CSK Defense
Tampa Partner Sasha Pandolfo
Case Summary
A Pasco County judge dismissed a personal injury lawsuit after determining that the Plaintiff made false statements regarding her medical history and prior accidents. She alleged she was injured when an Individual Defendant drove off before she was fully inside a vehicle, but denied any history of accidents, injuries, surgeries, or back problems.
The Court later confirmed that the Plaintiff had been involved in a 2011 car accident, a 2018 slip-and-fall resulting in back and knee injuries, underwent right-knee surgery, and received prior treatment for low-back pain. As noted in the order, “Plaintiff unequivocally testified ‘No.’ to each of the foregoing questions.”
Defense Strategy
Ms. Pandolfo focused on establishing that the Plaintiff’s sworn statements were knowingly false. Through medical records, prior claims, and evidence that she had previously retained counsel for earlier injuries, the defense demonstrated that these omissions were intentional and directly related to the injuries alleged in this case. This approach underscored that the discrepancies were material misrepresentations, not inadvertent errors.
Outcome
The Court found clear and convincing evidence that the Plaintiff intentionally withheld relevant information and committed fraud upon the Court. The case was dismissed with prejudice, bringing the matter to a complete close. The judge also retained jurisdiction to consider the defense’s motion for attorneys’ fees and costs. This ruling reinforces that in Florida, when a Plaintiff knowingly misrepresents significant facts—particularly regarding medical history—the Court may dismiss the entire case to protect the integrity of the judicial process.
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