June 20, 2012
Contact: Eric W. Boyer, Esq.
305-670-1101 Ext. 1023
TAMPA, Florida — Quintairos, Prieto, Wood & Boyer, P.A., partner Todd M. Smayda secured an Order of Dismissal with Prejudice based on a plaintiff’s fraudulent behavior throughout the course of discovery. Smayda represented a non-profit Tampa Bay area Hospice. In an unwitnessed incident, the plaintiff claimed that a clothes rack secured to the wall with several 50 pound anchors spontaneously fell from the wall and hit her head, causing injuries. In a dogged investigation following untruthful answers to interrogatories and lies under oath in two depositions, Smayda established evidence of the Plaintiff’s intent to thwart defendant’s discovery efforts on core issues.
The Order granting the dismissal with prejudice cites the evidence Smayda developed and presented to the Court just two weeks prior to the trial. The Court wrote that Smayda provided clear and convincing evidence that:
Plaintiff had an established history of head, neck and mental health problems prior to the alleged incident. The Plaintiff denied ever having any prior medical problems.
Plaintiff was married and living with her husband ever since the alleged incident. In discovery, Plaintiff had denied being married, thereby preventing the deposition of a person with knowledge of her injuries, or lack thereof.
Plaintiff had several friends and family members who saw her weekly since the alleged incident and had intimate knowledge of her abilities to function. In discovery, Plaintiff denied having any friends or family who saw her on a regular basis.
Plaintiff failed to report being seen by physicians unrelated to her lawsuit. Smayda discovered these other physicians and took their testimony. The information they provided showed that the Plaintiff did not have the injuries she claimed in her suit.
Two weeks before the matter went to trial, defense attorney Smayda argued a Motion to Dismiss for Fraud which was granted. The court dismissed the suit with prejudice and allowed the defendant to proceed with recovery of costs and attorney fees.