On December 31, 2018 a
Party Discovery
was filed
involving a dispute between
Michael Tillage,
and
Geregory Smith,
Miranda Smith,
for CA - Auto Negligence
in the District Court of Orange County.
Preview
Filing # 84274111 E-Filed 02/01/2019 11:19:33 AM
0444963532.2
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
MICHAEL TILLAGE, CASE NO.
2019-CA-23- O
PLAINTIFF,
VS.
GREGORY DANIEL SMITH, AND MIRANDA
MARIE SMITH,
DEFENDANT.
DEFENDANT’S REQUEST FOR ADMISSIONS
Defendants, GREGORY DANIEL SMITH AND MIRANDA MARIE SMITH, by and
through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests
Plaintiff, MICHAEL TILLAGE, 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.
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.
CASE NO. 2019-CA-23- O
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.
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.
2
CASE NO. 2019-CA-23- O
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(s) 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 injury sustained from the incident described in the
Complaint to a maximum of Ten Thousand ($10,000.00) Dollars.
3
CASE NO. 2019-CA-23- O
I HEREBY CERTIFY that on the 1 day of February , 2019,
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant Request
for Admissions has been electronically filed and served using the Florida Courts E-Filing Portal
to:
Attorney for Plaintiff
Tiffany M. Faddis, Esquire
Dan Newlin & Partners
7335 W Sand Lake Rd Ste 250
Orlando FL 32819
Tiffany.Faddis@newlinlaw.com
Tfaddispleadings@Newlinlaw.com
collin.pitney@newlinlaw.com
407-845-1756
LAW OFFICES OF ROBERT J. SMITH
390 North Orange Avenue, Suite 895
Orlando, FL 32801-1635
Telephone: (407) 428-0331
Toll Free: (877) 536-5404 ext 4280331
Attorney Direct: (239) 334-2065
Fax: (877) 437-1334
By:
JENNIE ZILNER LIPPERT
FL Bar No. 98184
Attorney for Defendant
GREGORY DANIEL SMITH and MIRANDA
MARIE SMITH
PRINCIPAL E-MAIL ADDRESS:
ORLANDOLEGAL@ALLSTATE.COM
4
Document Filed Date
February 01, 2019
Case Filing Date
December 31, 2018
Category
CA - Auto Negligence
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 84274111 E-Filed 02/01/2019 11:19:33 AM 0444963532.2 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION MICHAEL TILLAGE, CASE NO. 2019-CA-23- O PLAINTIFF, VS. GREGORY DANIEL SMITH, AND MIRANDA MARIE SMITH, DEFENDANT. DEFENDANT’S REQUEST FOR ADMISSIONS Defendants, GREGORY DANIEL SMITH AND MIRANDA MARIE SMITH, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests Plaintiff, MICHAEL TILLAGE, 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. 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. CASE NO. 2019-CA-23- O 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. 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. 2 CASE NO. 2019-CA-23- O 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(s) 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 injury sustained from the incident described in the Complaint to a maximum of Ten Thousand ($10,000.00) Dollars. 3 CASE NO. 2019-CA-23- O I HEREBY CERTIFY that on the 1 day of February , 2019, pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant Request for Admissions has been electronically filed and served using the Florida Courts E-Filing Portal to: Attorney for Plaintiff Tiffany M. Faddis, Esquire Dan Newlin & Partners 7335 W Sand Lake Rd Ste 250 Orlando FL 32819 Tiffany.Faddis@newlinlaw.com Tfaddispleadings@Newlinlaw.com collin.pitney@newlinlaw.com 407-845-1756 LAW OFFICES OF ROBERT J. SMITH 390 North Orange Avenue, Suite 895 Orlando, FL 32801-1635 Telephone: (407) 428-0331 Toll Free: (877) 536-5404 ext 4280331 Attorney Direct: (239) 334-2065 Fax: (877) 437-1334 By: JENNIE ZILNER LIPPERT FL Bar No. 98184 Attorney for Defendant GREGORY DANIEL SMITH and MIRANDA MARIE SMITH PRINCIPAL E-MAIL ADDRESS: ORLANDOLEGAL@ALLSTATE.COM 4