Motion to Dismiss for Fraud - Vehicular Accident - Miami-Dade County 

Miami Partners Brandon Waas and Jeff Keller recently won a dispositive Motion to Dismiss for Fraud Upon the Court in Miami-Dade County against a national plaintiff firm, who demanded over $1 million throughout the case.

The case arose from a motor vehicle accident where the Plaintiff, who was driving in Coconut Grove, alleged that the Defendant, who was driving a large semi-truck, ran a stop sign and hit her, resulting in a T-bone collision. 

As a result of the accident, Plaintiff claimed she sustained a severe spine injury. She testified that she had never injured her neck or back before the accident, and similarly testified that she had never seen a doctor for any purpose whatsoever in relation to her neck and back before.

Brandon and Jeff engaged in extensive non-party discovery, and secured numerous medical records that revealed the Plaintiff was receiving treatment for her cervical spine for a period of 5 years preceding the accident. The records showed that Plaintiff was diagnosed with cervical spine disease, underwent numerous MRIs, was referred to a neurologist, and recommended to undergo surgery.

In light of this discovery, Brandon and Jeff filed a dispositive motion for fraud upon the Court and attended an in person evidentiary hearing. After crossing Plaintiff on the stand, and presenting argument, the Court granted the motion for fraud.

Our team is available to discuss the topics written here and ready to provide additional information contained in this article. Contact us for more information.

Legal Team

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