FOR IMMEDIATE RELEASE
July 7, 2009
Contact: Eric W. Boyer, Esq.
305-670-1101 Ext. 123
QPWB LAWYER OBTAINS DIMISSAL WITH PREJUDICE FOR NATURE COAST HOSPICE CAREGIVER
TAMPA, Fla. – QPWB partner Todd M. Smayda (Tampa) obtained a voluntary dismissal with prejudice for his client, a Nature Coast hospice caregiver. The plaintiff filed a premises liability lawsuit against the hospice claiming permanent and continuing spinal injuries when she fell from an allegedly defective chair. In discovery, the plaintiff denied any pre-existing medical history of neck or back issues. Smayda conducted thorough and exhausting discovery of her pre-incident physicians, many she failed to disclose. He obtained medical record evidence and testimony proving the plaintiff had pre-fall diagnoses relating to her neck and back, including a document in the plaintiff’s own handwriting complaining of severe neck and back pain, paresthesia and radiculopathy. During the course of the plaintiff’s deposition, Smayda gave the plaintiff several opportunities to be truthful about her pre-existing problems, but she continued to deny any neck or back complaints prior to the fall. Smayda presented the evidence he had developed to the plaintiff and her attorney and threatened a motion to dismiss for fraud. The plaintiff agreed to dismiss her lawsuit with prejudice; Smayda’s client paid nothing.
Quintairos, Prieto, Wood & Boyer, P.A., is a Florida-based law firm providing legal services to corporations, government entities and individuals in the areas of commercial and civil litigation. With six offices throughout the State including Miami, Ft. Lauderdale, Orlando, Tampa, Jacksonville and Tallahassee, and attorneys licensed in several states including the U.S. Virgin Islands.