WEST PALM BEACH CAR ACCIDENT PLAINTIFF’S REQUEST FOR ADMISSIONS
DIRECTED TO DEFENDANT CALL 1-800-74-TRIAL

NOW COMES West Palm Beach Car Accident Plaintiff, by and through his attorneys, and pursuant to [MCR 2.312], and hereby demands that the Defendant file a responsive pleading within twenty-eight (28) days hereof to the Request for Admissions which are set forth below. Pursuant to the provisions of [MCR 2.312], a failure to respond to these Requests for Admissions within the time prescribed will be deemed an admission of the Request.
REQUEST #1: As to the nature of West Palm Beach Car Accident Plaintiff’s injuries, please admit each of the following facts claimed by West Palm Beach Car Accident Plaintiff in this case:
A. West Palm Beach Car Accident Plaintiff sustained a bimalleolar fracture of the left ankle joint consisting of comminuted displaced fractures of the medial and lateral malleolus bones.
B. In non-medical terms, West Palm Beach Car Accident Plaintiff’s injury consisted of multiple breaks and fragmentation of the bones that make up the outside and inside of the ankle joint.
C. West Palm Beach Car Accident Plaintiff’s injuries required open reduction internal fixation surgery which means that 12 metal screws and plates were surgically implanted in West Palm Beach Car Accident Plaintiff’s ankle under general anesthesia during an operation that took two hours to complete.
D. The metal hardware implanted in West Palm Beach Car Accident Plaintiff’s leg will remain in place indefinitely.
E. The bimalleolar fracture of West Palm Beach Car Accident Plaintiff’s ankle also damaged the supporting ligaments, muscles and tendons in the vicinity of the ankle joint.
F. West Palm Beach Car Accident Plaintiff’s injuries were of such a nature that West Palm Beach Car Accident Plaintiff suffered intense pain requiring the use of narcotic pain medications, including Vicodin, which West Palm Beach Car Accident Plaintiff was required to take three times a day for a period of six weeks.
G. West Palm Beach Car Accident Plaintiff’s injuries were of such a nature that West Palm Beach Car Accident Plaintiff was unable to sleep normally for period of two months during which time West Palm Beach Car Accident Plaintiff was extremely fatigued for lack of rest.
H. The nature of West Palm Beach Car Accident Plaintiff’s injuries required that his leg be encased in a fiberglass cast which remained on West Palm Beach Car Accident Plaintiff’s leg for eight weeks.
I. West Palm Beach Car Accident Plaintiff’s injuries were of such a nature that after the cast was removed, West Palm Beach Car Accident Plaintiff was required to wear an orthotic brace on his ankle for a period of six months.
J. West Palm Beach Car Accident Plaintiff’s injuries were of such a nature that West Palm Beach Car Accident Plaintiff was unable to work at all for a period of one month and thereafter returned to work but was only able to work for approximately 25 hours per week and only able to do limited activities, all of which continued for approximately three months.
RESPONSE #1:
REQUEST #2: As to the extent of West Palm Beach Car Accident Plaintiff’s injuries, please admit each of the following facts claimed by West Palm Beach Car Accident Plaintiff in this case.
A. As a result of West Palm Beach Car Accident Plaintiff’s injuries, West Palm Beach Car Accident Plaintiff continues to have physiological problems with his right ankle, including, but not limited to, a limited range of flexion motion; a limited range of extension motion; a limited range of inversion motion; a limited range of aversion motion; joint stiffness and joint swelling.
B. As a result of West Palm Beach Car Accident Plaintiff’s injuries, West Palm Beach Car Accident Plaintiff continues to have functional problems with his right ankle, including, but not limited to, inability to squat; inability to sit cross legged; inability to stand for longer than 15 minutes at a time; inability to walk without a limp; inability to run; inability to climb more than one flight of stairs; inability to twist, pivot and turn on the right ankle; and the inability to carry weight in excess of 25 pounds.
C. As a result of West Palm Beach Car Accident Plaintiff’s injuries, West Palm Beach Car Accident Plaintiff continues to have limitation of recreational, social and employment activities, including, but not limited to, the inability to play golf for more than nine holes at a time; the inability to play racquet ball; the inability to play tennis; the inability to jog for exercise; the inability to run on a treadmill; the inability to dance more than one or two dances at a time; the inability to mow his yard; the inability to downhill ski; the inability to cross-country ski; the inability to climb scaffolding; the inability to squat underneath machinery to perform repair operations; and the inability to unload delivery trucks.
D. As a result of West Palm Beach Car Accident Plaintiff’s injuries, West Palm Beach Car Accident Plaintiff is now more susceptible to the development of degenerative arthritis in his right ankle, which is a progressively deteriorating condition that is more likely than not to develop in West Palm Beach Car Accident Plaintiff’s case.
E. Medical research confirms that persons sustaining comminuted displaced bimalleolar fractures of the ankle join have a 64% probability of developing degenerative arthritis in the ankle joint within 10 years which will progress to the point of interfering with the function of the ankle joint and limiting physical activities (see the Journal of Bone and Joint Surgery, July 2001, pages 62-74).
F. Medical literature confirms that patients sustaining bimalleolar ankle fractures requiring open reduction internal fixation surgery have a 20% probability of developing bone softening or infection in the vicinity of the implanted hardware (see Journal of Bone and Joint Surgery, September 1993, pages 21-34).
RESPONSE #2:
REQUEST #3: Admit that West Palm Beach Car Accident Plaintiff sustained an objectively manifested impairment.
RESPONSE #3:
REQUEST #4: Admit that West Palm Beach Car Accident Plaintiff’s impairment is of an important body function.
RESPONSE #4:
REQUEST #5: Admit that West Palm Beach Car Accident Plaintiff’s impairment affects his general ability to lead his normal life.
RESPONSE #5:
INTERROGATORY
1. State each and every fact upon which defendant will rely in support of defendant’s contention that West Palm Beach Car Accident Plaintiff has not sustained an objectively manifested impairment, as well as the names and addresses of all witnesses defendant will call in support of his position.
ANSWER:
2. State each and every fact upon which defendant will rely upon in support of defendant’s contention that West Palm Beach Car Accident Plaintiff has not sustained an impairment of an important body functions, as well as the names and addresses of all witnesses defendant will call in support of his position with respect thereto.
ANSWER:
3. State each and every fact upon which defendant will rely in support of defendant’s contention that West Palm Beach Car Accident Plaintiff has not sustained an impairment that affects West Palm Beach Car Accident Plaintiff’s general ability to lead his normal life, as well as the names and addresses of all witnesses defendant will call in support of its position with respect thereto.
ANSWER:
LAW OFFICES OF MICHAEL J. MORSE
Attorneys for West Palm Beach Car Accident Plaintiff
__________________________________________
[Name]
[Address]
[Phone]
Dated: