On February 11, 2021 a
Party Discovery
was filed
involving a dispute between
Marc Harris,
Nadia Joseph-Harris,
and
Alan Densen,
for AUTO NEGLIGENCE
in the District Court of Palm Beach County.
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Filing # 138773517 E-Filed 11/18/2021 09:38:37 AM
0569004542.1 OPA
Total Pages: 4
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
MARC HARRIS AND NADIA JOSEPH-HARRIS, | CASE NO.
50-202 1-CA-001896-XXXX-MB Diiv:
PLAINTIFFS AK
VS.
ALAN DENSEN
DEFENDANT
DEFENDANT’S REQUEST FOR ADMISSIONS TO PL.
NADIA JOSEPH-HARRIS
Defendant ALAN DENSEN, by and through the undersigned counsel, pursuant to Florida
Rule of Civil Procedure 1.370, requests Plaintiff NADIA JOSEPH-HARRIS 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: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/18/2021 09:38:37 AM ***CASE NO. 50-2021-CA-001896-XXXX-MB Diiv: AK.
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. 50-2021-CA-001896-XXXX-MB Diiv: AK.
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’s 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, Defendants
complied with the provisions and security requirements set forth in Florida Statute 627.733.
27. 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 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.CASE NO. 50-2021-CA-001896-XXXX-MB Diiv: AK.
I HEREBY CERTIFY that onthe _18th_ day of November , 2021,
pursuant to Administrative Order No. AOSC13-49, a copy of Defendant’s Request for
Admissions to Plaintiff Nadia Joseph-Harris has been electronically filed and served using the
Florida Courts E-Filing Portal to:
Attorneys for Plaintiff
William D. Zoeller, Esquire
Joss A. Harrison, Esquire
SCHULER, HALVORSON, WEISSER,
ZOELLER & OVERBECK, P.A.
1615 Forum Place, Suite 4D
Barristers Building
West Palm Beach, FL 33401
wzoeller@shw-law.com
tcoffey@shw-law.com
HJoss@shw-law.com
acoates@shw-law.com
darriaga@shw-law.com
LAW OFFICE OF ROBERT J. SMITH
Mailing Address Only:
4443 Lyons Road, Suite 206
Coconut Creek, FL 33073
Attorney Direct: (561) 271-2991
Fax: (877) 838-0840
By: /s/TAMAR K. SOLARIN
TAMAR K. SOLARIN
FL Bar No. 102629
Attorney for Defendant
ALAN DENSEN
PRINCIPAL E-MAIL ADDRESS:
FTLAUDERDALELEGAL@ALLSTATE.COM
Personal E-mail Address
(NOT for Service of Pleadings and Documents):
Tamar.Solarin@Allstate.com
Document Filed Date
January 26, 2024
Case Filing Date
February 11, 2021
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Filing # 138773517 E-Filed 11/18/2021 09:38:37 AM 0569004542.1 OPA Total Pages: 4 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION MARC HARRIS AND NADIA JOSEPH-HARRIS, | CASE NO. 50-202 1-CA-001896-XXXX-MB Diiv: PLAINTIFFS AK VS. ALAN DENSEN DEFENDANT DEFENDANT’S REQUEST FOR ADMISSIONS TO PL. NADIA JOSEPH-HARRIS Defendant ALAN DENSEN, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests Plaintiff NADIA JOSEPH-HARRIS 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: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/18/2021 09:38:37 AM ***CASE NO. 50-2021-CA-001896-XXXX-MB Diiv: AK. 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. 50-2021-CA-001896-XXXX-MB Diiv: AK. 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’s 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, Defendants complied with the provisions and security requirements set forth in Florida Statute 627.733. 27. 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 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.CASE NO. 50-2021-CA-001896-XXXX-MB Diiv: AK. I HEREBY CERTIFY that onthe _18th_ day of November , 2021, pursuant to Administrative Order No. AOSC13-49, a copy of Defendant’s Request for Admissions to Plaintiff Nadia Joseph-Harris has been electronically filed and served using the Florida Courts E-Filing Portal to: Attorneys for Plaintiff William D. Zoeller, Esquire Joss A. Harrison, Esquire SCHULER, HALVORSON, WEISSER, ZOELLER & OVERBECK, P.A. 1615 Forum Place, Suite 4D Barristers Building West Palm Beach, FL 33401 wzoeller@shw-law.com tcoffey@shw-law.com HJoss@shw-law.com acoates@shw-law.com darriaga@shw-law.com LAW OFFICE OF ROBERT J. SMITH Mailing Address Only: 4443 Lyons Road, Suite 206 Coconut Creek, FL 33073 Attorney Direct: (561) 271-2991 Fax: (877) 838-0840 By: /s/TAMAR K. SOLARIN TAMAR K. SOLARIN FL Bar No. 102629 Attorney for Defendant ALAN DENSEN PRINCIPAL E-MAIL ADDRESS: FTLAUDERDALELEGAL@ALLSTATE.COM Personal E-mail Address (NOT for Service of Pleadings and Documents): Tamar.Solarin@Allstate.com