On September 18, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Philip Ruotolo,
Ruth Ruotolo,
and
James Coachman,
for AUTO NEGLIGENCE
in the District Court of Palm Beach County.
Preview
Filing # 122256759 E-Filed 03/01/2021 03:10:01 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN
AND FOR PALM BEACH COUNTY, FLORIDA.
CASE NO: 50-2020-CA-010129-XXXX-MB
PHILIP RUOTOLO and RUTH RUOTOLO,
his wife,
Plaintiffs,
vs.
JAMES COACHMAN II,
Defendant.
/
PLAINTIFFS’ MOTION TO BE EXCUSED FROM MEDIATION
The Plaintiffs’, PHILIP RUOTOLO, and RUTH RUOTOLO, his wife, by and through their
undersigned attorney, file this Motion to be excused from Mediation, and as grounds would state
as follows:
1, Plaintiff is a 78-year-old U. S. veteran who has since retired but re-entered the work
force to drive a school bus for the Palm Beach County School Board for the past five
years as a result of his love for children.
2. He has brought a claim for personal injuries as a result of an automobile accident with
the Defendant on January 14, 2020.
3. His wife Ruth of 50 years filed a loss of consortium claim.
4. This is a case of clear liability with no applicable comparative fault defenses or seat
belt defenses.
5. Defendant unfortunately has only a limited amount of coverage of insurance.
1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/01/2021 03:10:01 PM ***10.
11.
Plaintiff was diagnosed with objective findings of spinal disc herniations with cord
impingement and a 7% permanent impairment by Orthopedic Surgeon, Dr. Gary
Wexler.
Past and future medicals far exceed the limited coverage available that has not been
tendered after several opportunities provided.
Additionally, multiple Proposals of Settlement had been provided to the Defendant
within the limited coverage to expedite amicable resolution for the elderly Plaintiffs
during these challenging times.
Defendant has attempted to “nickel and dime” and delay a straightforward claim that
should have been resolved immediately but instead has sought to exploit vulnerable
seniors.
Prior to filing suit, Defendant was provided access to meet and speak with Mr. and
Mrs. Ruotolo, provided medical release forms, provided all medical records and
billings and all necessary information to quickly resolve the Plaintiff's claim within
the limited coverage. Instead, the Defendant began its pattern of delay, denial, and
exploitation in an attempt to intimidate the vulnerable seniors by forcing them into
unnecessary litigation.
No meaningful discussion can now take place at any scheduled mediation since
multiple Proposals for Settlement have been filed by the Plaintiff and have since
expired.12. There is only limited coverage which Defendant has refused to tender after multiple
opportunities and Defendant has made it clear that Defendant has no intent to tender
said coverage.
13. The only purpose to be sought by mediation would be for Defendant to attempt to
further intimidate the vulnerable senior Plaintiffs’ and force them during COVID-19
to attend a mediation that has no possibility to resolve the present claim.
14. Forced mediation would only serve to add additional expenses to a limited coverage
claim where there is no intent by the Defendant to amicably resolve the claim as set
forth by the above factual assertions.
WHEREFORE, the Plaintiffs’ respectfully requests this Honorable Court enter an order
granting their Motion to be Excused from Mediation.
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail pursuant to Florida Rule of Judicial Administration 2.516 using Florida Court’s
EFiling Portal to all counsel of record listed on this March 1, 2021.
THE RUSSO LAW FIRM
712 US. Hwy. | Suite 300-6
North Palm Beach, FL 33408
(561)684-5787
Primary Email: gary@russopa.com
Secondary Email: dilynn@russopa.com
Secondary Email: brittany@russopa.com
By: s/Gary Russo
GARY RUSSO, ESQ.
Florida Bar No: 0539480
NICHOLAS RUSSO, ESQ.
Florida Bar No: 0093635
Document Filed Date
January 15, 2038
Case Filing Date
September 18, 2020
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Filing # 122256759 E-Filed 03/01/2021 03:10:01 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 50-2020-CA-010129-XXXX-MB PHILIP RUOTOLO and RUTH RUOTOLO, his wife, Plaintiffs, vs. JAMES COACHMAN II, Defendant. / PLAINTIFFS’ MOTION TO BE EXCUSED FROM MEDIATION The Plaintiffs’, PHILIP RUOTOLO, and RUTH RUOTOLO, his wife, by and through their undersigned attorney, file this Motion to be excused from Mediation, and as grounds would state as follows: 1, Plaintiff is a 78-year-old U. S. veteran who has since retired but re-entered the work force to drive a school bus for the Palm Beach County School Board for the past five years as a result of his love for children. 2. He has brought a claim for personal injuries as a result of an automobile accident with the Defendant on January 14, 2020. 3. His wife Ruth of 50 years filed a loss of consortium claim. 4. This is a case of clear liability with no applicable comparative fault defenses or seat belt defenses. 5. Defendant unfortunately has only a limited amount of coverage of insurance. 1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/01/2021 03:10:01 PM ***10. 11. Plaintiff was diagnosed with objective findings of spinal disc herniations with cord impingement and a 7% permanent impairment by Orthopedic Surgeon, Dr. Gary Wexler. Past and future medicals far exceed the limited coverage available that has not been tendered after several opportunities provided. Additionally, multiple Proposals of Settlement had been provided to the Defendant within the limited coverage to expedite amicable resolution for the elderly Plaintiffs during these challenging times. Defendant has attempted to “nickel and dime” and delay a straightforward claim that should have been resolved immediately but instead has sought to exploit vulnerable seniors. Prior to filing suit, Defendant was provided access to meet and speak with Mr. and Mrs. Ruotolo, provided medical release forms, provided all medical records and billings and all necessary information to quickly resolve the Plaintiff's claim within the limited coverage. Instead, the Defendant began its pattern of delay, denial, and exploitation in an attempt to intimidate the vulnerable seniors by forcing them into unnecessary litigation. No meaningful discussion can now take place at any scheduled mediation since multiple Proposals for Settlement have been filed by the Plaintiff and have since expired.12. There is only limited coverage which Defendant has refused to tender after multiple opportunities and Defendant has made it clear that Defendant has no intent to tender said coverage. 13. The only purpose to be sought by mediation would be for Defendant to attempt to further intimidate the vulnerable senior Plaintiffs’ and force them during COVID-19 to attend a mediation that has no possibility to resolve the present claim. 14. Forced mediation would only serve to add additional expenses to a limited coverage claim where there is no intent by the Defendant to amicably resolve the claim as set forth by the above factual assertions. WHEREFORE, the Plaintiffs’ respectfully requests this Honorable Court enter an order granting their Motion to be Excused from Mediation. WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail pursuant to Florida Rule of Judicial Administration 2.516 using Florida Court’s EFiling Portal to all counsel of record listed on this March 1, 2021. THE RUSSO LAW FIRM 712 US. Hwy. | Suite 300-6 North Palm Beach, FL 33408 (561)684-5787 Primary Email: gary@russopa.com Secondary Email: dilynn@russopa.com Secondary Email: brittany@russopa.com By: s/Gary Russo GARY RUSSO, ESQ. Florida Bar No: 0539480 NICHOLAS RUSSO, ESQ. Florida Bar No: 0093635