Bonita Springs Partner Brooke Beebe recently prevailed on a Motion to Dismiss for Fraud on the Court. The plaintiff claimed she tripped and fell on a mat while exiting a grocery store injuring her neck and back.
During her deposition, the plaintiff denied any previous neck or back pain, and further denied any previous medical treatment for neck and back pain. Through discovery, Ms. Beebe determined that the plaintiff had a significant pre-existing condition of neck and back pain, had treated extensively for neck and back pain before the accident, and failed to disclose several medical providers who treated her for her pre-existing conditions.
The plaintiff’s attorney argued the plaintiff may not have understood the questions posed at her deposition, and that the issues regarding his client’s omissions were more properly addressed on cross-examination at trial. The court disagreed with the plaintiff and dismissed the plaintiff’s lawsuit with prejudice finding the plaintiff set in motion an unconscionable scheme calculated to interfere with the judicial system’s ability to impartially adjudicate the matter.
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