On October 18, 2019 a
Request for Admissions - Party: Defendant Depeine, John
was filed
involving a dispute between
Thomas, Katina,
and
Depeine, John,
for Auto Negligence
in the District Court of Broward County.
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Filing # 102208090 E-Filed 01/24/2020 03:53:58 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL
CIRCUIT IN AND FOR BROWARD COUNTY,
FLORIDA
KATINA THOMAS, CASE NO.: CACE-19-021558 DIV. 05
Plaintiff, FBN 371874
VS.
JOHN DEPEINE,
Defendant, :
FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF
The Defendant, JOHN DEPEINE, pursuant to Rule 1.370 of the Florida Rules of Civil
Procedure, hereby request the Plaintiff, KATINA THOMAS, to admit, in this action, that
each of the following statements are true:
1.
Plaintiff received or is entitled to receive benefits from a collateral source, as
defined by Florida Statute §627.7372 or Florida Statute §768.76, for medical
bills alleged to have been incurred as a result of the incident described in the
Amended Complaint.
Plaintiff received or is entitled to receive benefits from a collateral source, as
defined by Florida Statute §627.7372 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 Amended Complaint.
Plaintiff received or 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 Amended
Complaint.
Plaintiff received or is entitled to receive benefits under the Personal Injury
Protection portion of an automobile policy for loss of wages or income
alleged to have been sustained as a result of the incident described in the
Amended Complaint.
Plaintiff received or 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 Amended
Complaint.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/24/2020 03:53:58 PM.****10.
11.
12.
13.
14.
15.
Plaintiff is subject to a deductible under the Personal Injury Protection portion
of an automobile insurance policy.
Plaintiff received or 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 Amended Complaint.
Plaintiff received or 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 Amended
Complaint.
Plaintiff, at the time and place of the incident described in the Amended
Complaint, had available a functional and operational seatbelt/shoulder
harness restraint system.
Plaintiff at the time and place of the incident described in the Amended
Complaint, was not using the available functional and operational
seatbelt/shoulder harness restraint system.
Plaintiff's use of the available functional and operational seatbelt/shoulder
harness restraint system, at the time and place of the incident described in
the Amended Complaint, would have prevented or lessened the injury and
damage alleged by the Plaintiff.
This action is subject to the Florida Motor Vehicle No-Fault Law, Florida
Statute §627.730 - 627.7405.
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 Amended Complaint which provides payments of benefits of
eighty percent (80%) of all reasonable and necessary medical expenses
incurred and sixty percent (60%) of loss of income or earning capacity from
inability to work as a result of the injury sustained from the incident described
in the Amended Complaint to a maximum of Ten Thousand Dollars
($10,000.00).
Plaintiff did not sustain a permanent injury within a reasonable degree of
medical probability other than scarring or disfigurement as a result of the
subject accident.
Plaintiff did not sustain significant and permanent scarring or disfigurement
as a result of the subject accident.16.
17.
18.
19.
WE Hi
Plaintiff did not sustain significant and permanent loss of an important bodily
function as a result of the subject accident.
Defendant is entitled to the tort exemption contained in F.S. §627.737(2)(a),
627.737(2)(b), and/or 627.737(2)(c).
There are third parties responsible in whole or in part for causing the subject
accident.
The fault of the third parties responsible for causing the subject accident in
whole or in part should be apportioned pursuant to the comparative fault
doctrine contained in the Florida Tort Reform Act.
EBY CERTIFY that a true and correct copy of the above and foregoing was
emailed this ¢ day of January, 2020 to Kevin Dennis Esq. Thomas & Pearl, PA, 2404
NE 9t Street, Ft. Lauderdale, Florida 33304.
GLEN R. GOLDSMITH, PA
Attorney for Defendant
9500 S. Dadeland Blvd.
Suite 601
Document Filed Date
January 24, 2020
Case Filing Date
October 18, 2019
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Filing # 102208090 E-Filed 01/24/2020 03:53:58 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA KATINA THOMAS, CASE NO.: CACE-19-021558 DIV. 05 Plaintiff, FBN 371874 VS. JOHN DEPEINE, Defendant, : FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF The Defendant, JOHN DEPEINE, pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, hereby request the Plaintiff, KATINA THOMAS, to admit, in this action, that each of the following statements are true: 1. Plaintiff received or is entitled to receive benefits from a collateral source, as defined by Florida Statute §627.7372 or Florida Statute §768.76, for medical bills alleged to have been incurred as a result of the incident described in the Amended Complaint. Plaintiff received or is entitled to receive benefits from a collateral source, as defined by Florida Statute §627.7372 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 Amended Complaint. Plaintiff received or 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 Amended Complaint. Plaintiff received or is entitled to receive benefits under the Personal Injury Protection portion of an automobile policy for loss of wages or income alleged to have been sustained as a result of the incident described in the Amended Complaint. Plaintiff received or 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 Amended Complaint. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/24/2020 03:53:58 PM.****10. 11. 12. 13. 14. 15. Plaintiff is subject to a deductible under the Personal Injury Protection portion of an automobile insurance policy. Plaintiff received or 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 Amended Complaint. Plaintiff received or 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 Amended Complaint. Plaintiff, at the time and place of the incident described in the Amended Complaint, had available a functional and operational seatbelt/shoulder harness restraint system. Plaintiff at the time and place of the incident described in the Amended Complaint, was not using the available functional and operational seatbelt/shoulder harness restraint system. Plaintiff's use of the available functional and operational seatbelt/shoulder harness restraint system, at the time and place of the incident described in the Amended Complaint, would have prevented or lessened the injury and damage alleged by the Plaintiff. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute §627.730 - 627.7405. 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 Amended Complaint which provides payments of benefits of eighty percent (80%) of all reasonable and necessary medical expenses incurred and sixty percent (60%) of loss of income or earning capacity from inability to work as a result of the injury sustained from the incident described in the Amended Complaint to a maximum of Ten Thousand Dollars ($10,000.00). Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability other than scarring or disfigurement as a result of the subject accident. Plaintiff did not sustain significant and permanent scarring or disfigurement as a result of the subject accident.16. 17. 18. 19. WE Hi Plaintiff did not sustain significant and permanent loss of an important bodily function as a result of the subject accident. Defendant is entitled to the tort exemption contained in F.S. §627.737(2)(a), 627.737(2)(b), and/or 627.737(2)(c). There are third parties responsible in whole or in part for causing the subject accident. The fault of the third parties responsible for causing the subject accident in whole or in part should be apportioned pursuant to the comparative fault doctrine contained in the Florida Tort Reform Act. EBY CERTIFY that a true and correct copy of the above and foregoing was emailed this ¢ day of January, 2020 to Kevin Dennis Esq. Thomas & Pearl, PA, 2404 NE 9t Street, Ft. Lauderdale, Florida 33304. GLEN R. GOLDSMITH, PA Attorney for Defendant 9500 S. Dadeland Blvd. Suite 601