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MSZL&M secures dismissal with prejudice for fraud upon the court in trip-and-fall case

May 1, 2018 - Press Releases by

MIAMI, Florida (May 2018) – In a Florida case, a plaintiff brought a premises liability claim against our client for an alleged trip-and-fall in the common area of an apartment complex where she lived. The plaintiff claimed she sustained multiple injuries and underwent back surgery as a result of this incident.

The plaintiff repeatedly lied under oath at her deposition and in her answers to written discovery wherein she failed to disclose material witnesses and previous medical providers. Attorney Marcel Flemming discovered multiple undisclosed providers and facilities throughout the discovery process, which ultimately revealed the plaintiff had an extensive history of back problems and other injuries—the same injuries she alleged were the result of the trip-and-fall on our client’s premises.

During a two-hour hearing, Mr. Flemming took live testimony from the plaintiff and presented the court with more than 2,000 pages of medical documents under the plaintiff’s name as well as her aliases. The judge dismissed the plaintiff’s claim with prejudice, finding Mr. Flemming proved by clear and convincing evidence the plaintiff hindered the discovery process in an effort to frustrate the defense’s ability to prepare and defend its case.  

Mr. Flemming practices in the firm’s Miami office and focuses primarily in the areas of premises liability, wrongful death, negligent security, malpractice, and product liability.