Filing # 134523076 E-Filed 09/14/2021 09:51:26 AM
`
`IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
`IN AND FOR PINELLAS COUNTY, FLORIDA
`SMALL CLAIMS DIVISION
`
`RAMY MEKHAIL,
`
`Plaintiff,
`
`v.
`
`Case No.:
`
`QUEST DIAGNOSTICS INC.
`
`Defendant._/COMPLAINT
`
`INTRODUCTION
`1.This is an action for damages brought by Plaintiff, RAMY MEKHAIL, (“Plaintiff’ hereinafter) an
`individual consumer against the Defendants, Quest Diagnostics Inc. (“Defendant” hereinafter) for violation
`of the Florida Consumer Collection Practices Act, §559.72, et seq., Fla. St. (hereinafter referred to as
`“FCCPA”) which prohibits collectors of consumer debt from engaging in abusive, deceptive, and
`unfair debt collection practices.
`
`1. This is a complaint for damages which exceed $500.00, but which do not exceed $2,500.00,
`exclusive of costs, interest, and attorney’s fees.
`2. Venue in this county is proper as the conduct complained of occurred in Pinellas County, Florida,
`and is in compliance with §559.77(1), Fla. St.
`3. This Court has subject matterjurisdiction over the allegations herein pursuant to §34.01 (1 )(c), Fla.
`
`St.
`
`4. This Court has personal jurisdiction over Defendant as they are a medical provider doing business
`in the State of Florida and the transaction which led to the alleged debt as described herein occurred in the
`State of Florida.
`
`5. Plaintiff, Ramy Mekhail is a natural person residing in Pinellas County, Florida.
`
`***ELECTRONICALLY FILED 09/14/2021 09:51:24 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
`
`
`
`IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
`IN AND FOR PINELLAS COUNTY, FLORIDA
`SMALL CLAIMS DIVISION
`
`RAMY MEKHAIL,
`
`Plaintiff,
`
`v.
`
`Case No.:
`
`QUEST DIAGNOSTICS INC.
`
`Defendant._/COMPLAINT
`
`INTRODUCTION
`1.This is an action for damages brought by Plaintiff, RAMY MEKHAIL, (“Plaintiff’ hereinafter) an
`individual consumer against the Defendants, Quest Diagnostics Inc. (“Defendant” hereinafter) for violation
`of the Florida Consumer Collection Practices Act, §559.72, et seq., Fla. St. (hereinafter referred to as
`“FCCPA”) which prohibits collectors of consumer debt from engaging in abusive, deceptive, and
`unfair debt collection practices.
`
`1. This is a complaint for damages which exceed $500.00, but which do not exceed $2,500.00,
`exclusive of costs, interest, and attorney’s fees.
`2. Venue in this county is proper as the conduct complained of occurred in Pinellas County, Florida,
`and is in compliance with §559.77(1), Fla. St.
`3. This Court has subject matterjurisdiction over the allegations herein pursuant to §34.01 (1 )(c), Fla.
`
`St.
`
`4. This Court has personal jurisdiction over Defendant as they are a medical provider doing business
`in the State of Florida and the transaction which led to the alleged debt as described herein occurred in the
`State of Florida.
`
`5. Plaintiff, Ramy Mekhail is a natural person residing in Pinellas County, Florida.
`
`***ELECTRONICALLY FILED 09/14/2021 09:51:24 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
`
`
`
`FACTUAL ALLEGATIONS
`
`6. Plaintiff suffered an industrial accident within the course and scope of his employment with Hobbs
`& Curry Limited Partnership LLP and Hobbs & Curry Hotels Managed by Heartland Hotel Corp., in the
`state of Florida on October 4, 2018.
`
`7. Plaintiffs workers compensation case was picked up as compensable and he received workers’
`compensation benefits pursuant to Chapter 440, Fla. St., including but not limited to medical care and
`treatment for his work-related injuries. See §440.13, Fla. St.
`8. The workers’ compensation insurance carrier covering Plaintiffs work-related accident is Liberty
`Mutual Insurance (hereinafter referred to as “Carrier”).
`
`9. Plaintiff has reason to believe that the Carrier pre-authorized Defendant to treat Plaintiff for his
`
`work-related injuries.
`10. Plaintiff was treated by Defendant on June 9,2021 which Plaintiff has reason to believe the Carrier
`pre-authorized Defendant to treat his for his work-related injuries on this date of service.
`11. Plaintiff has reason to believe that Defendant had actual knowledge that Plaintiff was an injured
`worker because the Carrier pre-authorized them for every date of service.
`12. Plaintiff received a bill from Defendant for the June 9, 2021 dates of service on or around August
`8,2021 demanding that she pay $224.31 for the medical services rendered to him. A copy ofthe bill Plaintiff
`received from Defendant is attached as Exhibit “A.”
`
`13. Plaintiff has reason to believe that he received several other billing statements from Defendant
`demanding that he pay for the medical treatment that was related to his workers comp accident on or around
`June 9, 2021.
`
`14. Plaintiff is not responsible for payment of any treatment related to his workers compensation case
`pursuant to workers comp law which states in part, “A health care provider may not collect or receive a fee
`
`from an injured employee within this state, except as otherwise provided by this chapter. Such providers
`
`Complaint
`Page 2 of 4
`
`
`
`have recourse against the employer or carrier for payment for services rendered in accordance with this
`
`chapter.” See §440.13( 13)(a), Fla. Stat.
`15. The debts that Defendants tried to collect from Plaintiff are automatically deemed illegitimate debts
`pursuant to workers comp law. Davis v. Sheridan Healthcare, Inc., 2D 17-1790, 2019 WL 5198669 (Fla. 2d
`Dist. App. Oct. 16, 2019)
`16. Plaintiff is under information and beliefthat the amounts sought to be collected by Defendants from
`Plaintiff are excessive in violation ofthe workers’ compensation statutory fee schedule. See §440.13( 13)(a),
`Fla. St.
`
`COUNT I
`VIOLATION OF THE FLORIDA CONSUMER COLLECTION PRACTICES ACT
`
`17. Plaintiff incorporates Paragraphs 1 through 16.
`18. The acts and omissions of Defendant and its employees and agents as outlined herein constitute a
`violation of the FCCPA with respect to Plaintiff. These actions by Defendant’s employees and
`agents were done in service to Defendant and these employees and agents were at all times
`supervised and under the apparent control of Defendant. As such, Defendant is vicariously liable
`under the Doctrine of Respondeat Superior for the actions of its employees and agents.
`19. The FCCPA has three elements that need to be met in order for there to be a violation; the debt
`
`must be illegitimate, there must be a threat or attempt to enforce that debt, and there must be
`knowledge that the debt is illegitimate. Fla. Ann. Stat. § 559.72(9). Davis v. Sheridan Healthcare,
`
`Inc., 2D 17-1790, 2019 WL 5198669 (Fla. 2d Dist. App. Oct. 16, 2019).
`
`20. Pursuant
`
`to §440.13(13)(a) the debt
`
`that Defendant attempted to collect from Plaintiff was
`
`illegitimate.
`
`21. Defendant tried to enforce the illegitimate debt against Plaintiff by sending billing statements to
`Plaintiffs home demanding payment.
`22. Defendant had actual knowledge that the debts they were trying to enforce against Plaintiff were
`
`illegitimate pursuant to workers comp law.
`
`Complaint
`Page 3 of4
`
`
`
`23. Given all three elements have been clearly met, the Defendant violated Fla. Ann. Stat. §559.72(9).
`24. As a result of the above violation of the State of Florida Consumer Collection Practices Act,
`Defendant is liable to Plaintiff for statutory damages, and attorney’s fees and costs.
`
`WHEREFORE, Plaintiff respectfully prays that judgment be entered against Defendant for the
`
`following:
`
`A.Declaratory judgment that Defendant’s conduct violated the FCCPA, and declaratory and
`injunctive relief for Defendant’s violations of the FCCPA;
`A. Statutory damages of $1,000 pursuant to §559.77, Florida Statutes;
`B. Costs and reasonable attorney’s fees pursuant to §559.77, Florida Statutes;
`C. For such other and further relief as may be just and proper.
`Respectfully submitted this / '
`/’Z/A
`
`, 20 ^Z.
`
`day of
`
`JAS0N R. KOBAL, ESQ.
`kQbal LAW, P.A.
`12169 W. Linebaugh Ave.
`Tampa, FL 33626
`813-873-2440
`koballaw@yahoo.com
`Florida Bar No.: 0542253
`Attorney for Plaintiff
`
`Complaint
`Page 4 of4
`
`
`
`Pfl!)e,of2
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`$0.00
`
`•
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`Laboratory BUI
`Par «»rvlo»» not Inoludad Inyouf pBHilniin't tilli
`Amount clue: Due date:
`Bill date:
`UPON RECEIPT !
`$224.31
`| Aug. 08,2021
`Lab code
`Account Number
`ZOT
`3060468-QQUD1-10
`RAMY MEKHAIL
`Patient Namo.
`Guarantor Name: RAMYMEKHA'L
`Patient paymont summary
`Payments In last 30 days
`Customer Service
`LOG ON NOW at MyOocBIII conVQueat to conveniently
`pay your Invoice, provide updated Insurance Information,
`or take a patient survey.
`For billing questions, please email ue al
`
`qucs.lMlngSiipyAKbllLc.Qffl: ■
`
`Diagnostics'
`
`PO BOX 740705
`Cincinnati, OH 45274-0705
`
`AB 01 016302 1220B B 43 C
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`RAMY MEKHAIL
`443 EQUINE DR
`TARPON SPRINGS, FL
`
`34B8B-7267
`
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`Most rocont Insuranco claim fllad to:
`Insurance Namo:
`Insurance ID:
`Group Number:
`Lab results and diagnosis questions must be answered by
`your physician.
`Please have your bill available for reference.
`About your statement
`iin oiiltrtandinqbalance on ibis acuount. You may rnAKs a payment online: . If you ticv ■ h ■ ’ ■ <
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`correct lftsurah!
`cayment or update your insur'ariGf), ThanK’ynu!
`
`Pay by Phons:
`Questions:
`
`: 1 866 254.3883 (24 hours/? days)
`1.806.264.3859
`
`See statement details on back
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`3 easy ways to pay
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`$224.31
`Irtvoico Number:
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`QUEST DIAGNOSTICS;
`p« BOX 740705
`itlNClNNAlI, OH 46274-0705
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`ATTENTION:
`If you apeak EnollBh, languefle assistance
`aervlces, free of charge, are available to you. 1.866.264.3869
`ATENClON: 8I habla espafrol, tlene a au dl$poslddn soivicioa
`aratultosdeaslalencla IlngOlttlca. 1.866.264.3859
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`Pavonr RAMY MEKHail
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`06/09/21
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`85730
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`00/15/21
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`THROMBOPLASTIN TIME PARTIAL
`GUARANTOR RESPONSIBILITY DATE (ChMoeiDiwoSoidj’
`
`05026
`
`08/00/21
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`06/16/21
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`COMPLETE CBC W/AUTO DIPP WBC
`GUARANTOR RESPONSIBILITY DAYE (ClWflOlb: 10400016)
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`85(10
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`08/09/21
`00/15/21 [
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`PROTHROMBIN TIME
`GUARANTOR RESPONSIBILITY DATE <CharQelD: 16408016)
`
`06/09/21
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`60053
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`1
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`COMPREHEN METABOLIC PANEL
`
`OB/15/21
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`GUARANTOR RESPONSIBILITY DATE (CharaelO: KMOBOI7)
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`Current
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`$0.00
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`$224.31
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`50.00
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`WE HAVE FII.ED YOUR INSURANCE. YOU ARE MOW RU!«'ONa)r;H.
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