASENO.: 2019-CA-2229 Plaintiff, vs. MICHAEL OWENS HERLONG, Defendant. / REQUEST FOR ADMISSIONS COMES NOW the Defendant, MICHAEL OWENS HERLONG, by and through the undersigned attorney, and pursuant to Rule 1.370, Florida Rules of Civil Procedure, and requests the Plaintiff, JESUS SANTIAGO, admit, in this action, that each of the following statements are true: 1 Plaintiff received, and/or is entitled to receive, benefits from a collateral source, as defined by §627.737(2) or §768.76, Fla. Stat., for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 2. Plaintiff received, and/or is entitled to receive, benefits from a collateral source, as defined by §627.737(2) or §768.76, Fla. Stat., for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 3. Plaintiff received, and/or 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. 4. Plaintiff received, and/or is entitled to receive, benefits under the Personal Injury Protection portion of an automobile insurance policy for loss of wages ot income alleged to have been sustained as a result of the incident described in the Complaint. 5. Plaintiff is subject to a deductible under the Personal Injury Protection portion of an automobile insurance policy. Electronically Filed Marion Case # 19CA002229AX 11/20/2019 05:49:11 PM6. Plaintiff received, and/or is entitled to receive, benefits pursuant to personal or group health insurance policy, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 7. Plaintiff received, and/or is entitled to receive, 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 incident described in the Complaint. 8. Plaintiff, at the time and place of the incident described in the Complaint, had available a functional and operational seat belt/shoulder harness restraint system. 9. 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. 10. 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 Plaintiff. 11. This action is subject to the Florida Motor Vehicle No-Fault Law, §§627.730 - 627.7405, Fla. Stat. 12. At the time and place of the incident described in the Complaint, Defendants complied with the provisions and security requirements set forth in §627.737(1), Fla. Stat. 13. 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 motor vehicle collision, which is the subject of this litigation. 14. Prior to the date of the motor vehicle accident, which is the subject of this litigation, the Plaintiff suffered from the same injuries and/or conditions for which he/she is claiming in this matter, 15. Prior to the date of the motor vehicle accident, which is the subject of this litigation, the Plaintiff was assigned a permanent impairment rating by a physician. 16. Prior to the date of the motor vehicle accident, which is the subject of this litigation, the Plaintiff was involved in a motor vehicle accident in which he/she injured the same parts of his/her body for which he/she is claiming injury in this matter. 17. Prior to the date of the motor vehicle accident, which is the subject of this litigation, Plaintiff made a claim and/or filed a lawsuit for the same injuries and/or conditions for which he/she is claiming in this matter.18. Subsequent to the date of the motor vehicle accident, which is the subject of this litigation, the Plaintiff has been involved in a motor vehicle accident in which he/she injured the same parts of his/her body for which she is claiming injury in this matter. 19. Subsequent to the date of the motor vehicle accident, which is the subject of this litigation, the Plaintiff made a claim and/or filed a lawsuit for the same injuries and/or conditions for which he/she is claiming in this matter. 20. | No medical provider has diagnosed the Plaintiff with a permanent injury. 21. The Plaintiff has not received a permanent impairment rating from any medical provider. 22. Your ability to enjoy life has not been reduced as a result of the subject accident. 23. Your ability to earn a living has not been reduced as a result of the subject accident. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail via the Court’s E-Portal to all known designated addresses for Michael J. Smith, Esq.. MORGAN & MORGAN, P.A., Aftorneys for Plaintiff, MSmith@forthepeople.com, ECannon@forthepeople.com thisQ0 day of November 2019. CAMERON, HODGES. COLEMAN, LaPOINTE & WRIGHT, P.A. Florida Bar No. 993141 CHRISTOPHER C, COLEMAN, ESQ. Florida Bar No. 0716359 1820 SE 18th Avenue Ocala, Florida 34471 Phone (352) 351-1119 (al) Fax (352) 35}-0151 Designated Electronic Mail: Servicevww@cameronhodges3.com Attorney for Defendant