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Plaintiff Voluntarily Dismisses Negligent Security Claim

Chelsea Winicki, of the Jacksonville office, persuaded a Plaintiff to voluntarily dismiss her negligent security claim against our client. Plaintiff had sued our client, a bank, alleging she was robbed in the bank’s parking lot. Chelsea suspected throughout the initial discovery phase of the case that Plaintiff may have fabricated the entire story regarding the robbery. Chelsea used Plaintiff’s deposition to lock her into certain statements, with the goal of later using them to argue her claim was fraudulent. In preparing for Plaintiff’s deposition, Chelsea investigated the Duval County Clerk of Court docket and found that Plaintiff had just recently been arrested for Defrauding a Financial Institution and Credit Card Fraud and was currently incarcerated. Plaintiff’s counsel contacted us requesting to cancel Plaintiff’s deposition and attempted to allege Plaintiff would be out of town. Chelsea advised Plaintiff’s counsel that she knew Plaintiff was incarcerated and she would not agree to cancel the deposition, but, rather, would depose Plaintiff in jail. A Motion for Protective Order, regarding Plaintiff’s testimony, was filed by Plaintiff’s counsel, but then later withdrawn. Plaintiff’s counsel ultimately voluntarily dismissed the case after Chelsea insisted on moving forward with Plaintiff’s deposition.

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