Preview
Filing # 130955839 E-Filed 07/19/2021 04:20:29 PM
IN THE CIRCUIT COURT OF THE 17 th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
YVONNE MARIE LEE
Plaintiff,
V
CASE NO: CACE-21-010548 (18)
NICHOLE O'DAY AND CRAIG ANDREW CIVIL DIVISION
STERN
Defendant,
i
REQUEST FOR ADMISSIONS TO PLAINTIFF, YVONNE MARIE LEE
Defendants, NICHOLE O'DAY AND CRAIG ANDREW STERN, by and through the
undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, request the Plaintiff,
YVONNE MARIE LEE, 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 627.736 or Florida Statute 768.76, for medical bills alleged to have been incurred as a result
of the incidentdescribed in the Complaint.
2. Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida
Statute 627.736 ofFloridaStatute 768.76, for medical bills alleged to have been incurred as a result
of the incidentdescribed in the Complaint.
3 Plaintiff received benefits from a collateral source, as defined by Florida
Statute 627.736 or 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.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/19/2021 04:20:28 PM.****
Case No: CACE-21-010548 (18)
4. Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida
Statute 627.736 or 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.
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 the
automobile insurance policy for loss ofwages or income alleged to have been sustained as a result
of the incidentdescribed in the Complaint.
8 Plaintiff is entitled to receive benefits under the Personal Injury Protection portion
of the 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- Plaintiffreceivedbenefits under the medical payments provisions o f an automobile
insurance policy for medical bills alleged to have been incurred as a result ofthe 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.
Case No: CACE-21-010548 (18)
12. Plaintiff received benefits pursuant to a personal or group health insurance policy
or policies, 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 a personal or group health
insurance policy or policies, 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 incidentdescribed in the Complaint.
16. 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.
17. Plaintiff, at the time and place of the incident described in the Complaint was not
using the available functional and operational seat belt/shoulderharness restraint system.
18. Plaintiff's use ofthe available functional and operationalseat 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 allegedby the Plaintiff.
19. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute
Sections 627.730 -
627.7405.
20. At the time and place ofthe incident described in the Complaint, Plaintiff complied
with the provisions and security requirements set forth in Florida Statute 627.733.
Case No: CACE-21-010548 (18)
21. 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 ofincome or earning capacity
from inability to work as a result of the injury sustained from the incident described in the
Complaint to a maximum of Ten Thousand Dollars ($10,000.00).
22. As a result of the collision which is the subjective of this litigation you were not
permanentlyinjured.
23. One or more o f your medical providers has a letter o f protection in their favor, for
your care and/or treatment, as a result of the incident which is the subject matter of the above
captioned matter.
24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has suffered from the same injuries and/or conditions for which she is claiming in this
matter.
25. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff was assigned a permanent impairmentrating by a physician.
26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has been involved in a motor vehicle accident in which she injured the same parts of her
body for which she is claiming injury in this matter.
27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which
she is claiming in this matter.
Case No: CACE-21-010548 (18)
28. After the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has been involved in a motor vehicle accident in which she injured the same parts of her
body for which she is claiming injury in this matter.
29. After the date of the motor vehicle accident, which is the subject of this lawsuit,
Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which
she is claiming in this matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on
July 19, 2021 to Robert C. Solomon, Esq., Law Office Of Saban &
Solomon, Attorney for Plaintiff, Yvonne Marie Lee,
firm.com, (954) 577-2878/(954) 577-2215 (F).
Law Offices of Michael W. Carroll
Attorneys for Defendants
3230 West Commercial Blvd., Suite 400
Fort Lauderdale, FL 33309
(954) 903-6575 (Asst.)/(954) 903-6609 (Direct)
Fax: (866) 841-8921
SERVICE DESIGNATIONS:
Primary
Secondary:
E.vl Caicau
By-
EMILIO CACACE, ESQUIRE
Florida Bar No. 63848
"Salaried EmployeesofProgressiveCasualty Imurance Company"
Preview
Filing # 130955839 E-Filed 07/19/2021 04:20:29 PM IN THE CIRCUIT COURT OF THE 17 th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA YVONNE MARIE LEE Plaintiff, V CASE NO: CACE-21-010548 (18) NICHOLE O'DAY AND CRAIG ANDREW CIVIL DIVISION STERN Defendant, i REQUEST FOR ADMISSIONS TO PLAINTIFF, YVONNE MARIE LEE Defendants, NICHOLE O'DAY AND CRAIG ANDREW STERN, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, request the Plaintiff, YVONNE MARIE LEE, 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 627.736 or Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incidentdescribed in the Complaint. 2. Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 ofFloridaStatute 768.76, for medical bills alleged to have been incurred as a result of the incidentdescribed in the Complaint. 3 Plaintiff received benefits from a collateral source, as defined by Florida Statute 627.736 or 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. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/19/2021 04:20:28 PM.**** Case No: CACE-21-010548 (18) 4. Plaintiffis entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 or 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. 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 the automobile insurance policy for loss ofwages or income alleged to have been sustained as a result of the incidentdescribed in the Complaint. 8 Plaintiff is entitled to receive benefits under the Personal Injury Protection portion of the 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- Plaintiffreceivedbenefits under the medical payments provisions o f an automobile insurance policy for medical bills alleged to have been incurred as a result ofthe 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. Case No: CACE-21-010548 (18) 12. Plaintiff received benefits pursuant to a personal or group health insurance policy or policies, 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 a personal or group health insurance policy or policies, 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 incidentdescribed in the Complaint. 16. 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. 17. Plaintiff, at the time and place of the incident described in the Complaint was not using the available functional and operational seat belt/shoulderharness restraint system. 18. Plaintiff's use ofthe available functional and operationalseat 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 allegedby the Plaintiff. 19. This action is subject to the Florida Motor Vehicle No-Fault Law, Florida Statute Sections 627.730 - 627.7405. 20. At the time and place ofthe incident described in the Complaint, Plaintiff complied with the provisions and security requirements set forth in Florida Statute 627.733. Case No: CACE-21-010548 (18) 21. 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 ofincome or earning capacity from inability to work as a result of the injury sustained from the incident described in the Complaint to a maximum of Ten Thousand Dollars ($10,000.00). 22. As a result of the collision which is the subjective of this litigation you were not permanentlyinjured. 23. One or more o f your medical providers has a letter o f protection in their favor, for your care and/or treatment, as a result of the incident which is the subject matter of the above captioned matter. 24. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has suffered from the same injuries and/or conditions for which she is claiming in this matter. 25. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff was assigned a permanent impairmentrating by a physician. 26. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has been involved in a motor vehicle accident in which she injured the same parts of her body for which she is claiming injury in this matter. 27. Prior to the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which she is claiming in this matter. Case No: CACE-21-010548 (18) 28. After the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has been involved in a motor vehicle accident in which she injured the same parts of her body for which she is claiming injury in this matter. 29. After the date of the motor vehicle accident, which is the subject of this lawsuit, Plaintiff has made a claim and/or filed a lawsuit for the same injuries and/or conditions for which she is claiming in this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Mail on July 19, 2021 to Robert C. Solomon, Esq., Law Office Of Saban & Solomon, Attorney for Plaintiff, Yvonne Marie Lee, firm.com, (954) 577-2878/(954) 577-2215 (F). Law Offices of Michael W. Carroll Attorneys for Defendants 3230 West Commercial Blvd., Suite 400 Fort Lauderdale, FL 33309 (954) 903-6575 (Asst.)/(954) 903-6609 (Direct) Fax: (866) 841-8921 SERVICE DESIGNATIONS: Primary Secondary: E.vl Caicau By- EMILIO CACACE, ESQUIRE Florida Bar No. 63848 "Salaried EmployeesofProgressiveCasualty Imurance Company"