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Filing # 140720306 E-Filed 12/20/2021 07:10:41 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021-CA-2321
DOREEN NALES, LUZ NAVARRO, JOSE I.
NAVARRO AND DAMARYS ORELLANO
NAVARO, a minor, by and through her Legal
Guardian and Natural Parent, DOREEN
NALES,
Plaintiffs,
V.
EVA ROSALIE OTERO AND GETWELL
TRANSPORTATION, INC.,
Defendants.
a|
DEFENDANT, EVA ROSALIE OTERO’S, RESPONSE TO PLAINTIFFS’ REQUEST
FOR ADMISSIONS
COMES NOW, Defendant, EVA ROSALIE OTERO, by and through the
undersigned attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby
files this, their responses to Plaintiffs Request for Admissions to Defendant and states as
follows:
1. On August 5, 2019 Plaintiffs, DOREEN NALES, LUZ NAVARRO, JOSE I.
NAVARRO and DAMARYS ORELLANO NAVARRO, a minor, by and through her Legal
Guardian and Natural Parent, DOREEN NALES, were involved in an automobile accident
with Defendant, EVA ROSALIE OTERO.
RESPONSE: Denied.
Page 1
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2021-CA-2321
2. At the time and date of the accident, you were driving a motor vehicle that collided
with Plaintiffs DOREEN NALES’s motor vehicle.
RESPONSE: Denied.
3. At the time and date of the accident, you did negligently operate or maintain the
motor vehicle so that it collided with Plaintiffs motor vehicle.
RESPONSE: Denied.
4. At the time and date of the accident, you were driving a motor vehicle owned by
GETWELL TRANSPORTATION, INC.
RESPONSE: Admitted.
5. At the time and date of the accident, you had permission to drive GETWELL
TRANSPORTATION, INC.’s motor vehicle.
RESPONSE: Admitted.
6. At the time and date of the accident, you had consent to drive GETWELL
TRANSPORTATION, INC.’s motor vehicle.
RESPONSE: Admitted.
7. Other than the motor vehicle you were operating, no other motor vehicle collided
with Plaintiffs motor vehicle, at the time and date of the accident.
RESPONSE: Denied.
-2.
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2021-CA-2321
8. Service of process on you has been validly made in this case.
RESPONSE: Admitted.
9. Plaintiffs sustained injuries as a result of the subject automobile accident.
RESPONSE: Denied.
10. The medical treatment Plaintiffs received as a result of the subject accident was
related to the accident.
RESPONSE: Denied.
11. The medical expenses Plaintiffs incurred as a result of the subject accident were
reasonable.
RESPONSE: Denied.
12. The injuries Plaintiffs sustained as a result of the subject accident are permanent
injuries.
RESPONSE: Denied.
13. Plaintiffs lost wages as a result of the accident.
RESPONSE: Denied.
14. Shortly before the time of the accident, you averted your eyes from the road to
look at a cellular phone.
RESPONSE: Denied.
-3-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2021-CA-2321
15. At the time of the accident, you were sending a text message on a cellular phone.
RESPONSE: Denied.
16. At the time of the accident, you were using the internet on a cellular phone.
RESPONSE: Denied.
17. At the time of the accident, you were talking on a cellular phone.
RESPONSE: Denied.
18. At the time of the accident, you had averted your eyes from the road to look at a
GPS device.
RESPONSE: Denied.
19. Shortly before the time of the accident you averted your eyes from the road to look
at a GPS device.
RESPONSE: Denied.
20. You were not looking at the road when you collided with Plaintiffs.
RESPONSE: Denied.
21. At the time and date of the accident, you were engaged in a mission or activity for
another person or entity, including any employer.
RESPONSE: Admitted.
-4-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400- 1900 SUMMIT TOWER BOULEVARD
- ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2021-CA-2321
22. At the time and date of the accident, you were under the influence of alcohol.
RESPONSE: Denied.
23. At the time and date of the accident, you were under the influence of an illegal
substance.
RESPONSE: Denied.
24. At the time and date of the accident, you were driving over the posted speed limit.
RESPONSE: Denied.
-5-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2021-CA-2321
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 20th day of December, 2021, a true and correct
copy of the foregoing was filed with the Clerk of Osceola County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Louis Berk, Esq., Louis Berk, PLLC,
louis@louisberklaw.com;Emily@louisberklaw.com, 821 Herndon Ave., Unit 140311,
Orlando, FL 32814, (407) 906-0500/(407) 612-2363 (F), Attorney for Plaintiffs, Doreen
Nales, Doreen Nales, Damarys Orellano Navarro and Jose |. Navarro.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant EVA ROSALIE OTERO
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail:
julien.maynard@csklegal.com
Alternate e-mail: jennyfer.arciero@csklegal.com
By: s/ Scott A. Shelton
SCOTT A. SHELTON
Florida Bar No.: 36486
4003.0162-00
SZ
-6-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
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Filing # 140720306 E-Filed 12/20/2021 07:10:41 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021-CA-2321 DOREEN NALES, LUZ NAVARRO, JOSE I. NAVARRO AND DAMARYS ORELLANO NAVARO, a minor, by and through her Legal Guardian and Natural Parent, DOREEN NALES, Plaintiffs, V. EVA ROSALIE OTERO AND GETWELL TRANSPORTATION, INC., Defendants. a| DEFENDANT, EVA ROSALIE OTERO’S, RESPONSE TO PLAINTIFFS’ REQUEST FOR ADMISSIONS COMES NOW, Defendant, EVA ROSALIE OTERO, by and through the undersigned attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby files this, their responses to Plaintiffs Request for Admissions to Defendant and states as follows: 1. On August 5, 2019 Plaintiffs, DOREEN NALES, LUZ NAVARRO, JOSE I. NAVARRO and DAMARYS ORELLANO NAVARRO, a minor, by and through her Legal Guardian and Natural Parent, DOREEN NALES, were involved in an automobile accident with Defendant, EVA ROSALIE OTERO. RESPONSE: Denied. Page 1 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2021-CA-2321 2. At the time and date of the accident, you were driving a motor vehicle that collided with Plaintiffs DOREEN NALES’s motor vehicle. RESPONSE: Denied. 3. At the time and date of the accident, you did negligently operate or maintain the motor vehicle so that it collided with Plaintiffs motor vehicle. RESPONSE: Denied. 4. At the time and date of the accident, you were driving a motor vehicle owned by GETWELL TRANSPORTATION, INC. RESPONSE: Admitted. 5. At the time and date of the accident, you had permission to drive GETWELL TRANSPORTATION, INC.’s motor vehicle. RESPONSE: Admitted. 6. At the time and date of the accident, you had consent to drive GETWELL TRANSPORTATION, INC.’s motor vehicle. RESPONSE: Admitted. 7. Other than the motor vehicle you were operating, no other motor vehicle collided with Plaintiffs motor vehicle, at the time and date of the accident. RESPONSE: Denied. -2. COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2021-CA-2321 8. Service of process on you has been validly made in this case. RESPONSE: Admitted. 9. Plaintiffs sustained injuries as a result of the subject automobile accident. RESPONSE: Denied. 10. The medical treatment Plaintiffs received as a result of the subject accident was related to the accident. RESPONSE: Denied. 11. The medical expenses Plaintiffs incurred as a result of the subject accident were reasonable. RESPONSE: Denied. 12. The injuries Plaintiffs sustained as a result of the subject accident are permanent injuries. RESPONSE: Denied. 13. Plaintiffs lost wages as a result of the accident. RESPONSE: Denied. 14. Shortly before the time of the accident, you averted your eyes from the road to look at a cellular phone. RESPONSE: Denied. -3- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2021-CA-2321 15. At the time of the accident, you were sending a text message on a cellular phone. RESPONSE: Denied. 16. At the time of the accident, you were using the internet on a cellular phone. RESPONSE: Denied. 17. At the time of the accident, you were talking on a cellular phone. RESPONSE: Denied. 18. At the time of the accident, you had averted your eyes from the road to look at a GPS device. RESPONSE: Denied. 19. Shortly before the time of the accident you averted your eyes from the road to look at a GPS device. RESPONSE: Denied. 20. You were not looking at the road when you collided with Plaintiffs. RESPONSE: Denied. 21. At the time and date of the accident, you were engaged in a mission or activity for another person or entity, including any employer. RESPONSE: Admitted. -4- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400- 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2021-CA-2321 22. At the time and date of the accident, you were under the influence of alcohol. RESPONSE: Denied. 23. At the time and date of the accident, you were under the influence of an illegal substance. RESPONSE: Denied. 24. At the time and date of the accident, you were driving over the posted speed limit. RESPONSE: Denied. -5- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2021-CA-2321 CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 20th day of December, 2021, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Louis Berk, Esq., Louis Berk, PLLC, louis@louisberklaw.com;Emily@louisberklaw.com, 821 Herndon Ave., Unit 140311, Orlando, FL 32814, (407) 906-0500/(407) 612-2363 (F), Attorney for Plaintiffs, Doreen Nales, Doreen Nales, Damarys Orellano Navarro and Jose |. Navarro. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant EVA ROSALIE OTERO Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: julien.maynard@csklegal.com Alternate e-mail: jennyfer.arciero@csklegal.com By: s/ Scott A. Shelton SCOTT A. SHELTON Florida Bar No.: 36486 4003.0162-00 SZ -6- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX