Miami Partners Brandon Waas and Jeff Keller recently won a dispositive Motion to Dismiss for Fraud Upon the Court in Miami-Dade County against a national plaintiff firm, who demanded over $1 million throughout the case.
The case arose from a motor vehicle accident where the Plaintiff, who was driving in Coconut Grove, alleged that the Defendant, who was driving a large semi-truck, ran a stop sign and hit her, resulting in a T-bone collision.
As a result of the accident, Plaintiff claimed she sustained a severe spine injury. She testified that she had never injured her neck or back before the accident, and similarly testified that she had never seen a doctor for any purpose whatsoever in relation to her neck and back before.
Brandon and Jeff engaged in extensive non-party discovery, and secured numerous medical records that revealed the Plaintiff was receiving treatment for her cervical spine for a period of 5 years preceding the accident. The records showed that Plaintiff was diagnosed with cervical spine disease, underwent numerous MRIs, was referred to a neurologist, and recommended to undergo surgery.
In light of this discovery, Brandon and Jeff filed a dispositive motion for fraud upon the Court and attended an in person evidentiary hearing. After crossing Plaintiff on the stand, and presenting argument, the Court granted the motion for fraud.
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