FOR IMMEDIATE RELEASE
July 28, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB OBTAINS DISMISSAL WITH PREJUDICE FOR
FRAUD ON THE COURT IN PREMISES LIABILITY CASE
BROWARD COUNTY, Fla. – David M. Tarlow, managing partner of the firm’s Fort Lauderdale office was granted an Order for Dismissal with Prejudice on behalf of his client for negligence charges made by the plaintiff as a result of a ceiling collapse on August 6, 2019, in the room the plaintiff rented from the defendant. Plaintiff claimed injuries to cervical and lumbar spine and front tooth loss.
During discovery, the defense found that according to Social Security Disability records dating back to September 30, 2008, plaintiff had a history of maladies for spinal injuries, back pain and numbness in both legs with findings of medically determined impairments of degenerative disk disease of back -discogenic and degenerative. Hospital records dating from July and November 2017 document plaintiff had complaints of a front tooth being knocked out in an accident and chronic back pain after falling for a third time. Medical records of June 9, 2016 indicate disk herniation; orthopedics records show neck pain and radicular symptoms to plaintiff’s right arm. In 2018, hospital records show plaintiff stated that a spine surgeon had told him he needed another surgery and by April 2019 Social Security records document plaintiff used a cane to walk.
According to plaintiff’s testimony, he denied ever having a tooth knocked out before the day of August 6, 2019 and that he only received Social Security Disability for migraine headaches; never used a cane for walking; and the last time he was treated for lower back pain was in 2015. He denied suffering from any physical infirmity, disability or sickness described in the complaint. And according to the plaintiff’s witness, the plaintiff had no physical limitations until the subject accident on August 6, 2019.
Given the extent of plaintiff’s misrepresentations, falsehoods and deceit, the defense’s motion for dismissal with prejudice for fraud against the court was granted. At the hearing and based upon plaintiff’s fraudulent testimony, the court found the plaintiff willfully failed to disclose that he had reapplied for and received Social Security Disability benefits, approximately four (4) months prior to the subject accident, for his neck and back. That he willfully failed to truthfully disclose an accurate history of prior recommendation for lumbar back surgery. And failed to disclose the names of 11 medical providers to defense counsel.
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David M. Tarlow is the managing partner of the Fort Lauderdale office. He is an expert in civil litigation and is Board Certified in Civil Trial Law by the Florida Bar Board of Legal Education and Specialization and by the National Board of Trial Advocacy in the area of Civil Trials. His practice includes all aspects of insurance and general liability defense, product liability, wrongful death, personal injury defense, premise liability, automobile liability, negligent security, legal malpractice, and insurance coverage disputes and bad faith litigation. Tarlow received his law degree from the University of Miami School of Law in 1991. He is admitted in the U.S. District Court for the Southern and Middle Districts of Florida, Eleventh Circuit Court of Appeals, and the United States Supreme Court.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and woman owned law firm in the nation with approximately 400 lawyers serving clients from 31 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.