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Filing # 196563100 E-Filed 04/19/2024 11:00:26 AM
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT,
IN AND FOR FLAGLER COUNTY, FLORIDA
CASE NO.: 2024 CA 000071
JANICE SWANK,
Plaintiff,
Vs.
KAREN MILDRED POWELL and.
AUTO CLUB INSURANCE COMPANY
OF FLORIDA, a Florida Profit Corporation
Defendant.
/
PLAINTIFF'S RESPONSE TO DEFENDANT, KAREN MILDRED POWELL’S
REQUEST FOR ADMISSIONS
COMES NOW Plaintiff, JANICE SWANK, by and through the undersigned counsel, and
responds to the Requests for Admissions propounded to the Plaintiff by Defendant, stating as
follows:
Plaintiff received benefits from a collateral source, as defined by Florida Statute
627.736 or Florida Statute 768.76, for medical bills alleged to have been incurred.
as a result of the incident described in the Complaint.
Response: Admit.
Plaintiff is entitled to receive benefits from a collateral source, as defined by
Florida Statute 627.736 of Florida Statute 768.76, for medical bills alleged to have
been incurred as a result of the incident described in the Complaint.
Response: Admit.
Plaintiff received benefits from a collateral source, as defined by Florida Statute
627.736 or 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.
Response: Denied.
Plaintiff is entitled to receive benefits from a collateral source, as defined by
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/19/2024 02:29 PM - DIN: 33
Florida Statute 627.736 or 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.
Response: Denied.
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.
Response: Admit.
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.
Response: Denied.
Plaintiff received benefits under the Personal Injury Protection portion of the
automobile insurance policy for loss of wages or income alleged to have been
sustained as a result of the incident described in the Complaint.
Response: Denied.
Plaintiff is entitled to receive benefits under the Personal Injury Protection portion
of the automobile insurance policy for loss of wages or income alleged to have
been sustained as a result of the incident described in the Complaint.
Response: Denied.
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.
Response: Denied.
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.
Response: Denied.
11. Plaintiff is subject to a deductible under the Personal Injury Protection portion of
an automobile insurance policy.
Response: Denied.
12. Plaintiff received 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.
Response: Denied.
13 Plaintiff is 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.
Response: Denied.
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.
Response: Denied.
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.
Response: Denied.
16. 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.
Response: Admit.
17. Plaintiff, at the time and place of the incident described in the Complaint was not
using the available functional and operational seat belt/shoulder harness restraint
system.
Response: Denied.
18. Plaintiffs 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
the Plaintiff.
Response: Denied.
19. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute
Sections 627.730 - 627.7405.
Response: Admit.
20. At the time and place of the incident described in the Complaint, Plaintiff
complied with the provisions and security requirements set forth in Florida Statute
627.733.
Response: Admit.
21 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
the injury sustained from the incident described in the Complaint to a maximum
of Fifty Thousand and One Dollars ($50,001.00).
Response: Denied.
22 As a result of the collision which is the subjective of this litigation you were not
permanently injured.
Response: Denied.
23. One or more of your medical providers has a letter of protection in their favor, for
your care and/or treatment, as a result of the incident which is the subject matter
of the above captioned matter.
Response: Admit.
24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has suffered from the same injuries and/or conditions for which she is
claiming in this matter.
Response: Admit.
25. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff was assigned a permanent impairment rating by a physician.
Response: Unknown; Therefore denied.
26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has been involved in a motor vehicle accident in which she injured the
same parts of her body for which she is claiming injury in this matter.
Response: Denied.
27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or
conditions for which she is claiming in this matter.
Response: Denied.
28. After the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has been involved in a motor vehicle accident in which she injured the
same parts of her body for which she is claiming injury in this matter.
Response: Denied.
29. After the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or
conditions for which she is claiming in this matter.
Response: Denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19" day of April 2024, I have served a true and
correct copy of the foregoing on: Jennifer Belbeck Swadel, Esquire, by sending it via electronic
service to: noflbi@progressive.com and jswadell @progressive.com.
RUE & ZIFFRA
Mal J
Allan L. Ziffra, Esquire
632 Dunlawton Avenue
Port Orange, FL 32127
Phone: (386) 788-7700
FBN: 0749265
Email: aziffra@rueziffra.com
joanneh@rueziffra.com
Attorney for the Plaintiff
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Filing # 196563100 E-Filed 04/19/2024 11:00:26 AM IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA CASE NO.: 2024 CA 000071 JANICE SWANK, Plaintiff, Vs. KAREN MILDRED POWELL and. AUTO CLUB INSURANCE COMPANY OF FLORIDA, a Florida Profit Corporation Defendant. / PLAINTIFF'S RESPONSE TO DEFENDANT, KAREN MILDRED POWELL’S REQUEST FOR ADMISSIONS COMES NOW Plaintiff, JANICE SWANK, by and through the undersigned counsel, and responds to the Requests for Admissions propounded to the Plaintiff by Defendant, stating as follows: Plaintiff received benefits from a collateral source, as defined by Florida Statute 627.736 or Florida Statute 768.76, for medical bills alleged to have been incurred. as a result of the incident described in the Complaint. Response: Admit. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 of Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incident described in the Complaint. Response: Admit. Plaintiff received benefits from a collateral source, as defined by Florida Statute 627.736 or 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. Response: Denied. Plaintiff is entitled to receive benefits from a collateral source, as defined by Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/19/2024 02:29 PM - DIN: 33 Florida Statute 627.736 or 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. Response: Denied. 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. Response: Admit. 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. Response: Denied. Plaintiff received benefits under the Personal Injury Protection portion of the automobile insurance policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. Response: Denied. Plaintiff is entitled to receive benefits under the Personal Injury Protection portion of the automobile insurance policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. Response: Denied. 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. Response: Denied. 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. Response: Denied. 11. Plaintiff is subject to a deductible under the Personal Injury Protection portion of an automobile insurance policy. Response: Denied. 12. Plaintiff received 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. Response: Denied. 13 Plaintiff is 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. Response: Denied. 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. Response: Denied. 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. Response: Denied. 16. 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. Response: Admit. 17. Plaintiff, at the time and place of the incident described in the Complaint was not using the available functional and operational seat belt/shoulder harness restraint system. Response: Denied. 18. Plaintiffs 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 the Plaintiff. Response: Denied. 19. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute Sections 627.730 - 627.7405. Response: Admit. 20. At the time and place of the incident described in the Complaint, Plaintiff complied with the provisions and security requirements set forth in Florida Statute 627.733. Response: Admit. 21 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 the injury sustained from the incident described in the Complaint to a maximum of Fifty Thousand and One Dollars ($50,001.00). Response: Denied. 22 As a result of the collision which is the subjective of this litigation you were not permanently injured. Response: Denied. 23. One or more of your medical providers has a letter of protection in their favor, for your care and/or treatment, as a result of the incident which is the subject matter of the above captioned matter. Response: Admit. 24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has suffered from the same injuries and/or conditions for which she is claiming in this matter. Response: Admit. 25. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff was assigned a permanent impairment rating by a physician. Response: Unknown; Therefore denied. 26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has been involved in a motor vehicle accident in which she injured the same parts of her body for which she is claiming injury in this matter. Response: Denied. 27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which she is claiming in this matter. Response: Denied. 28. After the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has been involved in a motor vehicle accident in which she injured the same parts of her body for which she is claiming injury in this matter. Response: Denied. 29. After the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which she is claiming in this matter. Response: Denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19" day of April 2024, I have served a true and correct copy of the foregoing on: Jennifer Belbeck Swadel, Esquire, by sending it via electronic service to: noflbi@progressive.com and jswadell @progressive.com. RUE & ZIFFRA Mal J Allan L. Ziffra, Esquire 632 Dunlawton Avenue Port Orange, FL 32127 Phone: (386) 788-7700 FBN: 0749265 Email: aziffra@rueziffra.com joanneh@rueziffra.com Attorney for the Plaintiff