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 # 130441285 E-Filed 07/12/2021 11:50:42 AM
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
v.
CHARLIE WILL MITCHELL; AND GEICO CIVIL DIVISION
GENERAL INSURANCE COMPANY,
CASE NO.:
Defendants. 502020CA008922XXXXMB
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S RE!
FOR ADMISSIONS
The Plaintiff, ERNESTINA E DE ARMAS, by and through the undersigned counsel,
hereby files her response to Defendant, CHARLIE WILL MITCHELL’s Request for
Admissions dated June 17, 2021, as follows:
1. The vehicle in which you were a passenger at the time of the accident was equipped
with a seat belt for your seat that functioned as both a lap belt and a shoulder harness
Admit.
2. The vehicle in which you were a passenger at the time of the accidents was equipped
with a fully operational seat belt for your seat that functioned as both a lap belt and
a shoulder harness
Admit.
3. You were not wearing a seat belt at the time of the accident.
Deny.
4. Wearing your seat belt would have prevented you from striking any part of your body
against any portion of the interior of the vehicle
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 JOSEPH ABRUZZO, CLERK. 07/12/2021 11:50:42 AM ***502020CA008922XXXXMB
5. You would not have been injured in the accident complained of if you had been
wearing your seat belt.
Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time
of the requisite accident.
6. You would not have been injured as severely if you had been wearing your seat belt.
Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time
of the requisite accident.
7. All the injuries you complain of as a result of this accident could have been avoided if
you had been wearing your seat belt.
Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time
of the requisite accident.
8. Some of the injuries that you complain of as a result of this accident could have been
avoided if you had been wearing your seat belt.
Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time
of the requisite accident.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 12" day of July, 2021, 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 and Bruce Trybus, Esq., and Caroline Lewis, Esq., Cooney Trybus
Kwavnick Peets, attorney for Defendant, Charlie Will Mitchell, 1600 West Commercial Blvd,
Suite 200, Fort Lauderdale, FL 33309;
reception@ctkplaw.com, yhall@ctkplaw.com, clewis@ctkplaw.com,
ngordon@ctkplaw.com502020CA008922XXXXMB
RUBENSTEIN LAW, P.A.
Attomeys for Plaintiff
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Phone: (305) 661-6000
Fax: (561) 232-2137
Email: phunt@rubensteinlaw.com
jmolano@rubensteinlaw.com
eservice@rubensteinlaw.com
By: _/s/ Peter Hunt
Peter Hunt
Florida Bar No.: 107350
Document Filed Date
January 15, 2069
Case Filing Date
June 02, 100
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Filing # 130441285 E-Filed 07/12/2021 11:50:42 AM 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 v. CHARLIE WILL MITCHELL; AND GEICO CIVIL DIVISION GENERAL INSURANCE COMPANY, CASE NO.: Defendants. 502020CA008922XXXXMB / PLAINTIFF’S RESPONSE TO DEFENDANT’S RE! FOR ADMISSIONS The Plaintiff, ERNESTINA E DE ARMAS, by and through the undersigned counsel, hereby files her response to Defendant, CHARLIE WILL MITCHELL’s Request for Admissions dated June 17, 2021, as follows: 1. The vehicle in which you were a passenger at the time of the accident was equipped with a seat belt for your seat that functioned as both a lap belt and a shoulder harness Admit. 2. The vehicle in which you were a passenger at the time of the accidents was equipped with a fully operational seat belt for your seat that functioned as both a lap belt and a shoulder harness Admit. 3. You were not wearing a seat belt at the time of the accident. Deny. 4. Wearing your seat belt would have prevented you from striking any part of your body against any portion of the interior of the vehicle 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 JOSEPH ABRUZZO, CLERK. 07/12/2021 11:50:42 AM ***502020CA008922XXXXMB 5. You would not have been injured in the accident complained of if you had been wearing your seat belt. Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time of the requisite accident. 6. You would not have been injured as severely if you had been wearing your seat belt. Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time of the requisite accident. 7. All the injuries you complain of as a result of this accident could have been avoided if you had been wearing your seat belt. Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time of the requisite accident. 8. Some of the injuries that you complain of as a result of this accident could have been avoided if you had been wearing your seat belt. Plaintiff cannot admit or deny as phrased because she was wearing her seatbelt at the time of the requisite accident. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 12" day of July, 2021, 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 and Bruce Trybus, Esq., and Caroline Lewis, Esq., Cooney Trybus Kwavnick Peets, attorney for Defendant, Charlie Will Mitchell, 1600 West Commercial Blvd, Suite 200, Fort Lauderdale, FL 33309; reception@ctkplaw.com, yhall@ctkplaw.com, clewis@ctkplaw.com, ngordon@ctkplaw.com502020CA008922XXXXMB RUBENSTEIN LAW, P.A. Attomeys for Plaintiff 9130 S. Dadeland Blvd, PH Miami, FL 33156 Phone: (305) 661-6000 Fax: (561) 232-2137 Email: phunt@rubensteinlaw.com jmolano@rubensteinlaw.com eservice@rubensteinlaw.com By: _/s/ Peter Hunt Peter Hunt Florida Bar No.: 107350