On July 08, 1984 a
Party Discovery
was filed
involving a dispute between
Yue, Xiao,
and
Chapp, Inc.,
Foerster, Cynthia,
for CIRCUIT CIVIL
in the District Court of Osceola County.
Preview
Filing # 109772187 E-Filed 07/03/2020 12:59:13 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2020 CA 001106 AN
HON. MARGARET H. SCHREIBER
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M FOERSTER AND
CHAPP, INC.,
Defendants.
—aeesa(i(i‘iésOOC
PLAINTIFF'S RESPONSE TO DEFENDANTS' REQUESTS FOR ADMISSIONS
COMES NOW the Plaintiff, XIAO SHENG YUE, by and through the undersigned
attorneys, and in response to the Defendants', CYNTHIA M FOERSTER AND CHAPP, INC.,
Requests for Admissions served on or about May 12, 2020, and states as follows:
1. The vehicle you occupied at the time of the subject accident was equipped with
available and fully operational seat belts.
RESPONSE: Admitted.
2. You were not wearinga seat belt at the time of the subject accident.
RESPONSE: Denied.
3. You have received and/or are entitled to recetve Personal Injury Protection as a result
of the subject accident.
RESPONSE: Admitted.
4. You have received and/or are entitled to recetve Medical Payments Coverage
benefits as a result of the subject accident.
RESPONSE: Admitted.
5. You sustained no permanent injury as a result ofthe subject accident.
RESPONSE: Denied.
6. No medical provider has expressed a medical opinion that you sustained a
permanent injury as a result of the subject accident.
RESPONSE: After reasonable inquiry, unable to admit or deny.
7. You received no permanent and/or significant scarring as a result of the subject
accident.
RESPONSE: Objection, overly broad, vague and confusing as to what scarring may be
defined as and its capacity given the facts of medical treatment I have received..
8. You were not gainfully employed at the time of the subject accident.
RESPONSE: Objection, Plaintiff is not making a claim for lost wages.
9. You did not lose any wages or income as a result of the subject accident.
RESPONSE: Objection, Plaintiff is not making a claim for lost wages.
10. Your earning capacity was not reduced or impaired as a result of the subject
accident.
RESPONSE: Objection, Plaintiff is not making a claim for lost wages.
11. Your ability to enjoy life has not been reduced as a result of the subject accident.
RESPONSE: Denied.
12. You were involved in one or more motor vehicle accidents prior to the subject
accident.
RESPONSE: Admitted.
13. You sustained significant and permanent injuries in a prior motor vehicle
accident.
RESPONSE: After reasonable inquiry, unable to admit or deny.
14. You have been involved in one or more motor vehicle accidents subsequent to the
subject motor vehicle accident.
RESPONSE: Denied.
15. You sustained significant and permanent injuries in a motor vehicle accident
subsequent to the subject motor vehicle accident.
RESPONSE: Denied.
16. You have been in one or more slip/trip and fall type or other non-motor vehicle
related incidents prior to the subject motor vehicle accident.
RESPONSE: Objection; compound, vague and confusing.
17. You sustained significant and permanent injuries in the prior slip/trip and fall type
or other non-motor vehicle related incident(s).
RESPONSE: Objection; compound, vague and confusing.
18. You have been involved in one or more slip/trip and fall type or other non-motor
vehicle incidents subsequent to the subject motor vehicle accident.
RESPONSE: Objection; compound, vague and confusing.
19. You sustained significant and permanent injuries in the subsequent slip/trip and
fall type or other non-motor vehicle related incident(s).
RESPONSE: Objection; compound, vague and confusing.
20. Some or all of the injuries you are claiming damages for in this matter pre-existed
the subject accident.
RESPONSE: Objection; overly broad, compound and vague.
21. You have a prior felony conviction.
RESPONSE: Denied.
22. Youhave a prior conviction involving dishonest or false statement.
RESPONSE: Denied.
23. You have turned down work you were physically able to perform since the date of
the subject accident.
RESPONSE: Objection; overly broad and confusing.
24. You are presently able to perform numerous light duty tasks.
RESPONSE: Objection; overly broad, vague, compound and note limited in time and scope.
25. You were exceeding the posted speed limit at the time of the subject accident.
RESPONSE: Denied.
26. | You were making an improper turn at time of the subject accident.
RESPONSE: Denied.
27. You were not familiar with the street or surroundings at the location in which the
subject accident occurred.
RESPONSE: Denied.
28. You were talking on a cellular telephone at the time of the accident.
RESPONSE: Denied.
29. The vehicle you were in at the time of the subject accident was equipped with
available and fully operational airbag(s).
RESPONSE; Admitted.
30. Aside from this lawsuit, you have been a party to one or more other lawsuit(s).
RESPONSE: Admitted.
31. You have filed one or more workers compensation claims.
RESPONSE: Objection; this exceeds the allowable requests in accordance with Florida Rules
of Civil Procedure.
32. You have filed and/or received Social Security Administration or other disability
benefits.
RESPONSE: Objection; this exceeds the allowable requests in accordance with Florida Rules
of Civil Procedure.
33. You have received or are entitled to receive short and/or long-term disability
benefits as a result of the subject accident.
RESPONSE: Objection; this exceeds the allowable requests in accordance with Florida Rules
of Civil Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 3, 2020, I electronically filed the foregoing with the
Clerk of Court by using the Florida Courts e-Filing Portal which will send notification of
electronic filing to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300
University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com;
ssmith5 @fcci-group.com; legalservice@fcci-group.com.
/s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: EDiaz@forthepeople.com
Attorneyfor Plaintiff
Document Filed Date
July 03, 2020
Case Filing Date
July 08, 1984
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Filing # 109772187 E-Filed 07/03/2020 12:59:13 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2020 CA 001106 AN HON. MARGARET H. SCHREIBER XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M FOERSTER AND CHAPP, INC., Defendants. —aeesa(i(i‘iésOOC PLAINTIFF'S RESPONSE TO DEFENDANTS' REQUESTS FOR ADMISSIONS COMES NOW the Plaintiff, XIAO SHENG YUE, by and through the undersigned attorneys, and in response to the Defendants', CYNTHIA M FOERSTER AND CHAPP, INC., Requests for Admissions served on or about May 12, 2020, and states as follows: 1. The vehicle you occupied at the time of the subject accident was equipped with available and fully operational seat belts. RESPONSE: Admitted. 2. You were not wearinga seat belt at the time of the subject accident. RESPONSE: Denied. 3. You have received and/or are entitled to recetve Personal Injury Protection as a result of the subject accident. RESPONSE: Admitted. 4. You have received and/or are entitled to recetve Medical Payments Coverage benefits as a result of the subject accident. RESPONSE: Admitted. 5. You sustained no permanent injury as a result ofthe subject accident. RESPONSE: Denied. 6. No medical provider has expressed a medical opinion that you sustained a permanent injury as a result of the subject accident. RESPONSE: After reasonable inquiry, unable to admit or deny. 7. You received no permanent and/or significant scarring as a result of the subject accident. RESPONSE: Objection, overly broad, vague and confusing as to what scarring may be defined as and its capacity given the facts of medical treatment I have received.. 8. You were not gainfully employed at the time of the subject accident. RESPONSE: Objection, Plaintiff is not making a claim for lost wages. 9. You did not lose any wages or income as a result of the subject accident. RESPONSE: Objection, Plaintiff is not making a claim for lost wages. 10. Your earning capacity was not reduced or impaired as a result of the subject accident. RESPONSE: Objection, Plaintiff is not making a claim for lost wages. 11. Your ability to enjoy life has not been reduced as a result of the subject accident. RESPONSE: Denied. 12. You were involved in one or more motor vehicle accidents prior to the subject accident. RESPONSE: Admitted. 13. You sustained significant and permanent injuries in a prior motor vehicle accident. RESPONSE: After reasonable inquiry, unable to admit or deny. 14. You have been involved in one or more motor vehicle accidents subsequent to the subject motor vehicle accident. RESPONSE: Denied. 15. You sustained significant and permanent injuries in a motor vehicle accident subsequent to the subject motor vehicle accident. RESPONSE: Denied. 16. You have been in one or more slip/trip and fall type or other non-motor vehicle related incidents prior to the subject motor vehicle accident. RESPONSE: Objection; compound, vague and confusing. 17. You sustained significant and permanent injuries in the prior slip/trip and fall type or other non-motor vehicle related incident(s). RESPONSE: Objection; compound, vague and confusing. 18. You have been involved in one or more slip/trip and fall type or other non-motor vehicle incidents subsequent to the subject motor vehicle accident. RESPONSE: Objection; compound, vague and confusing. 19. You sustained significant and permanent injuries in the subsequent slip/trip and fall type or other non-motor vehicle related incident(s). RESPONSE: Objection; compound, vague and confusing. 20. Some or all of the injuries you are claiming damages for in this matter pre-existed the subject accident. RESPONSE: Objection; overly broad, compound and vague. 21. You have a prior felony conviction. RESPONSE: Denied. 22. Youhave a prior conviction involving dishonest or false statement. RESPONSE: Denied. 23. You have turned down work you were physically able to perform since the date of the subject accident. RESPONSE: Objection; overly broad and confusing. 24. You are presently able to perform numerous light duty tasks. RESPONSE: Objection; overly broad, vague, compound and note limited in time and scope. 25. You were exceeding the posted speed limit at the time of the subject accident. RESPONSE: Denied. 26. | You were making an improper turn at time of the subject accident. RESPONSE: Denied. 27. You were not familiar with the street or surroundings at the location in which the subject accident occurred. RESPONSE: Denied. 28. You were talking on a cellular telephone at the time of the accident. RESPONSE: Denied. 29. The vehicle you were in at the time of the subject accident was equipped with available and fully operational airbag(s). RESPONSE; Admitted. 30. Aside from this lawsuit, you have been a party to one or more other lawsuit(s). RESPONSE: Admitted. 31. You have filed one or more workers compensation claims. RESPONSE: Objection; this exceeds the allowable requests in accordance with Florida Rules of Civil Procedure. 32. You have filed and/or received Social Security Administration or other disability benefits. RESPONSE: Objection; this exceeds the allowable requests in accordance with Florida Rules of Civil Procedure. 33. You have received or are entitled to receive short and/or long-term disability benefits as a result of the subject accident. RESPONSE: Objection; this exceeds the allowable requests in accordance with Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 3, 2020, I electronically filed the foregoing with the Clerk of Court by using the Florida Courts e-Filing Portal which will send notification of electronic filing to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com; ssmith5 @fcci-group.com; legalservice@fcci-group.com. /s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: EDiaz@forthepeople.com Attorneyfor Plaintiff