Party Discovery: AYALA, ADRIAN DION MANGUAL Plaintiff vs RECAREY, JOSEPH A Defendant

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                                Filing # 189068250 E-Filed 01/04/2024 10:22:52 AM


                     IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                                 IN AND FOR LEE COUNTY, FLORIDA


        ADRIAN DION MANGUAL AYALA,
                                                                CASE NO.:
        Plaintiff,

        v.

        JOSEPH A. RECAREY,

        Defendant.
        _____________________________________/

                                      PLAINTIFF’S FIRST REQUEST FOR
                                        ADMISSIONS TO DEFENDANT

                COME NOW, Plaintiff, ADRIAN DION MANGUAL AYALA, by and through the
        undersigned counsel, and pursuant to the Florida Rules of Civil Procedure hereby requests that
        the Defendant, JOSEPH A. RECAREY admit the truth of the following:
             1. That the accident at issue occurred on June 27, 2023, at the intersection of Centennial
                Blvd. and Carl Road in Lehigh Acres in Lee County, Florida.
             2. That venue for this action lies in the County of Lee, State of Florida.
             3. That the above styled court has jurisdiction over the claims involving the parties to this
                action.
             4. That on or about June 27, 2023, Defendant negligently operated and maintained a motor
                vehicle so that it collided with the Plaintiff’s vehicle.
             5. That at the date and time of the collision, Defendant failed to keep a proper watch, stop at
                a stop sign and yield the right of way before striking the Plaintiff’s vehicle.
             6. That at the time of the collision, Defendant failed to monitor their surroundings.
             7. That at the date and time of the collision, Plaintiff was wearing their seatbelt and/or
                shoulder strap.
             8. That the Defendant is solely at fault in causing the collision of June 27, 2023.
             9. That this collision could have been avoided had the Defendant used due care.


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   10. That there are no unknown third parties who caused the collision, which is the subject of
      this litigation.
   11. That at the date and time of the accident, Defendant was utilizing a smart phone, tablet,
      or other electronic device.
   12. That at the time of the accident, the Defendant was traveling at a minimum of 15 mph.
   13. That at the date and time of the accident, neither road defects, obscured vision nor vehicle
      defects were contributing causes to the collision.
   14. That at the date and time of the accident, the road surface was dry.
   15. That as a result of the collision of June 27, 2023, Plaintiff sustained bodily injuries.
   16. That as a result of the collision of June 27, 2023, Plaintiff suffered significant and
      permanent scarring or disfigurement.
   17. That as a result of the collision of June 27, 2023, Plaintiff suffered permanent injuries
      within a reasonable degree of medical probability, other than scarring or disfigurement.


                                    CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
service of process along with the Summons and Complaint.

                                                      /s/ Rafael O. Nunez, Jr. /s/
                                                      Rafael O. Nunez, Jr., Esq.
                                                      Florida Bar No.: 114617
                                                      Nunez Law Firm
                                                      1337 W. Colonial Drive
                                                      Orlando, Florida 32804
                                                      Phone: (407) 203-2769
                                                      Fax: (407) 264-8773
                                                      Email: Litigation@thenunezlaw.com
                                                      Attorney for Plaintiff




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