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Mintzer Sarowitz Secures Dismissal with Prejudice for Fraud Upon the Court

TAMPA, Florida (February 2017) – In a Florida case, a plaintiff brought an automobile negligence suit against our clients—a driver and her employer—arising from a rear-end collision, which occurred in August of 2011. The plaintiff claimed he was permanently injured as a result of the accident, after which there was minimal property damage and both vehicles were fully operable. His alleged injuries included permanent sprain/strain and stiffness, right shoulder pain, and a traumatic brain injury. 

During discovery, despite the plaintiff’s best efforts to conceal a  material witness, it was discovered there was an undisclosed passenger in the plaintiff’s car at the time of the accident. The plaintiff also denied having any criminal convictions whatsoever; however, it was determined the plaintiff actually had eleven (11) felony convictions for crimes of dishonesty, four (4) other felony convictions, and five (5) misdemeanor convictions for crimes of dishonesty.

With the likelihood of full liability against our clients as trial was approaching, Mr. Marlowe pursued relief based on the plaintiff’s fraudulent testimony, failure to appear for a compulsory medical exam, and failure to respond to discovery. Ultimately, Mr. Marlowe prevailed with dismissal with prejudice of the action.

When asked about the dismissal, Mr. Marlowe said it was a gratifying victory. “Fraudulent claims and litigation shenanigans have gone unchecked too frequently and driven up the cost of doing business. It is gratifying to help our clients fight back and win without the cost and risk of a jury trial.”

Mr. Marlowe practices in the firm’s Tampa, Florida, office and focuses primarily in insurance defense, product liability, and commercial litigation.

About Mintzer Sarowitz Zeris Ledva & Meyers, LLP

The civil litigation defense attorneys at MSZL&M represent clients throughout Pennsylvania, Maryland, New York, New Jersey, Delaware, West Virginia and Florida. With a thorough understanding of insurance industry matters and an aggressive approach, MSZL&M handles a wide range of civil litigation matters, including multi-district, complex and class action litigation, appellate advocacy, civil trials, administrative proceedings and alternative dispute resolution proceedings.


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