Mario Gomez obtains Dismissal of Plaintiff’s Complaint following Motion for Summary Judgment/Motion to Dismiss for Fraud

Plaintiff filed a suit claiming personal injuries stemming from a premises liability claim against the owner of the property (Defendant). Plaintiff claimed he slipped and fell causing permanent injuries which included a wrist fracture, spinal injuries, and a traumatic brain injury. The incident was captured on the property owner’s surveillance footage. Defendant objected to the video’s production in discovery before the Plaintiff was deposed so as to not allow the Plaintiff to alter his testimony in line with the footage. Plaintiff’s testimony sharply contradicted the footage which revealed the Plaintiff was liable for his own claimed injuries. As a result of the glaring contradiction between the deposition testimony and surveillance footage, the Defendant filed a Motion for Summary Judgment (based on the newly implemented summary judgment standards), Motion to Dismiss for Fraud, as well as serving the Plaintiff and his attorney a Motion for 57.105 Sanctions and the required Safe Harbor Letter. As a result, the Plaintiff filed a Voluntary Dismissal to avoid the imposition of sanctions.