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Filing # 151174265 E-Filed 06/09/2022 12:15:30 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR LAKE COUNTY, FLORIDA
ERLENE FEDRICK, CASE NO.: 2022-CA-000754
Plaintiff,
V.
PATRICK DONALD HENES and
ARCH INSURANCE COMPANY,
Defendants.
/
DEFENDANT ARCH INSURANCE COMPANY’S FIRST REQUESTS FOR
ADMISSION TO PLAINTIFF ERLENE FEDRICK
Defendant, ARCH INSURANCE COMPANY, by and through the undersigned counsel,
and pursuant to Rule 1.370, Florida Rules of Civil Procedure, requests the Plaintiff, ERLENE
FEDRICK, to admit that each of the following statements are true:
1 At the time and place of the incident described in the Complaint, you were not
using due care.
2. At the time and place of the incident described in the Complaint, your use of due
care would have prevented the injury and/or damage alleged in the Complaint.
3 At the time and place of the incident described in the Complaint, your use of due
care would have lessened the injury and/or damage alleged in the Complaint.
4 Your failure to use due care was the cause of the incident described in the
Complaint.
5 At the time and place of the incident described in the Complaint, you caused your
vehicle to enter the path of Defendant HENES’ vehicle suddenly and without warning.
33597875.v1
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 06/09/2022 12:18:30 PM
6 Defendant ARCH INSURANCE COMPANY did not breach any duty to the
Plaintiff that was a legal cause of the injuries claimed by the Plaintiff.
7
The occurrence alleged in Plaintiffs Complaint was the fault of third parties
beyond the care, custody and control of the Defendants.
8 You did not sustain permanent injuries as a result of the subject accident.
9 You did not lose any wages or income as a result of the subject accident.
10. Your earning capacity was not reduced or impaired as a result of the subject
accident.
11. You have been involved in one (1) or more motor vehicle accidents prior to the
subject accident.
12. You have been involved in one (1) or more motor vehicle accidents subsequent to
the subject accident.
13. You have been involved in one (1) or more slip and fall or trip and fall prior to the
subject accident.
14. You have been involved in one (1) or more slip and fall or trip and fall subsequent
to the subject accident.
15. Some or all of the injuries you are claiming damages for in this matter pre-existed
the subject accident.
16. You have been involved in one (1) or more events causing physical injury to
yourself causing the need for emergency or urgent care prior to the subject accident.
17. You have been involved in one (1) or more events causing physical injury to
yourself causing the need for emergency or urgent care subsequent to the subject accident.
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18. Prior to the subject accident which is referenced in your Complaint, you sustained
an injury to the same body part(s) you are alleging to in this lawsuit.
19. You have received medical attention prior to the subject accident referenced in
your Complaint from a medical provider, including, but not limited to, chiropractor, therapist,
neurologist, orthopedic, surgeon, primary care physician or family physician for some or all of
the injuries you are claiming for in this matter.
20. One (1) or more of your prior treating physicians opined that you sustained
significant and permanent injuries as a result of your prior motor vehicle accident(s), slip and
fall(s), trip and fall(s) and/or events causing physical injury.
21. You have previously been involved in litigation where you sued someone for
damages.
22. You have previously been involved in litigation where you were sued by
someone for damages.
23. You have previously settled a claim either pre-suit or during litigation for
personal injury, and executed a release.
24. You received or are entitled to receive benefits from a collateral source, as
defined by Florida Statute 768.76, for medical bills, loss of wages or income alleged to have
been incurred as a result of the incident described in the Complaint.
25. You received or are 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.
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26. You received or are 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.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that the foregoing has been electronically filed and served via
Florida ePortal to: Devry R. Kelly, Esq., Dan Newlin Injury Attorneys, 7335 W. Sand Lake
Road, Suite 300, Orlando, FL 32819 at devry.kelley@newlinlaw.com;
patricia.croc@newlinlaw.com; devry.pleadings@newlinlaw.com; on June 09, 2022.
GOLDBERG SEGALLA, LLP
800 North Magnolia Ave., Suite 450
Orlando, FL 32803
Telephone: (407)458-5600
/s/ Troy Beecher
Troy Beecher, Esquire
Florida Bar No.: 37348
Email: theecher@goldbersegalla.com
sherndon@goldbergsegalla.com;
psouza@golbergsegalla.com
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33597875.v1
Preview
Filing # 151174265 E-Filed 06/09/2022 12:15:30 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA ERLENE FEDRICK, CASE NO.: 2022-CA-000754 Plaintiff, V. PATRICK DONALD HENES and ARCH INSURANCE COMPANY, Defendants. / DEFENDANT ARCH INSURANCE COMPANY’S FIRST REQUESTS FOR ADMISSION TO PLAINTIFF ERLENE FEDRICK Defendant, ARCH INSURANCE COMPANY, by and through the undersigned counsel, and pursuant to Rule 1.370, Florida Rules of Civil Procedure, requests the Plaintiff, ERLENE FEDRICK, to admit that each of the following statements are true: 1 At the time and place of the incident described in the Complaint, you were not using due care. 2. At the time and place of the incident described in the Complaint, your use of due care would have prevented the injury and/or damage alleged in the Complaint. 3 At the time and place of the incident described in the Complaint, your use of due care would have lessened the injury and/or damage alleged in the Complaint. 4 Your failure to use due care was the cause of the incident described in the Complaint. 5 At the time and place of the incident described in the Complaint, you caused your vehicle to enter the path of Defendant HENES’ vehicle suddenly and without warning. 33597875.v1 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 06/09/2022 12:18:30 PM 6 Defendant ARCH INSURANCE COMPANY did not breach any duty to the Plaintiff that was a legal cause of the injuries claimed by the Plaintiff. 7 The occurrence alleged in Plaintiffs Complaint was the fault of third parties beyond the care, custody and control of the Defendants. 8 You did not sustain permanent injuries as a result of the subject accident. 9 You did not lose any wages or income as a result of the subject accident. 10. Your earning capacity was not reduced or impaired as a result of the subject accident. 11. You have been involved in one (1) or more motor vehicle accidents prior to the subject accident. 12. You have been involved in one (1) or more motor vehicle accidents subsequent to the subject accident. 13. You have been involved in one (1) or more slip and fall or trip and fall prior to the subject accident. 14. You have been involved in one (1) or more slip and fall or trip and fall subsequent to the subject accident. 15. Some or all of the injuries you are claiming damages for in this matter pre-existed the subject accident. 16. You have been involved in one (1) or more events causing physical injury to yourself causing the need for emergency or urgent care prior to the subject accident. 17. You have been involved in one (1) or more events causing physical injury to yourself causing the need for emergency or urgent care subsequent to the subject accident. Page 2 of 4 33597875.v1 18. Prior to the subject accident which is referenced in your Complaint, you sustained an injury to the same body part(s) you are alleging to in this lawsuit. 19. You have received medical attention prior to the subject accident referenced in your Complaint from a medical provider, including, but not limited to, chiropractor, therapist, neurologist, orthopedic, surgeon, primary care physician or family physician for some or all of the injuries you are claiming for in this matter. 20. One (1) or more of your prior treating physicians opined that you sustained significant and permanent injuries as a result of your prior motor vehicle accident(s), slip and fall(s), trip and fall(s) and/or events causing physical injury. 21. You have previously been involved in litigation where you sued someone for damages. 22. You have previously been involved in litigation where you were sued by someone for damages. 23. You have previously settled a claim either pre-suit or during litigation for personal injury, and executed a release. 24. You received or are entitled to receive benefits from a collateral source, as defined by Florida Statute 768.76, for medical bills, loss of wages or income alleged to have been incurred as a result of the incident described in the Complaint. 25. You received or are 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. Page 3 of 4 33597875.v1 26. You received or are 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. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that the foregoing has been electronically filed and served via Florida ePortal to: Devry R. Kelly, Esq., Dan Newlin Injury Attorneys, 7335 W. Sand Lake Road, Suite 300, Orlando, FL 32819 at devry.kelley@newlinlaw.com; patricia.croc@newlinlaw.com; devry.pleadings@newlinlaw.com; on June 09, 2022. GOLDBERG SEGALLA, LLP 800 North Magnolia Ave., Suite 450 Orlando, FL 32803 Telephone: (407)458-5600 /s/ Troy Beecher Troy Beecher, Esquire Florida Bar No.: 37348 Email: theecher@goldbersegalla.com sherndon@goldbergsegalla.com; psouza@golbergsegalla.com Page 4 of 4 33597875.v1