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Filing # 135901735 E-Filed 10/05/2021 09:34:35 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR
CITRUS COUNTY, FLORIDA
DORATTA WATT and ALYSSA WATT, a
minor by and through her Parent and Natural
Guardian, DORATTA WATT,
Plaintiffs, CASE NO: 21-CA-513
CIVIL DIVISION
v.
PROGRESSIVE AMERICAN
INSURANCE COMPANY,
Defendant.
/
REQUEST FOR ADMISSIONS TO PLAINTIFF, DORATTA WATT
Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, by and through the
undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests the Plaintiffs,
DORATTA WATT, 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 incident described in the Complaint.
2. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida
Statute 627.736 of Florida Statute 768.76, for medical bills alleged to have been incurred as a result
of the incident described 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.
4. Plaintiff is 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.Case No: 21-CA-513
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 of wages or income alleged to have been sustained as a result
of the incident described 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. Plaintiff received 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.
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.
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.Case No: 21-CA-513
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 incident described 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/shoulder harness restraint system.
18. Plaintiff’s use of the available functional and operational seat 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 alleged by 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 of the incident described in the Complaint, Plaintiff complied
with the provisions and security requirements set forth in Florida Statute 627.733.
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 andCase No: 21-CA-513
necessary medical expenses incurred and sixty (60%) percent of loss of income 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. Asa result of the collision which is the subjective of this litigation you were not
permanently injured.
23. One or more of your medical providers has a letter of 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 impairment rating 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.
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.Case No: 21-CA-513
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 October 5, 2021 to Christopher Borzell, Esquire, Morgan & Morgan,
Tampa, P.A., Attorney for Plaintiffs, Doratta Watt and Alyssa Watt, a minor by and through her
Parent and Natural Guardian, Doratta Watt, CTBPleadings@forthepeople.com;
cborzell@forthepeople.com.
Law Office of Terry! Blackmon Walker
Attorneys for Defendant
600 North Westshore Blvd., Suite 300
Tampa, FL 33609
(813) 371-4024 (Asst.)/(813) 371-3945 (Direct)
Fax: (866) 516-8617
SERVICE DESIGNATIONS:
Primary: TampaHC@progressive.com
Secondary: Christopher_Ballard@progressive.com
By:
CHRISTOPHER M. BALLARD, ESQUIRE
Florida Bar No. 10274
‘Salaried Employees of Progressive Casualty Insurance Company”
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Filing # 135901735 E-Filed 10/05/2021 09:34:35 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA DORATTA WATT and ALYSSA WATT, a minor by and through her Parent and Natural Guardian, DORATTA WATT, Plaintiffs, CASE NO: 21-CA-513 CIVIL DIVISION v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / REQUEST FOR ADMISSIONS TO PLAINTIFF, DORATTA WATT Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.370, requests the Plaintiffs, DORATTA WATT, 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 incident described in the Complaint. 2. Plaintiff is entitled to receive benefits from a collateral source, as defined by Florida Statute 627.736 of Florida Statute 768.76, for medical bills alleged to have been incurred as a result of the incident described 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. 4. Plaintiff is 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.Case No: 21-CA-513 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 of wages or income alleged to have been sustained as a result of the incident described 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. Plaintiff received 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. 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. 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.Case No: 21-CA-513 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 incident described 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/shoulder harness restraint system. 18. Plaintiff’s use of the available functional and operational seat 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 alleged by 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 of the incident described in the Complaint, Plaintiff complied with the provisions and security requirements set forth in Florida Statute 627.733. 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 andCase No: 21-CA-513 necessary medical expenses incurred and sixty (60%) percent of loss of income 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. Asa result of the collision which is the subjective of this litigation you were not permanently injured. 23. One or more of your medical providers has a letter of 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 impairment rating 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. 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.Case No: 21-CA-513 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 October 5, 2021 to Christopher Borzell, Esquire, Morgan & Morgan, Tampa, P.A., Attorney for Plaintiffs, Doratta Watt and Alyssa Watt, a minor by and through her Parent and Natural Guardian, Doratta Watt, CTBPleadings@forthepeople.com; cborzell@forthepeople.com. Law Office of Terry! Blackmon Walker Attorneys for Defendant 600 North Westshore Blvd., Suite 300 Tampa, FL 33609 (813) 371-4024 (Asst.)/(813) 371-3945 (Direct) Fax: (866) 516-8617 SERVICE DESIGNATIONS: Primary: TampaHC@progressive.com Secondary: Christopher_Ballard@progressive.com By: CHRISTOPHER M. BALLARD, ESQUIRE Florida Bar No. 10274 ‘Salaried Employees of Progressive Casualty Insurance Company”