• Motion to Dismiss with Prejudice for Fraud on the Court granted in a premise liability case
N/AOUTCOME: Motions granted
The Plaintiff filed a complaint for negligence arising out of a slip and fall due to an air conditioning leak in a fast food restaurant. As initial discovery began, it became apparent that the Plainti ... ff had been treating with numerous providers for an extensive period of time. With over 55 medical providers alone, Plaintiff’s medical bills were in excess of $350k. As the subpoenaed records arrived, I noticed that there were two different addresses for the Plaintiff - one in the State of New York, and one in the State of Florida. A background check revealed that there were two individuals bearing the same social security number. Additionally, one of the medical providers was attempting to collect an outstanding lien from the individual who resided in the State of New York. As the plot thickened, I discovered correspondence referencing the Federal Trade Commission and I found an FBI investigation for fraud. I strategically waited until I was able to obtain a copy of Plaintiff’s Federal Indictment before filing a Motion to Dismiss for Fraud on the Court and Motion for Sanctions. I also filed a Motion to Strike the Plaintiff’s Proposal for Settlement, on the same grounds. The Judge awarded fees in favor of the defense against the Plaintiff, individually, and the case was dismissed with prejudice.
