On September 30, 2022 a
Party Discovery
was filed
involving a dispute between
Augustus Evans Lanier,
and
Geico General Insurance Company,
for AUTO NEGLIGENCE CASE Division: CV-A
in the District Court of Duval County.
Preview
Filing # 164351344 E-Filed 01/09/2023 01:38:21 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-005680
DIVISION: CV-A
AUGUSTUS EVANS LANIER
Plaintiff,
vs.
GEICO GENERAL INSURANCE
COMPANY, a foreign profit corporation,
Defendants,
/
PLAINTIFF’S RESPONSE TO DEFENDANT GEICO GENERAL INSURANCE
COMPANY’S FIRST REQUEST FOR ADMISSIONS
Plaintiff, AUGUSTUS EVANS LANIER, by and through his undersigned counsel, hereby
responds to Defendant GEICO GENERAL INSURANCE COMPANY’s First Request for
Admissions, as follows:
1 At the time of the accident that is the subject of this lawsuit, the vehicle in which you
were riding had a fully operational seatbelt that was readily available for your use.
RESPONSE: Admitted.
At the time of the accident that is the subject of this lawsuit, the vehicle in which you
were riding had a fully operational shoulder harness that was readily available for your
use.
RESPONSE: Admitted.
You were not wearing a seatbelt at the time of this accident.
RESPONSE: Denied. I was wearing my seatbelt.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/10/2023 05:05:15 PM
Your failure to use a seatbelt produced or contributed to at least a portion of your claimed
injuries or damages.
RESPONSE: Denied. I was wearing my seatbelt.
Your claim is subject to the provisions of the "Florida Vehicle No-Fault Law".
RESPONSE: Admitted.
You have or had available No-Fault/PIP benefits paid or payable toward your claims for
medical bills and/or wage losses.
RESPONSE: Admitted
You have exhausted your No-Fault/PIP benefits.
RESPONSE: Unknown. Therefore, denied.
All PIP and/or medical payments coverage paid or payable for bills/losses incurred up to
the time of trial are properly characterized as collateral sources, to be set off against any
jury award for past medical expenses and past wage losses.
RESPONSE: It is admitted Florida law speaks for itself. Otherwise, denied as
phrased.
You did not incur any lost wages as a result of the accident, which is the subject matter of
this lawsuit.
RESPONSE: Admitted.
10 You did not incur any loss of earning capacity as a result of the accident, which is the
subject matter of this lawsuit.
RESPONSE: Admitted.
11 All or part of your medical bills incurred to date have been paid or are payable by your
No- Fault benefits.
RESPONSE: Denied as phrased.
12. All or part of your lost wages incurred to date have been paid or are payable by your
available No-Fault benefits.
RESPONSE: Denied.
13 You did not sustain a "threshold" injury, as defined by the Florida Motor Vehicle No-
Fault Law, in the incident alleged in your complaint.
RESPONSE:
Objection. Plaintiff objects to this request on the grounds that the request is seeking
an admission or denial regarding a purely legal conclusion. Davis v. Dollar Rent Car
Systems, Inc., 909 So. 2d 297 (Fla. 5" DCA 2004) (quashed on other grounds
Williams v. Davis, 974 So. 2d 1052 (Fla. 2007)). In addition, the request does not
comply with Rule 1.370. Rule 1.370 requests that Requests for Admission only
relate to statements or opinions of fact or of the application of the law to fact. Said
Request improperly seeks the admission of a legal conclusion unsupported by fact.
To the extent a response is required, denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
through Florida Courts E-Filing portal to Julia G. Miller, Esquire, Law Office of Aurora D.
Brown, 200 West Forsyth Street, Suite 1020, Jacksonville, FL 32202 [jaxgeico@geico.com]
Counsel for GEICO GIC, on this 9" day of January, 2023.
MORGAN & MORGAN
/s/ Said Sammy Farhat
SAID SAMMY FARHAT
FL Bar No.: 1007948
450 Blanding Blvd
Orange Park, FL 32073
Primary Email: sfarhat@forthepeople.com
Secondary Email: mpittman@forthepeople.com;
btucker@forthepeople.com
Telephone: (904) 523-7412
Fax: (904) 523-7452
Attorney for Plaintiffs
Preview
Filing # 164351344 E-Filed 01/09/2023 01:38:21 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-005680 DIVISION: CV-A AUGUSTUS EVANS LANIER Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, a foreign profit corporation, Defendants, / PLAINTIFF’S RESPONSE TO DEFENDANT GEICO GENERAL INSURANCE COMPANY’S FIRST REQUEST FOR ADMISSIONS Plaintiff, AUGUSTUS EVANS LANIER, by and through his undersigned counsel, hereby responds to Defendant GEICO GENERAL INSURANCE COMPANY’s First Request for Admissions, as follows: 1 At the time of the accident that is the subject of this lawsuit, the vehicle in which you were riding had a fully operational seatbelt that was readily available for your use. RESPONSE: Admitted. At the time of the accident that is the subject of this lawsuit, the vehicle in which you were riding had a fully operational shoulder harness that was readily available for your use. RESPONSE: Admitted. You were not wearing a seatbelt at the time of this accident. RESPONSE: Denied. I was wearing my seatbelt. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/10/2023 05:05:15 PM Your failure to use a seatbelt produced or contributed to at least a portion of your claimed injuries or damages. RESPONSE: Denied. I was wearing my seatbelt. Your claim is subject to the provisions of the "Florida Vehicle No-Fault Law". RESPONSE: Admitted. You have or had available No-Fault/PIP benefits paid or payable toward your claims for medical bills and/or wage losses. RESPONSE: Admitted You have exhausted your No-Fault/PIP benefits. RESPONSE: Unknown. Therefore, denied. All PIP and/or medical payments coverage paid or payable for bills/losses incurred up to the time of trial are properly characterized as collateral sources, to be set off against any jury award for past medical expenses and past wage losses. RESPONSE: It is admitted Florida law speaks for itself. Otherwise, denied as phrased. You did not incur any lost wages as a result of the accident, which is the subject matter of this lawsuit. RESPONSE: Admitted. 10 You did not incur any loss of earning capacity as a result of the accident, which is the subject matter of this lawsuit. RESPONSE: Admitted. 11 All or part of your medical bills incurred to date have been paid or are payable by your No- Fault benefits. RESPONSE: Denied as phrased. 12. All or part of your lost wages incurred to date have been paid or are payable by your available No-Fault benefits. RESPONSE: Denied. 13 You did not sustain a "threshold" injury, as defined by the Florida Motor Vehicle No- Fault Law, in the incident alleged in your complaint. RESPONSE: Objection. Plaintiff objects to this request on the grounds that the request is seeking an admission or denial regarding a purely legal conclusion. Davis v. Dollar Rent Car Systems, Inc., 909 So. 2d 297 (Fla. 5" DCA 2004) (quashed on other grounds Williams v. Davis, 974 So. 2d 1052 (Fla. 2007)). In addition, the request does not comply with Rule 1.370. Rule 1.370 requests that Requests for Admission only relate to statements or opinions of fact or of the application of the law to fact. Said Request improperly seeks the admission of a legal conclusion unsupported by fact. To the extent a response is required, denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished through Florida Courts E-Filing portal to Julia G. Miller, Esquire, Law Office of Aurora D. Brown, 200 West Forsyth Street, Suite 1020, Jacksonville, FL 32202 [jaxgeico@geico.com] Counsel for GEICO GIC, on this 9" day of January, 2023. MORGAN & MORGAN /s/ Said Sammy Farhat SAID SAMMY FARHAT FL Bar No.: 1007948 450 Blanding Blvd Orange Park, FL 32073 Primary Email: sfarhat@forthepeople.com Secondary Email: mpittman@forthepeople.com; btucker@forthepeople.com Telephone: (904) 523-7412 Fax: (904) 523-7452 Attorney for Plaintiffs