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Dismissal in Premises Liability Case

David Drahos, of the West Palm Beach office, obtained a dismissal in a premises liability case wherein the plaintiff claimed she tripped over a speed bump our client had not painted yellow, which caused her to fracture her right wrist. She then began treating with an orthopedic, who administered lumbar and cervical epidural injections and later recommended multi-level fusions. The Plaintiff also alleged a knee injury, received injections into the knee, and later a surgical recommendation. During the initial discovery and investigation, David learned the Plaintiff had been involved in nine different prior motor vehicle accidents while living in Puerto Rico. The Plaintiff initially failed to disclose any of the prior accidents during her deposition. After the deposition, David confronted her about the prior accidents, and asked why we should not move to dismiss for fraud on the court. Soon after that, Plaintiff sent a letter saying she wanted to “cancel” her case, Plaintiff’s counsel moved to withdraw, and David moved to dismiss the case and the Court granted the motion.

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