Case:
Plaintiff v. Retail Store et al.
Practice Area:
Attorney(s) :
Plaintiff Counsel:
LIST PLAINTIFF FIRM
Result:
Dismissal with Prejudice
Summary:
On September 8, 2025, Tampa Senior Partner Jeffrey Benson and Appellate Associate Joshua Miller obtained a Dismissal with Prejudice in a federal Premises Liability matter styled Plaintiff v. Retail Store et al. The case involved claims of negligence against our client Retail Store. Specifically, Plaintiff claimed our client’s negligence led to a heavy load of merchandise falling on her which caused damages, including medical expenses, loss of earning capacity and income. Throughout discovery and in her sworn testimony, Plaintiff repeatedly denied having any history of injury or medical treatment to the areas she alleged were injured in the incident. However, Plaintiff’s subpoenaed medical records revealed she was being routinely treated for the same areas of injury shortly before the incident. Additionally, it was later revealed that counsel for Plaintiff was in possession of prior medical records documenting an extensive history of injury and treatment dating back more than a decade. This critical information was withheld until discovery was closed and all witnesses had been deposed. One day before the dispositive motion deadline, Plaintiff sent hundreds of pages of the previously withheld medical records written in French. Mr. Miller drafted the Motion to Dismiss for Fraud on the Court, and Mr. Benson was set to argue the motion at an evidentiary hearing on September 8, 2025. After the motion was filed, the Plaintiff reduced the demand by 90%. Plaintiff’s reduced offer was denied. Minutes before the hearing and right outside of the courtroom doors, Plaintiff agreed to dismiss the case with prejudice with each party to bear their attorney’s fees.
