ORLANDO – AUGUST 13, 2021 – Civil litigation defense firm, Wicker Smith O’Hara McCoy & Ford P.A., celebrates a trip and fall case dismissal handled by Orlando partner, Raychel Garcia and associate Garrett S. Guthrie. The case included a demand of 6-figures before a motion to dismiss for fraud was granted by the court shortly after falsehoods were exposed.
In this case, the Plaintiff tripped and fell on an uneven sidewalk at a local gas station. The Plaintiff was walking to a hose located in the front of the client’s property when she tripped over the uneven sidewalk. She alleged injuries to her head, neck, back, and several other parts of her body, as well as difficulty breathing. She denied prior similar injuries, prior accidents, and prior felony convictions. At her deposition, Wicker Smith attorneys confronted the Plaintiff with past disability records which showed that she had been on disability almost her entire life for similar injuries and had not been able to work for many years. The records also showed COPD and chronic lung issues were also a previous condition. The discovery caused the Plaintiff to end the first deposition abruptly, which required a second deposition to take place.
During the second deposition, the Plaintiff claimed she had not been working for many years, despite her earlier testimony and wage loss claim. She also changed her testimony to include the prior accidents discovered and claimed wrongful conviction of prior crimes found. Mr. Guthrie swiftly argued a Motion to Dismiss for Fraud.
The Court quickly granted Wicker Smith’s motion finding that Plaintiff’s falsehoods throughout the deposition testimony and discovery response permeated the case and warranted a case dismissal.