Preview
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.***
Filing # 10801251 Electronically Filed 02/28/2014 10:09:18 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CAROLYN BROWN, CASE NO.: 502014CA001210XXXXMB
AL
Plaintiff,
VS.
FRANK LEON, III and TERRY'S AUTOMOTIVE
SUPPLY, INC.,
Defendant. /
DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF
COMES NOW the Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., by and through the
undersigned counsel, pursuant to Rule 1.370, Florida Rules of Civil Procedure, and requests the Plaintiff,
CAROLYN BROWN, to admit, in this action, that each of the following statements are true:
1. The vehicle in which the Plaintiff was an occupant at the time of the accident was equipped
with a fully operational lap belt.
2. The vehicle in which the Plaintiff was an occupant at the time of the accident was equipped
with a fully operational shoulder harness.
The Plaintiff was not wearing a lap belt at the time of the accident.
4. The Plaintiff was not wearing a shoulder harness at the time of the accident.
The Plaintiffs failure to use the seat belt or hamess produced or contributed substantially to
at least a portion of the Plaintiff's damages claimed in the lawsuit.
The Plaintiff's failure to use the seat belt was unreasonable under the circumstances.
The Plaintiffs failure to use the shoulder harness was unreasonable under the
circumstances.
8. Wearing a lap belt would have prevented the Plaintiff from striking his/her head against any
portion of the interior of the vehicle.
9. Wearing a shoulder harness would have prevented the Plaintiff from striking his/her head
against any portion of the interior of the vehicle.
10. Wearing a lap belt would have prevented the Plaintiff from striking any part of his/her body
against any portion of the interior of the vehicle.
Law Office of Peter J. Delahunty « Loggerhead Plaza North ¢ 14241 U.S. Highway One ¢ Juno Beach, Florida 33408-1405 # 561-799-7340Case No.: 502014CA001210XXXXMB_ AI Page 2
ll. Wearing a shoulder harness would have prevented the Plaintiff from striking any part of
his/her body against any portion of the interior of the vehicle.
12. The Plaintiff would not have been injured in the accident complained of if he/she had been
wearing the available seat belts.
13. All injuries that the Plaintiff complains of as a result of this accident could have been
avoided if he/she had been wearing the available seat belts.
14. The Plaintiff received, or is entitled to receive, benefits from a collateral source for medical
bills alleged to have been incurred as a result of the incident described in the Complaint.
15. The Plaintiff received, or is entitled to receive, benefits from a collateral source, for loss of
wages or income alleged to have been sustained as a result of the incident described in the
Complaint.
16. The 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 Complaint.
17. The Plaintiff received, or 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.
18. The 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 Complaint
19. The Plaintiff is subject to a deductible under the Personal Injury Protection portion of
his/her automobile insurance policy.
20. The Plaintiff received, or is entitled to receive, benefits pursuant to personal or group
health insurance policy, for which no subrogation rights exist or medical bills alleged to
have been incurred as a result of the incident described in the Complaint.
21. The Plaintiff received, or is entitled to receive, benefits pursuant to a personal or group
‘wage continuation plan or policy, for which no subrogation rights exist, for loss of wages or
income alleged to have been incurred as a result of the incident described in the Complaint.
22. The 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 payments of benefits or 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.
23. That the Plaintiff's claims are subject to the provisions of the “Florida Vehicle No-Fault
Law.”
24. That the Plaintiffs injuries do not meet the threshold requirements of Section
627.737(2), Florida Statutes.
25. Plaintiff is not claiming any lost wages, earnings, or income as a result of the incident
alleged in Plaintiff's Complaint.
Law Office of Peter J. Delahunty « Loggerhead Plaza North ¢ 14241 U.S. Highway One® Juno Beach, Florida 33408-1405 © 561-799-7340Case No.: 502014CA001210XXXXMB_ AI Page 3
26. Plaintiff is not claiming any diminishment of earning capacity or ability to eam money as a
result of the incident alleged in Plaintiffs Complaint.
27. __ Plaintiff has not suffered a permanent injury as a result of the incident alleged in Plaintiff's
Complaint.
28. Plaintiff is not claiming any past medical expenses as a result of the incident alleged in
Plaintiff's Complaint.
29. Plaintiff is not claiming any future medical expenses as a result of the incident alleged in
Plaintiff's Complaint.
30. Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., was not negligent for the incident
alleged in Plaintiffs Complaint.
31. Defendant, FRANK LEON, III, was not negligent for the incident alleged in Plaintiffs
Complaint.
32. Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., did not cause or contribute to any
injuries, loss or damages Plaintiff suffered as a result of the incident alleged in Plaintiffs
Complaint.
33. Defendant, FRANK LEON, III, did not cause or contribute to any injuries, loss or damages
Plaintiff suffered as a result of the incident alleged in Plaintiffs Complaint.
34, Plaintiff is the sole proximate cause of the injuries Plaintiff alleges to have suffered as a
result of the incident alleged in Plaintiffs Complaint.
35. Plaintiff was comparatively negligent for the incident alleged in Plaintiffs Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was sent via email only on » to:
Timothy Felice, Esq., The Felice Law Group, PLLC, for plaintiff; email cfelice@fgwpblaw.com;
Tfelice@fgwpblaw.com.
/s/ Mark Hektner, Esq.
Florida Bar# 311758
mark. hektner@zurichna.com
Law Office of Peter J. Delahunty
14241 US HWY 1
Juno Beach, FL 33408
Usz.slwpb.delahunty@zurichna.com — primary
arelis.dujon@zurichna.com — secondary
561.799.7347
Attorney for Defendant
Law Office of Peter J. Delahunty « Loggerhead Plaza North ¢ 14241 U.S. Highway One® Juno Beach, Florida 33408-1405 © 561-799-7340
Preview
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.*** Filing # 10801251 Electronically Filed 02/28/2014 10:09:18 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CAROLYN BROWN, CASE NO.: 502014CA001210XXXXMB AL Plaintiff, VS. FRANK LEON, III and TERRY'S AUTOMOTIVE SUPPLY, INC., Defendant. / DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF COMES NOW the Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., by and through the undersigned counsel, pursuant to Rule 1.370, Florida Rules of Civil Procedure, and requests the Plaintiff, CAROLYN BROWN, to admit, in this action, that each of the following statements are true: 1. The vehicle in which the Plaintiff was an occupant at the time of the accident was equipped with a fully operational lap belt. 2. The vehicle in which the Plaintiff was an occupant at the time of the accident was equipped with a fully operational shoulder harness. The Plaintiff was not wearing a lap belt at the time of the accident. 4. The Plaintiff was not wearing a shoulder harness at the time of the accident. The Plaintiffs failure to use the seat belt or hamess produced or contributed substantially to at least a portion of the Plaintiff's damages claimed in the lawsuit. The Plaintiff's failure to use the seat belt was unreasonable under the circumstances. The Plaintiffs failure to use the shoulder harness was unreasonable under the circumstances. 8. Wearing a lap belt would have prevented the Plaintiff from striking his/her head against any portion of the interior of the vehicle. 9. Wearing a shoulder harness would have prevented the Plaintiff from striking his/her head against any portion of the interior of the vehicle. 10. Wearing a lap belt would have prevented the Plaintiff from striking any part of his/her body against any portion of the interior of the vehicle. Law Office of Peter J. Delahunty « Loggerhead Plaza North ¢ 14241 U.S. Highway One ¢ Juno Beach, Florida 33408-1405 # 561-799-7340Case No.: 502014CA001210XXXXMB_ AI Page 2 ll. Wearing a shoulder harness would have prevented the Plaintiff from striking any part of his/her body against any portion of the interior of the vehicle. 12. The Plaintiff would not have been injured in the accident complained of if he/she had been wearing the available seat belts. 13. All injuries that the Plaintiff complains of as a result of this accident could have been avoided if he/she had been wearing the available seat belts. 14. The Plaintiff received, or is entitled to receive, benefits from a collateral source for medical bills alleged to have been incurred as a result of the incident described in the Complaint. 15. The Plaintiff received, or is entitled to receive, benefits from a collateral source, for loss of wages or income alleged to have been sustained as a result of the incident described in the Complaint. 16. The 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 Complaint. 17. The Plaintiff received, or 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. 18. The 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 Complaint 19. The Plaintiff is subject to a deductible under the Personal Injury Protection portion of his/her automobile insurance policy. 20. The Plaintiff received, or is entitled to receive, benefits pursuant to personal or group health insurance policy, for which no subrogation rights exist or medical bills alleged to have been incurred as a result of the incident described in the Complaint. 21. The Plaintiff received, or is entitled to receive, benefits pursuant to a personal or group ‘wage continuation plan or policy, for which no subrogation rights exist, for loss of wages or income alleged to have been incurred as a result of the incident described in the Complaint. 22. The 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 payments of benefits or 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. 23. That the Plaintiff's claims are subject to the provisions of the “Florida Vehicle No-Fault Law.” 24. That the Plaintiffs injuries do not meet the threshold requirements of Section 627.737(2), Florida Statutes. 25. Plaintiff is not claiming any lost wages, earnings, or income as a result of the incident alleged in Plaintiff's Complaint. Law Office of Peter J. Delahunty « Loggerhead Plaza North ¢ 14241 U.S. Highway One® Juno Beach, Florida 33408-1405 © 561-799-7340Case No.: 502014CA001210XXXXMB_ AI Page 3 26. Plaintiff is not claiming any diminishment of earning capacity or ability to eam money as a result of the incident alleged in Plaintiffs Complaint. 27. __ Plaintiff has not suffered a permanent injury as a result of the incident alleged in Plaintiff's Complaint. 28. Plaintiff is not claiming any past medical expenses as a result of the incident alleged in Plaintiff's Complaint. 29. Plaintiff is not claiming any future medical expenses as a result of the incident alleged in Plaintiff's Complaint. 30. Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., was not negligent for the incident alleged in Plaintiffs Complaint. 31. Defendant, FRANK LEON, III, was not negligent for the incident alleged in Plaintiffs Complaint. 32. Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., did not cause or contribute to any injuries, loss or damages Plaintiff suffered as a result of the incident alleged in Plaintiffs Complaint. 33. Defendant, FRANK LEON, III, did not cause or contribute to any injuries, loss or damages Plaintiff suffered as a result of the incident alleged in Plaintiffs Complaint. 34, Plaintiff is the sole proximate cause of the injuries Plaintiff alleges to have suffered as a result of the incident alleged in Plaintiffs Complaint. 35. Plaintiff was comparatively negligent for the incident alleged in Plaintiffs Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was sent via email only on » to: Timothy Felice, Esq., The Felice Law Group, PLLC, for plaintiff; email cfelice@fgwpblaw.com; Tfelice@fgwpblaw.com. /s/ Mark Hektner, Esq. Florida Bar# 311758 mark. hektner@zurichna.com Law Office of Peter J. Delahunty 14241 US HWY 1 Juno Beach, FL 33408 Usz.slwpb.delahunty@zurichna.com — primary arelis.dujon@zurichna.com — secondary 561.799.7347 Attorney for Defendant Law Office of Peter J. Delahunty « Loggerhead Plaza North ¢ 14241 U.S. Highway One® Juno Beach, Florida 33408-1405 © 561-799-7340