On February 01, 2024 a
Motion-Secondary
was filed
involving a dispute between
Swank, Janice,
and
Auto Club Insurance Company Of Florida,
Powell, Karen Mildred,
Raposa, Donna,
for Auto Negligence
in the District Court of Flagler County.
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Filing # 197696515 E-Filed 05/06/2024 02:39:18 PM
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, AUTO CLUB INSURANCE
COMPANY’S SURGICAL RESPONSE TO REQUEST FOR ADMISSIONS
COMES NOW Plaintiff, JANICE SWANK, by and through the undersigned counsel, and
responds to the Surgical Request for Admissions propounded to the Plaintiff by Defendant,
AUTO CLUB INSURANCE COMPANY, stating as follows:
1 Admit that you have not been recommended for any surgical procedure to
address any condition or injury you claim resulted from the accident described
in your Complaint.
a. If you DENY the truth of the facts set forth in the above Request for
Admission #1, please answer the following Interrogatory: please state
specifically, and describe with particularity any and all surgical
procedures for which you have been recommended and detail what
injury or condition the surgery is aimed at treating. Please also provide
the name, practice group name, and address of any doctor that has
recommended a surgery to treat any condition or injury you claim resulted
from the subject accident.
Response: Admit.
2. Admit that you have not discussed the possibility of any surgical procedure with
any doctor or medical care professional for the treatment of any condition or
injury you claim resulted from the accident described in your complaint.
a. If you DENY the truth of the facts set forth in the above Request for
Admission #2, please answer the following Interrogatory: please provide
the name, address, and phone number of every doctor and/or medical
professional with whom you have ever discussed the possibility of any
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 05/06/2024 03:26 PM - DIN: 39
surgical procedure of the treatment of any condition or injury you claim
resulted from the subject accident.
Response: Admit.
3. Admit that you have not undergone any pain management interventions or
procedures since the subject incident.
a. If you DENY the truth of the facts set forth in the above Request for
Admission #3, please answer the following Interrogatory: please state
specifically, the type of pain management intervention/procedure and
identify which doctor performed the date of each, and the cost of each.
Response: Denied
Zion Medical
870 Dunlawton Avenue
Suite 109
Port Orange, Florida 32127
Lumbar Epidural Steroid Injections
Cervical Epidural Steroid Injections
5/25/2023- Cervical ESI $3500.00
3/19/2024. Lumbar ESI $3500.00
Please refer to the plaintiffs medical records and bills for further information.
4. Admit that you are not currently scheduled for any future pain management
interventions or procedures since that subject accident.
a. If you DENY the truth of the facts set forth in the above Request for
Admission #4, please answer the following Interrogatory: please state
specifically, the type of pain management intervention/procedure and
identify which doctor will perform each, the cost of each, and the
scheduled dates for each.
Response: Denied
Iam scheduled to have the L3-L4-L5 Medial Branch Block on May 16, 2024.
$9,000.00
Zion Medical
870 Dunlawton Avenue
Suite 109
Port Orange, Florida 32127
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 6" day of May 2024, I have served a true and
correct copy of the foregoing on: Michael L. Glass, Esquire, by sending it via electronic
service to: Mglass @sgc-attorneys.com and leadings@sgc-attorneys.com.
RUE & ZIFFRA
Mal Ax
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
Document Filed Date
May 03, 2024
Case Filing Date
February 01, 2024
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Filing # 197696515 E-Filed 05/06/2024 02:39:18 PM 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, AUTO CLUB INSURANCE COMPANY’S SURGICAL RESPONSE TO REQUEST FOR ADMISSIONS COMES NOW Plaintiff, JANICE SWANK, by and through the undersigned counsel, and responds to the Surgical Request for Admissions propounded to the Plaintiff by Defendant, AUTO CLUB INSURANCE COMPANY, stating as follows: 1 Admit that you have not been recommended for any surgical procedure to address any condition or injury you claim resulted from the accident described in your Complaint. a. If you DENY the truth of the facts set forth in the above Request for Admission #1, please answer the following Interrogatory: please state specifically, and describe with particularity any and all surgical procedures for which you have been recommended and detail what injury or condition the surgery is aimed at treating. Please also provide the name, practice group name, and address of any doctor that has recommended a surgery to treat any condition or injury you claim resulted from the subject accident. Response: Admit. 2. Admit that you have not discussed the possibility of any surgical procedure with any doctor or medical care professional for the treatment of any condition or injury you claim resulted from the accident described in your complaint. a. If you DENY the truth of the facts set forth in the above Request for Admission #2, please answer the following Interrogatory: please provide the name, address, and phone number of every doctor and/or medical professional with whom you have ever discussed the possibility of any Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 05/06/2024 03:26 PM - DIN: 39 surgical procedure of the treatment of any condition or injury you claim resulted from the subject accident. Response: Admit. 3. Admit that you have not undergone any pain management interventions or procedures since the subject incident. a. If you DENY the truth of the facts set forth in the above Request for Admission #3, please answer the following Interrogatory: please state specifically, the type of pain management intervention/procedure and identify which doctor performed the date of each, and the cost of each. Response: Denied Zion Medical 870 Dunlawton Avenue Suite 109 Port Orange, Florida 32127 Lumbar Epidural Steroid Injections Cervical Epidural Steroid Injections 5/25/2023- Cervical ESI $3500.00 3/19/2024. Lumbar ESI $3500.00 Please refer to the plaintiffs medical records and bills for further information. 4. Admit that you are not currently scheduled for any future pain management interventions or procedures since that subject accident. a. If you DENY the truth of the facts set forth in the above Request for Admission #4, please answer the following Interrogatory: please state specifically, the type of pain management intervention/procedure and identify which doctor will perform each, the cost of each, and the scheduled dates for each. Response: Denied Iam scheduled to have the L3-L4-L5 Medial Branch Block on May 16, 2024. $9,000.00 Zion Medical 870 Dunlawton Avenue Suite 109 Port Orange, Florida 32127 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6" day of May 2024, I have served a true and correct copy of the foregoing on: Michael L. Glass, Esquire, by sending it via electronic service to: Mglass @sgc-attorneys.com and leadings@sgc-attorneys.com. RUE & ZIFFRA Mal Ax 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