On August 31, 2021 a
Party Discovery
was filed
involving a dispute between
Hincapie, Adriana,
Hincapie, Nicolas,
and
State Farm Mutual Automobile Insurance Company,
Wezkiewicz, Joseph Bernard, Iii,
for Auto Negligence
in the District Court of Broward County.
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Filing# 136557005 E-Filed 10/14/2021 12:44:50 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ADRIANA HINCAPIE AND NICOLAS CIVIL DIVISION
HINCAPIE,
CASE NO.: CACE-21-016648
Plaintiffs
V
JOSEPH BERNARD WEZKIEWICZ,
Defendant.
'
PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR ADMISSIONS
The Plaintiff,ADRIANA HINCAPIE, by and through the undersigned counsel and in
compliance with Rule 1.370, Florida Rules of Civil Procedure, hereby files her response to
Defendant, JOSEPH BERNARD ZKIEWICZ's Request for Admissions dated September 14,
2021, as follows:
1. The Plaintiff never saw the Defendant's vehicle priorto the accident as more fully
described in the Plaintiff(s) "SubjectAccident")in this lawsuit.
Complaint (hereinafter
RESPONSE:
Denied to the extent that ADRIANA HINCAPIE does seeing the
recall
Defendant's motor vehicle at some point within seconds of sustainingthe impact.
2. The Plaintiff was unaware that an accident was about to happen before feelingthe
impact in the SubjectAccident.
RESPONSE:
Please refer to the Plaintiff's [ADRIANA HINCAPIE] Response to Request No.
(1) above.
3. The Plaintiff,or someone acting on behalf of the Plaintiff,took photographs of the
vehicles at the scene of the SubjectAccident.
RESPONSE:
Admitted.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/14/2021 12:44:49 PM.****
CACE-21-016648
4. The vehicle in which the Plaintiff was a driver or occupant was equipped with a fully
operationalseatbelt at the time of the SubjectAccident.
RESPONSE:
Admitted.
5. The Plaintiff was not wearing a seatbelt at the time of the SubjectAccident.
RESPONSE:
Denied.
6. The Plaintiffs failure to wear his/her seatbelt contributed to the Plaintiff's injuries
claimed in this lawsuit.
RESPONSE:
Denied.
7. Wearing a seatbelt would have preventedthe Plaintiff's body from striking
the interior
of the vehicle at the time of the SubjectAccident.
RESPONSE:
Objection
- The Plaintiff is unable to admit or deny the request as phrased
because it assumes facts,namely that Plaintiff was not wearing a seatbelt and then
asks for the Plaintiff to speculate on the potentialeffect of not wearing a seatbelt
would have, if any, on the Plaintiff's alleged injuries. Thus, the request is
improper.
Plaintiff further objects to the request as phrased because it requires the Plaintiff
to provide expert opinions on matters and issues outside the scope of Plaintiff's
personal knowledge, training,and/or experience.
8. The Plaintiff is not making a past wage loss claim in this lawsuit as a result of the
SubjectAccident.
RESPONSE:
Admitted.
-2-
CACE-21-016648
9. The Plaintiff is notmaking a future loss of earningcapacityclaim in this lawsuit as a
result of the SubjectAccident.
RESPONSE:
Admitted.
10. The Plaintiff had a cellular phone located within his/her vehicle at the time of the
SubjectAccident.
RESPONSE:
Admitted.
11. The Plaintiff was physicallyholding a cellular phone at the time of the Subject
Accident.
RESPONSE:
Denied.
12. The Plaintiff was using a cellular phone (even ifhands-free)at the time of the Subject
Accident.
RESPONSE:
Denied.
13. The Plaintiff was textingon a cellular phone at the time of the Subject Accident.
RESPONSE:
Denied.
14. The Plaintiff's negligencecaused the SubjectAccident.
RESPONSE:
Denied.
-3-
CACE-21-016648
15. The Plaintiff's negligencecontributed to the SubjectAccident.
RESPONSE:
Denied.
16. The Plaintiff's being claimed in this lawsuit are an aggravationof pre-existing
injuries
injuries.
RESPONSE:
Denied.
17. The Plaintiff had $10,000.00 in Personal InjuryProtection (PIP) benefits available to
him/her for the SubjectAccident.
RESPONSE:
Admitted.
18. The Plaintiff exhausted his/her Personal InjuryProtection (PIP)benefits relating
to the
SubjectAccident.
RESPONSE:
Admitted.
19. The Plaintiffhad $5,000.00 Medical Payments (Med Pay) benefits available to him/her
relatingfor the SubjectAccident.
RESPONSE:
Denied.
20. The Plaintiff exhausted his/her Medical Payments (Med Pay) benefits relatingto the
SubjectAccident.
RESPONSE:
Denied.
-4-
CACE-21-016648
21. The Plaintiffhad health insurance at the time of the SubjectAccident.
RESPONSE:
Admitted.
22. The Plaintiff had Medicare benefits available to him/her at the time of the Subject
Accident.
RESPONSE:
Denied.
23. The Plaintiff had Medicaid benefits available to him/her at the time of the Subject
Accident.
RESPONSE:
Denied.
24. The Plaintiffwas on Social SecurityDisabilityat the time ofthe SubjectAccident.
RESPONSE:
Denied.
25. The Plaintiff applied for Social Security Disabilitybenefits prior to the Subject
Accident.
RESPONSE:
Denied.
-5-
CACE-21-016648
26. The Plaintiff gave a copy of the Plaintiff's health insurance card to the Plaintiff's
to the treatment sought as a result ofthe SubjectAccident.
healthcare providersrelating
RESPONSE:
Admitted to the extent that if asked by her treating healthcare providers to
provide a copy of her insurance card, Plaintiff would have complied; however,
Plaintiff is unable to truthfullyadmit or deny the request as she does not have any
specificrecollection of providing her insurance card to any of her treating
healthcare providers at this time. Additionally, the Plaintiff defers to her medical
records to more completely respond to the Defendant's request.
27. The Plaintiff advised his/her healthcare providersof his/her health insurance coverage
to the treatment sought as a result of the SubjectAccident.
relating
RESPONSE:
Please refer to Plaintiff's Response to Request Number (26) above.
28. The Plaintiffspecifically
chose not to utilize available health insurance benefits relating
to the treatment sought as a result of the SubjectAccident.
RESPONSE:
Denied.
29. The Plaintiff has not paid any monies out-of-pocket
for the medical bills incurred by
the Plaintiff as a result of the SubjectAccident.
RESPONSE:
Admitted.
30. The Plaintiffhas not received any collection letters from health care providersrelating
to the medical bills incurred by the Plaintiff as a result of the SubjectAccident.
RESPONSE:
Admitted.
-6-
CACE-21-016648
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 1*h day of October 2021, to: Sheri L. Critelli,Esq., Nicholas J. Ryan &
Associates, 110 SE 6th Street, Suite 2100, Fort Lauderdale, FL 33301; flor.law-
shericritelli.2980 19@statefarm.com.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiffs
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Phone: (305) 661-6000
Fax: (754) 206-6234
Email: khouston@rubensteinlaw.corn
emsantana@rubensteinlaw.com
eservice@rubensteinlaw.com
Byr isi Kevin Houston
Kevin Houston
Florida Bar No.. 0610321
-7-
Document Filed Date
October 14, 2021
Case Filing Date
August 31, 2021
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Filing# 136557005 E-Filed 10/14/2021 12:44:50 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ADRIANA HINCAPIE AND NICOLAS CIVIL DIVISION HINCAPIE, CASE NO.: CACE-21-016648 Plaintiffs V JOSEPH BERNARD WEZKIEWICZ, Defendant. ' PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR ADMISSIONS The Plaintiff,ADRIANA HINCAPIE, by and through the undersigned counsel and in compliance with Rule 1.370, Florida Rules of Civil Procedure, hereby files her response to Defendant, JOSEPH BERNARD ZKIEWICZ's Request for Admissions dated September 14, 2021, as follows: 1. The Plaintiff never saw the Defendant's vehicle priorto the accident as more fully described in the Plaintiff(s) "SubjectAccident")in this lawsuit. Complaint (hereinafter RESPONSE: Denied to the extent that ADRIANA HINCAPIE does seeing the recall Defendant's motor vehicle at some point within seconds of sustainingthe impact. 2. The Plaintiff was unaware that an accident was about to happen before feelingthe impact in the SubjectAccident. RESPONSE: Please refer to the Plaintiff's [ADRIANA HINCAPIE] Response to Request No. (1) above. 3. The Plaintiff,or someone acting on behalf of the Plaintiff,took photographs of the vehicles at the scene of the SubjectAccident. RESPONSE: Admitted. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/14/2021 12:44:49 PM.**** CACE-21-016648 4. The vehicle in which the Plaintiff was a driver or occupant was equipped with a fully operationalseatbelt at the time of the SubjectAccident. RESPONSE: Admitted. 5. The Plaintiff was not wearing a seatbelt at the time of the SubjectAccident. RESPONSE: Denied. 6. The Plaintiffs failure to wear his/her seatbelt contributed to the Plaintiff's injuries claimed in this lawsuit. RESPONSE: Denied. 7. Wearing a seatbelt would have preventedthe Plaintiff's body from striking the interior of the vehicle at the time of the SubjectAccident. RESPONSE: Objection - The Plaintiff is unable to admit or deny the request as phrased because it assumes facts,namely that Plaintiff was not wearing a seatbelt and then asks for the Plaintiff to speculate on the potentialeffect of not wearing a seatbelt would have, if any, on the Plaintiff's alleged injuries. Thus, the request is improper. Plaintiff further objects to the request as phrased because it requires the Plaintiff to provide expert opinions on matters and issues outside the scope of Plaintiff's personal knowledge, training,and/or experience. 8. The Plaintiff is not making a past wage loss claim in this lawsuit as a result of the SubjectAccident. RESPONSE: Admitted. -2- CACE-21-016648 9. The Plaintiff is notmaking a future loss of earningcapacityclaim in this lawsuit as a result of the SubjectAccident. RESPONSE: Admitted. 10. The Plaintiff had a cellular phone located within his/her vehicle at the time of the SubjectAccident. RESPONSE: Admitted. 11. The Plaintiff was physicallyholding a cellular phone at the time of the Subject Accident. RESPONSE: Denied. 12. The Plaintiff was using a cellular phone (even ifhands-free)at the time of the Subject Accident. RESPONSE: Denied. 13. The Plaintiff was textingon a cellular phone at the time of the Subject Accident. RESPONSE: Denied. 14. The Plaintiff's negligencecaused the SubjectAccident. RESPONSE: Denied. -3- CACE-21-016648 15. The Plaintiff's negligencecontributed to the SubjectAccident. RESPONSE: Denied. 16. The Plaintiff's being claimed in this lawsuit are an aggravationof pre-existing injuries injuries. RESPONSE: Denied. 17. The Plaintiff had $10,000.00 in Personal InjuryProtection (PIP) benefits available to him/her for the SubjectAccident. RESPONSE: Admitted. 18. The Plaintiff exhausted his/her Personal InjuryProtection (PIP)benefits relating to the SubjectAccident. RESPONSE: Admitted. 19. The Plaintiffhad $5,000.00 Medical Payments (Med Pay) benefits available to him/her relatingfor the SubjectAccident. RESPONSE: Denied. 20. The Plaintiff exhausted his/her Medical Payments (Med Pay) benefits relatingto the SubjectAccident. RESPONSE: Denied. -4- CACE-21-016648 21. The Plaintiffhad health insurance at the time of the SubjectAccident. RESPONSE: Admitted. 22. The Plaintiff had Medicare benefits available to him/her at the time of the Subject Accident. RESPONSE: Denied. 23. The Plaintiff had Medicaid benefits available to him/her at the time of the Subject Accident. RESPONSE: Denied. 24. The Plaintiffwas on Social SecurityDisabilityat the time ofthe SubjectAccident. RESPONSE: Denied. 25. The Plaintiff applied for Social Security Disabilitybenefits prior to the Subject Accident. RESPONSE: Denied. -5- CACE-21-016648 26. The Plaintiff gave a copy of the Plaintiff's health insurance card to the Plaintiff's to the treatment sought as a result ofthe SubjectAccident. healthcare providersrelating RESPONSE: Admitted to the extent that if asked by her treating healthcare providers to provide a copy of her insurance card, Plaintiff would have complied; however, Plaintiff is unable to truthfullyadmit or deny the request as she does not have any specificrecollection of providing her insurance card to any of her treating healthcare providers at this time. Additionally, the Plaintiff defers to her medical records to more completely respond to the Defendant's request. 27. The Plaintiff advised his/her healthcare providersof his/her health insurance coverage to the treatment sought as a result of the SubjectAccident. relating RESPONSE: Please refer to Plaintiff's Response to Request Number (26) above. 28. The Plaintiffspecifically chose not to utilize available health insurance benefits relating to the treatment sought as a result of the SubjectAccident. RESPONSE: Denied. 29. The Plaintiff has not paid any monies out-of-pocket for the medical bills incurred by the Plaintiff as a result of the SubjectAccident. RESPONSE: Admitted. 30. The Plaintiffhas not received any collection letters from health care providersrelating to the medical bills incurred by the Plaintiff as a result of the SubjectAccident. RESPONSE: Admitted. -6- CACE-21-016648 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 1*h day of October 2021, to: Sheri L. Critelli,Esq., Nicholas J. Ryan & Associates, 110 SE 6th Street, Suite 2100, Fort Lauderdale, FL 33301; flor.law- shericritelli.2980 19@statefarm.com. RUBENSTEIN LAW, P.A. Attorneys for Plaintiffs 9130 S. Dadeland Blvd, PH Miami, FL 33156 Phone: (305) 661-6000 Fax: (754) 206-6234 Email: khouston@rubensteinlaw.corn emsantana@rubensteinlaw.com eservice@rubensteinlaw.com Byr isi Kevin Houston Kevin Houston Florida Bar No.. 0610321 -7-