Chelsea Winicki, of the Jacksonville office, obtained an order of dismissal in a slip and fall case. Plaintiff filed a negligence action against our Defendant, a gas service station, alleging he slipped and fell and sustained injuries to his lower back as a result of the fall.? Plaintiff ultimately underwent extensive surgeries under letters of protection and incurred over $400,000.00 in medical bills.? Chelsea moved to dismiss on two main grounds. First, she moved to dismiss for fraud based on Plaintiff’s deposition testimony and his failure to admit to prior extensive treatment on the exact same portions of his back that he now alleged were from this accident.? Plaintiff even denied his prior surgical recommendation and his prior injections that were just a few months prior to the alleged slip and fall in this case.? Chelsea also moved to dismiss based on the fact that Plaintiff died from a heart condition following his deposition, and, while Plaintiff’s counsel moved to substitute the estate for Plaintiff, Plaintiff never even set up an estate.? Therefore, the court ruled in our favor and dismissed the case.
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