Dell Graham recently obtained a dismissal of claims for fraud on the court. In the case, the husband and wife plaintiffs alleged that they both suffered low back injuries as a result of low-speed collision in a parking lot in Lake City, Florida. During their depositions, the plaintiffs denied any prior history of low back problems. Through exhaustive discovery of the plaintiffs’ pre-accident medical records, Jennifer Lester determined that the plaintiffs had complained of low back pain since the 1980s, and had sought treatment for low back pain in the year before the accident.
They both also complained of being extremely limited in their activities and employment since the accident. The husband also claimed that he could no longer care for his yard or perform any work outside due to his pain. Dell Graham determined that the husband was actually operating a lawn maintenance service, and obtained video of him weed-eating, using a gas-powered blower and mowing grass. Ms. Lester filed a motion with the court to dismiss the case for fraud, alleging that the plaintiffs misled the court in their testimony in an attempt to artificially inflate their damages. The court agreed, and dismissed the case.