Pahl, Benjamin S.

Morgan & Morgan

Motion to Dismiss for Fraud upon the Court Granted with Prejudice

Stuart Managing Partner, Benjamin S. Paul, Esq., prevailed on a Motion to Dismiss for Fraud Upon the Court in a personal injury, automotive accident matter styled Plaintiff v. Co-Defendant and A Great Fence, LLC. Plaintiff alleged that he sustained permanent neck and back injuries for an incident that occurred in a motor vehicle accident resulting in claiming an excess of $50,000 in damages. Plaintiff claimed that he was injured when the Co-Defendant collided with the rear end of Plaintiff’s vehicle. After propounding discovery against Plaintiff, it became apparent that this was not the first time he was involved in an accident. He had been previously involved in two separate motor vehicle accidents where he hired an attorney and claimed the same exact neck injuries. When deposing the Plaintiff, the past medical history was one of the most essential topics, and when Plaintiff falsely testified multiple times under oath to his prior litigation, medical treatment, and accidents, it became apparent that the matter was ripe for a Motion to Dismiss for Fraud Upon the Court. After drafting the motion and Plaintiff drafting a response, the Court heard the Motion to Dismiss for Fraud Upon the Court and granted it with prejudice.