On December 16, 2019 a
Request for Admissions - Party: Defendant Jackson, Robert
was filed
involving a dispute between
Hilaire, Robenson,
and
Jackson, Robert,
Progressive Select Insurance Company,
for Auto Negligence
in the District Court of Broward County.
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Filing # 103831794 E-Filed 02/25/2020 08:51:18 AM
0535568703.1 JLH
Total Pages: 1
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
ROBENSON HILAIRE, CASE NO.
CACE-19-025818 Division: 04
PLAINTIFF,
VS.
ROBERT JACKSON AND PROGRESSIVE
SELECT INSURANCE COMPANY,
DEFENDANTS.
DEFENDANT(S) REQUEST FOR ADMISSIONS
Defendant, ROBERT JACKSON, by and through the undersigned counsel, pursuant to
Florida Rule of Civil Procedure 1.370, requests Plaintiff, ROBENSON HILAIRE, 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.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/25/2020 08:51:17 AM.****CASE NO. CACE-19-025818 Division: 04
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.
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.CASE NO. CACE-19-025818 Division: 04
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.
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 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 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 eaming
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.
I HEREBY CERTIFY that on the 24" day of February , 2020,CASE NO. CACE-19-025818 Division: 04
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:
Rachel Elise Moore, Esquire
STEINGER, GREENE & FEINER
2727 NW 62nd St
Fort Lauderdale, FL 33309
(954) 491-7701
(954) 492-2289
rmoore@injurylawyers.com
acox@injurylawyers.com
Florida Bar No.: 115358
Attorneys for Plaintiff
Progressive Select Insurance Company
P O Box 512926
Los Angeles, CA 90051
Co-Defendant Pro se
LAW OFFICES OF ROBERT J. SMITH
110 SE 6th St Ste 1800
Ft. Lauderdale, FL 33301-5015
Telephone: (954) 767-1396
Toll Free: (877) 250-9958 ext 7671396
Attomey Direct: (954) 767-1388
Fax: (877) 838-0840
By. Electronically Signed
CHUKA "CHUCK" OBIANAGU
FL Bar No. 1020523
Attorney for Defendant
ROBERT JACKSON
PRINCIPAL E-MAIL ADDRESS:
FTLAUDERDALELEGAL@ALLSTATE.COM
Personal E-mail Address
(NOT for Service of Pleadings and Documents):
Chuka.Obianagu@allstate.com
Document Filed Date
February 25, 2020
Case Filing Date
December 16, 2019
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Filing # 103831794 E-Filed 02/25/2020 08:51:18 AM 0535568703.1 JLH Total Pages: 1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION ROBENSON HILAIRE, CASE NO. CACE-19-025818 Division: 04 PLAINTIFF, VS. ROBERT JACKSON AND PROGRESSIVE SELECT INSURANCE COMPANY, DEFENDANTS. DEFENDANT(S) REQUEST FOR ADMISSIONS Defendant, ROBERT JACKSON, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests Plaintiff, ROBENSON HILAIRE, 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. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/25/2020 08:51:17 AM.****CASE NO. CACE-19-025818 Division: 04 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. 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.CASE NO. CACE-19-025818 Division: 04 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. 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 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 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 eaming 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. I HEREBY CERTIFY that on the 24" day of February , 2020,CASE NO. CACE-19-025818 Division: 04 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: Rachel Elise Moore, Esquire STEINGER, GREENE & FEINER 2727 NW 62nd St Fort Lauderdale, FL 33309 (954) 491-7701 (954) 492-2289 rmoore@injurylawyers.com acox@injurylawyers.com Florida Bar No.: 115358 Attorneys for Plaintiff Progressive Select Insurance Company P O Box 512926 Los Angeles, CA 90051 Co-Defendant Pro se LAW OFFICES OF ROBERT J. SMITH 110 SE 6th St Ste 1800 Ft. Lauderdale, FL 33301-5015 Telephone: (954) 767-1396 Toll Free: (877) 250-9958 ext 7671396 Attomey Direct: (954) 767-1388 Fax: (877) 838-0840 By. Electronically Signed CHUKA "CHUCK" OBIANAGU FL Bar No. 1020523 Attorney for Defendant ROBERT JACKSON PRINCIPAL E-MAIL ADDRESS: FTLAUDERDALELEGAL@ALLSTATE.COM Personal E-mail Address (NOT for Service of Pleadings and Documents): Chuka.Obianagu@allstate.com