On June 02, 100 a
Party Discovery
was filed
involving a dispute between
Ernestina De Armas,
Mario Salvador De Armas,
and
Charlie Will Mitchell,
Geico General Insurance Company,
for AUTO NEGLIGENCE
in the District Court of Palm Beach County.
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Filing # 114666508 E-Filed 10/08/2020 02:20:28 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ERNESTINA DE ARMAS; AND MARIO SALVADOR DE
ARMAS,
Plaintiffs
ve
CHARLIE WILL MITCHELL; AND GEICO GENERAL CIVIL DIVISION
INSURANCE COMPANY,
CASE NO.:
Defendants. 502020CA008922XXXXMB
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUEST FOR ADMISSIONS
The Plaintiff, MARIO SALVADOR DE ARMAS, by and through the undersigned counsel,
hereby files his response to Defendant, GEICO GENERAL INSURANCE COMPANY’s Request for
Admissions dated October 2, 2020, as follows:
1. At the time of the accident that is the subject of this lawsuit, the vehicle in which you
were riding had a fully operational seatbelt that was readily available for your use.
Admit.
2. At the time of the accident that is the subject of this lawsuit, the vehicle in which you
were riding had a fully operational shoulder harness that was readily available for your
use.
Admit.
3. You were not wearing a seatbelt at the time of this accident.
Deny.
4. Your failure to use a seatbelt produced or contributed to at least a portion of your
claimed injuries or damages.
Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the
time of the requisite accident.
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 10/08/2020 02:20:28 PM ***502020CA008922XXXXMB
5. Your claim is subject to the provisions of the "Florida Vehicle No-Fault Law".
Admit.
6. You have or had available No-Fault/PIP benefits paid or payable toward your claims for
medical bills and/or wage losses.
Admit.
7. You have exhausted your No-Fault/PIP benefits
Admit.
8. All PIP and/or medical payments coverage paid or payable for bills/losses incurred up
to the time of trial are properly characterized as collateral sources, to be set off against
any jury award for past medical expenses and past wage losses.
Plaintiff cannot admit or deny because the same requires a legal determination by the
trial court.
9. You did not incur any lost wages as a result of the accident, which is the subject matter
of this lawsuit.
Admit.
10. You did not incur any loss of earning capacity as a result of the accident, which is the
subject matter of this lawsuit.
Deny.
11. All or part of your medical bills incurred to date have been paid or are payable by your
No-Fault benefits.
Admit.
12. All or part of your lost wages incurred to date have been paid or are payable by your
available No-Fault benefits.
Deny.
13. You did not sustain a "threshold" injury, as defined by the Florida Motor Vehicle No-
Fault Law, in the incident alleged in your complaint.502020CA008922XXXXMB
Deny.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 8 day of October, 2020, to: Amy L. Das, Esq., The Law Offices of Jeffrey R.
Hickman at 1555 Palm Beach Lakes Blvd., Suite 100, West Palm Beach, FL 33401;
wpbgeico@geico.com
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiffs
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Phone: (305) 661-6000
Fax: (561) 232-2137
Email: tim@rubensteinlaw.com
jmolano@rubensteinlaw.com
eservice@rubensteinlaw.com
By: /s/ R. Timothy Vannatta
R. Timothy Vannatta
Florida Bar No.: 0055890
Document Filed Date
January 23, 2024
Case Filing Date
June 02, 100
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Filing # 114666508 E-Filed 10/08/2020 02:20:28 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ERNESTINA DE ARMAS; AND MARIO SALVADOR DE ARMAS, Plaintiffs ve CHARLIE WILL MITCHELL; AND GEICO GENERAL CIVIL DIVISION INSURANCE COMPANY, CASE NO.: Defendants. 502020CA008922XXXXMB / PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUEST FOR ADMISSIONS The Plaintiff, MARIO SALVADOR DE ARMAS, by and through the undersigned counsel, hereby files his response to Defendant, GEICO GENERAL INSURANCE COMPANY’s Request for Admissions dated October 2, 2020, as follows: 1. At the time of the accident that is the subject of this lawsuit, the vehicle in which you were riding had a fully operational seatbelt that was readily available for your use. Admit. 2. At the time of the accident that is the subject of this lawsuit, the vehicle in which you were riding had a fully operational shoulder harness that was readily available for your use. Admit. 3. You were not wearing a seatbelt at the time of this accident. Deny. 4. Your failure to use a seatbelt produced or contributed to at least a portion of your claimed injuries or damages. Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time of the requisite accident. *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 10/08/2020 02:20:28 PM ***502020CA008922XXXXMB 5. Your claim is subject to the provisions of the "Florida Vehicle No-Fault Law". Admit. 6. You have or had available No-Fault/PIP benefits paid or payable toward your claims for medical bills and/or wage losses. Admit. 7. You have exhausted your No-Fault/PIP benefits Admit. 8. All PIP and/or medical payments coverage paid or payable for bills/losses incurred up to the time of trial are properly characterized as collateral sources, to be set off against any jury award for past medical expenses and past wage losses. Plaintiff cannot admit or deny because the same requires a legal determination by the trial court. 9. You did not incur any lost wages as a result of the accident, which is the subject matter of this lawsuit. Admit. 10. You did not incur any loss of earning capacity as a result of the accident, which is the subject matter of this lawsuit. Deny. 11. All or part of your medical bills incurred to date have been paid or are payable by your No-Fault benefits. Admit. 12. All or part of your lost wages incurred to date have been paid or are payable by your available No-Fault benefits. Deny. 13. You did not sustain a "threshold" injury, as defined by the Florida Motor Vehicle No- Fault Law, in the incident alleged in your complaint.502020CA008922XXXXMB Deny. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 8 day of October, 2020, to: Amy L. Das, Esq., The Law Offices of Jeffrey R. Hickman at 1555 Palm Beach Lakes Blvd., Suite 100, West Palm Beach, FL 33401; wpbgeico@geico.com RUBENSTEIN LAW, P.A. Attorneys for Plaintiffs 9130 S. Dadeland Blvd, PH Miami, FL 33156 Phone: (305) 661-6000 Fax: (561) 232-2137 Email: tim@rubensteinlaw.com jmolano@rubensteinlaw.com eservice@rubensteinlaw.com By: /s/ R. Timothy Vannatta R. Timothy Vannatta Florida Bar No.: 0055890