Case:
Plaintiff v. Paving Materials Company and Defendant 2
Practice Area:
Attorney(s) :
Plaintiff Counsel:
Uriarte Law, P.A.
Result:
Motion to Dismiss for Fraud Granted, Demand before hearing $1,200,000.00, Defendants PFS Expired before Dismissal.
Summary:
Stuart Managing Partner Benjamin Pahl and Associate Marie Valera prevailed on a Motion to Dismiss for Fraud Upon the Court in a personal injury motor vehicle accident matter styled Plaintiff v. Paving Materials Company and Defendant 2. Plaintiff alleged permanent bodily injuries arising from a motor vehicle accident involving a Front end Loader near a roadway paving and construction operation. Plaintiff sought $202,284.67 in past medical damages. Prior to the Hearing, Plaintiff demanded $1,200,000.00 and claimed the accident caused new and permanent injuries to her neck and back requiring surgical intervention to her lumbar spine. After propounding discovery, subpoenaing Plaintiff’s medical records, and taking Plaintiff’s deposition, it became apparent that Plaintiff was dishonest about her prior medical history, treatment, and preexisting conditions involving the same body parts at issue. Plaintiff testified under oath that she had never been involved in a prior motor vehicle accident, never treated for neck or back pain, never undergone diagnostic imaging, and never retained counsel or made an insurance claim for personal injuries. The records proved otherwise. Medical and insurance records showed that Plaintiff had been involved in a prior motor vehicle accident, received extensive treatment for neck and back complaints, underwent multiple MRI studies, and retained legal counsel who pursued a personal injury claim that resulted in a settlement. Plaintiff also continued to deny this history in sworn written discovery responses. In response to the Motion, Plaintiff’s counsel, Uriarte Law, argued that Plaintiff could not remember an accident that occurred approximately thirteen years earlier. The Court rejected that argument, finding it impossible for Plaintiff not to remember extensive medical treatment, diagnostic testing, legal representation, and a settlement, and concluded that Plaintiff intentionally withheld her prior accident and medical history in a scheme to defraud the Court. Following a hearing, the Court granted Defendants’ Motion to Dismiss for Fraud Upon the Court with prejudice. Defendants will be seeking an award of attorneys’ fees and costs based upon an expired Proposal for Settlement.
