Motion to Dismiss for Fraud Upon the Court in Miami-Dade County

Miami Partner, Sarah Egan, achieved a remarkable result on behalf of CSK's client by obtaining an order granting a motion to dismiss for fraud upon the court as well as an order granting a motion for final summary judgment in a premises liability case. The case revolved around the Plaintiff's allegation that he had slipped and fallen on a liquid substance and lost consciousness while attempting to sit at a table in our client's restaurant.

The Plaintiff claimed to have suffered a traumatic brain injury along with injuries to his left shoulder, neck, and back in addition to multiple injections, accumulating approximately $300,000 in medical bills.

The Plaintiff testified that he was the fifth person in line to order food and overheard a patron notifying an employee of a spill. He argued that the restaurant had notice of the spill and sufficient time to clean it up before he walked away from the counter after ordering his food. However, the store surveillance video contradicted his testimony, showing that there was no line and that he walked directly to the counter to order his food.

The surveillance footage also supported the testimony of several uninterested witnesses who stated that the Plaintiff had staged the accident. The video showed the Plaintiff sliding down a back wall after walking away from the counter. Another customer handed him a cup of water, which witnesses testified the Plaintiff poured onto the floor where he sat before calling for an ambulance.

CSK filed a Proposal for Settlement (PFS) on behalf of our client for $1,500, informing Plaintiff's counsel that failure to accept the PFS would result in the filing of a motion to dismiss for fraud upon the court and a motion for final summary judgment.

This outcome reinforces the commitment of CSK to uphold justice and protect the interests of our clients, affirming the importance of thorough investigation and reliable evidence in legal proceedings.