We Provide Representation in Pennsylvania
We Provide Representation in New York
We Provide Representation in New Jersey
We Provide Representation in Florida
We Provide Representation in West Virginia
We Provide Representation in Delaware
We Provide Representation in Maryland

MSZL&M secures dismissal with prejudice for fraud upon the court in trip-and-fall case

MIAMI, Florida (May 2018) – In a Florida case, a plaintiff brought a premises liability claim against our client for an alleged trip-and-fall in the common area of an apartment complex where she lived. The plaintiff claimed she sustained multiple injuries and underwent back surgery as a result of this incident.

The plaintiff repeatedly lied under oath at her deposition and in her answers to written discovery wherein she failed to disclose material witnesses and previous medical providers. Attorney Marcel Flemming discovered multiple undisclosed providers and facilities throughout the discovery process, which ultimately revealed the plaintiff had an extensive history of back problems and other injuries—the same injuries she alleged were the result of the trip-and-fall on our client’s premises.

During a two-hour hearing, Mr. Flemming took live testimony from the plaintiff and presented the court with more than 2,000 pages of medical documents under the plaintiff’s name as well as her aliases. The judge dismissed the plaintiff’s claim with prejudice, finding Mr. Flemming proved by clear and convincing evidence the plaintiff hindered the discovery process in an effort to frustrate the defense’s ability to prepare and defend its case.  

Mr. Flemming practices in the firm’s Miami office and focuses primarily in the areas of premises liability, wrongful death, negligent security, malpractice, and product liability.


Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. publishes this site to provide general information regarding certain fields of law to our clients and friends. As every situation is unique and the facts and advice would vary with individual circumstances, the information contained on this site does not constitute legal advice. Transmittal of information from this site or any use of electronic mail is not intended to create or establish an attorney-client relationship between Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. and anyone else. Do not send any information until you speak with one of our attorneys and receive authorization to do so. If any communication from this site is not in conformity with the rules and regulations of any state governing lawyer conduct, Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. will not accept representation which is based on such communication.
 
Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. has offices in Wilmington, DE, Philadelphia and Pittsburgh PA, Wheeling, WV, New York and Long Island NY, Cherry Hill NJ, Miami and Tampa, FL. None of the attorneys listed in this Web site are certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in the State of New York.