Case:
Plaintiff v. Hallauer
Practice Area:
Attorney(s):
Plaintiff Counsel:
VG Law
Result:
Motion to Strike the Pleadings granted, dismissal, with prejudice
Summary:
Stuart Associate, Zoe Nelson, Esq., prevailed on a Motion to Strike the Pleadings in a motor vehicle/personal injury matter styled Plaintiff v. Hallauer. Plaintiff alleged that she sustained personal injury in a three-vehicle accident said to have occurred on or about January 21, 2020, resulting in $250,000 in medical bills from a shoulder surgery, cervical fusion, and a potential traumatic brain injury. On November 28, 2022, Defendant propounded initial discovery and, subsequently, updated and expert discovery to the Plaintiff. However, in violation of Fla. R. Civ. P. 1.280, Plaintiff failed to respond to written discovery, and trial was anticipated to commence on the court’s January 2024 docket. Ms. Nelson made numerous good faith attempts to confer with Plaintiff and filed Motions to Compel Plaintiff’s overdue discovery responses, which were granted. When Plaintiff failed to comply with those rulings, Ms. Nelson filed a Motion to Show Cause for Failure to Comply with the Court’s Order(s). Nevertheless, Plaintiff continued to disregard the Court’s authority and failed to abide by the basic rules and principles of discovery. Accordingly, Ms. Nelson moved to strike the pleadings as a sanction, pursuant to Kozel v. Ostendorf. Judge Waronicki, in applying the Kozel factors, held that Plaintiff’s flagrant disregard for the Court’s authority mandated that the pleadings be stricken and that the case against Defendant be dismissed with prejudice. Read More
