MSZL&M secures dismissal with prejudice for fraud upon the court in slip-and-fall case
MIAMI, Florida (December 2017) – In a Florida case, a plaintiff brought a premises liability claim against our client for an alleged slip-and-fall incident. The Plaintiff claimed she sustained injuries to her head, neck, and back and denied having any prior injuries or preexisting conditions before the alleged incident.
Discovery to nonparties, however, revealed the Plaintiff had multiple motor vehicle accidents wherein she sustained exactly the same injuries she later alleged were the result of the slip-and-fall. Additionally, attorney Ana Saruski discovered the plaintiff previously attempted—and failed—to procure benefits for those same ailments before suing our client.
With surveillance footage, photographs, insurance records, and medical records contradicting the plaintiff’s allegations, Ms. Saruski successfully moved the court for a dismissal of the plaintiff’s claims by demonstrating the plaintiff’s repeated efforts to lie and mislead the defense.
Motions to dismiss for fraud are difficult to prevail upon, but Ms. Saruski showed the court evidence from multiple sources and aspects of the plaintiff’s life and presented them clearly and efficiently, making it clear the plaintiff’s deceit was a deliberate scheme to subvert the judicial process.
Ms. Saruski practices in the firm’s Miami office and focuses primarily in the areas of premises liability, medical malpractice, automobile liability, trucking litigation, and negligent security.