On January 11, 2024 a
Party Discovery
was filed
involving a dispute between
Monroe, Johnny James,
and
Del Ray, Gabriel Perez,
for Civil
in the District Court of Hillsborough County.
Preview
Filing # 191666467 E-Filed 02/09/2024 03:13:59 PM
0708027776.2
Total Pages: 1
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
JOHNNY JAMES MONROE, CASE NO.
24 CA 000234
PLAINTIFF,
V.
GABRIEL PEREZ DEL RAY,
DEFENDANT.
DEFENDANT’S REQUEST FOR ADMISSIONS
Defendant, GABRIEL PEREZ DEL RAY, by and through the undersigned counsel,
pursuant to Florida Rule of Civil Procedure 1.370, requests Plaintiff, JOHNNY JAMES
MONROE, to admit, in this action, that each of the following statements are true:
1. Plaintiff received benefits from a collateral source, as defined by Florida
Statute 768.76, for medical bills alleged to have been incurred as a result of the incident
described in the Complaint.
2. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida
Statute 768.76, for medical bills alleged to have been incurred as a result of the incident
described in the Complaint.
3. Plaintiff received benefits from a collateral source, as defined by Florida
Statute 768.76, for loss of wages or income alleged to have been sustained as a result of the
incident described in the Complaint.
4. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida
Statute 768.76, for loss of wages or income alleged to have been sustained as a result of the
incident described in the Complaint.
5. Plaintiff received 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.
6. Plaintiff 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.
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CASE NO. 24 CA 000234
7. Plaintiff received benefits under the Personal Injury Protection portion of an
automobile insurance policy for loss of wages or income alleged to have been sustained as a
result of the incident described in the Complaint.
8. Plaintiff is entitled to receive benefits under the Personal Injury Protection portion
of an automobile insurance policy for loss of wages or income alleged to have been sustained as
a result of the incident described in the Complaint.
9. Plaintiff received benefits under the medical payments provisions of an automobile
insurance policy for medical bills alleged to have been incurred as a result of the incident
described in the Complaint.
10. Plaintiff is entitled to receive benefits under the medical payments provisions of an
automobile insurance policy for medical bills alleged to have been incurred as a result of the
incident described in the Complaint.
11. Plaintiff is subject to a deductible under the Personal Injury Protection portion of an
automobile insurance policy.
12. Plaintiff received 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.
13. Plaintiff 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.
14. Plaintiff received 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.
15. Plaintiff 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.
16. Plaintiff received benefits pursuant to Medicaid for medical bills alleged to have
been incurred as a result of the incident described in the Complaint.
17. Plaintiff is eligible to receive benefits pursuant to Medicaid for medical bills alleged
to have been incurred as a result of the incident described in the Complaint.
18. Plaintiff received benefits pursuant to Medicare for medical bills alleged to have
been incurred as a result of the incident described in the Complaint.
2
2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
CASE NO. 24 CA 000234
19. Plaintiff is eligible to receive benefits pursuant to Medicare for medical bills alleged
to have been incurred as a result of the incident described in the Complaint.
20. Plaintiff received benefits pursuant to a Medicare Advantage Plan for medical bills
alleged to have been incurred as a result of the incident described in the Complaint.
21. Plaintiff is eligible to receive benefits pursuant to a Medicare Advantage Plan for
medical bills alleged to have been incurred as a result of the incident described in the Complaint.
22. 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.
23. Plaintiff, at the time and place of the incident described in the Complaint, failed to
use the available functional and operational seat belt/shoulder harness restraint system.
24. 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.
25. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute
Sections 627.730 et seq.
26. At the time and place of the incident described in the Complaint, Defendant
complied with the provisions and security requirements set forth in Florida Statute 627.733.
27. Plaintiff is an insured person under the Personal Injury Protection portion of an
automobile insurance policy which was in force on the date of the incident described in the
Complaint which provides payment of benefits of eighty (80%) percent of all reasonable and
necessary medical expenses incurred and sixty (60%) percent of loss of income or earning
capacity from inability to work as a result of injury sustained from the incident described in the
Complaint to a maximum of Ten Thousand ($10,000.00) Dollars.
3
2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
CASE NO. 24 CA 000234
I HEREBY CERTIFY that on the 9th day of February , 2024,
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant(s)
Request for Admissions has been electronically filed and served using the Florida Courts
E-Filing Portal to:
Ernie E. Trichler, II, Esquire
Florida Bar No. 183784
ernie@mtlawcenter.com
Jennifer Mandelbaum, Esquire
Florida Bar No. 0181714
Jennifer@mtlawcenter.com
6528 Gunn Highway
Tampa, Florida 33625
(813) 440-6852
(813) 960-3001 (Fax)
Counsel for Plaintiff
LAW OFFICES OF DOLINA LORDEUS LASCAZE
Mailing Address Only:
4443 Lyons Road, Suite 206
Coconut Creek, FL 33073
Attorney Direct: (813) 260-0127
Fax: (877) 838-0840
By: KeiErica Baker
KEIERICA BAKER
FL Bar No. 1002676
Attorney for Defendant(s)
GABRIEL PEREZ DEL RAY
PRINCIPAL E-MAIL ADDRESS:
TAMPALEGAL@ALLSTATE.COM
Personal E-mail Address
(NOT for Service of Pleadings and Documents):
KeiErica.Baker@allstate.com
4
2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 191666467 E-Filed 02/09/2024 03:13:59 PM 0708027776.2 Total Pages: 1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION JOHNNY JAMES MONROE, CASE NO. 24 CA 000234 PLAINTIFF, V. GABRIEL PEREZ DEL RAY, DEFENDANT. DEFENDANT’S REQUEST FOR ADMISSIONS Defendant, GABRIEL PEREZ DEL RAY, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests Plaintiff, JOHNNY JAMES MONROE, to admit, in this action, that each of the following statements are true: 1. Plaintiff received benefits from a collateral source, as defined by Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 2. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 3. Plaintiff received benefits from a collateral source, as defined by Florida Statute 768.76, for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 4. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida Statute 768.76, for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 5. Plaintiff received 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. 6. Plaintiff 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. 2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 CASE NO. 24 CA 000234 7. Plaintiff received benefits under the Personal Injury Protection portion of an automobile insurance policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 8. Plaintiff is entitled to receive benefits under the Personal Injury Protection portion of an automobile insurance policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 9. Plaintiff received benefits under the medical payments provisions of an automobile insurance policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 10. Plaintiff is entitled to receive benefits under the medical payments provisions of an automobile insurance policy for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 11. Plaintiff is subject to a deductible under the Personal Injury Protection portion of an automobile insurance policy. 12. Plaintiff received 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. 13. Plaintiff 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. 14. Plaintiff received 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. 15. Plaintiff 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. 16. Plaintiff received benefits pursuant to Medicaid for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 17. Plaintiff is eligible to receive benefits pursuant to Medicaid for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 18. Plaintiff received benefits pursuant to Medicare for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 2 2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 CASE NO. 24 CA 000234 19. Plaintiff is eligible to receive benefits pursuant to Medicare for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 20. Plaintiff received benefits pursuant to a Medicare Advantage Plan for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 21. Plaintiff is eligible to receive benefits pursuant to a Medicare Advantage Plan for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 22. 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. 23. Plaintiff, at the time and place of the incident described in the Complaint, failed to use the available functional and operational seat belt/shoulder harness restraint system. 24. 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. 25. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute Sections 627.730 et seq. 26. At the time and place of the incident described in the Complaint, Defendant complied with the provisions and security requirements set forth in Florida Statute 627.733. 27. Plaintiff is an insured person under the Personal Injury Protection portion of an automobile insurance policy which was in force on the date of the incident described in the Complaint which provides payment of benefits of eighty (80%) percent of all reasonable and necessary medical expenses incurred and sixty (60%) percent of loss of income or earning capacity from inability to work as a result of injury sustained from the incident described in the Complaint to a maximum of Ten Thousand ($10,000.00) Dollars. 3 2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 CASE NO. 24 CA 000234 I HEREBY CERTIFY that on the 9th day of February , 2024, pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant(s) Request for Admissions has been electronically filed and served using the Florida Courts E-Filing Portal to: Ernie E. Trichler, II, Esquire Florida Bar No. 183784 ernie@mtlawcenter.com Jennifer Mandelbaum, Esquire Florida Bar No. 0181714 Jennifer@mtlawcenter.com 6528 Gunn Highway Tampa, Florida 33625 (813) 440-6852 (813) 960-3001 (Fax) Counsel for Plaintiff LAW OFFICES OF DOLINA LORDEUS LASCAZE Mailing Address Only: 4443 Lyons Road, Suite 206 Coconut Creek, FL 33073 Attorney Direct: (813) 260-0127 Fax: (877) 838-0840 By: KeiErica Baker KEIERICA BAKER FL Bar No. 1002676 Attorney for Defendant(s) GABRIEL PEREZ DEL RAY PRINCIPAL E-MAIL ADDRESS: TAMPALEGAL@ALLSTATE.COM Personal E-mail Address (NOT for Service of Pleadings and Documents): KeiErica.Baker@allstate.com 4 2/9/2024 3:13 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4