Chandler Black and Amy Klotz Prevail on Motion to Dismiss for Fraud in Premises Liability Matter
Posted in Verdicts and Settlements on January 30, 2026
Chandler Black and Amy Klotz prevailed on a motion to dismiss for fraud on the court in a premises liability action. Based on records from medical providers, which the plaintiff failed to disclose, Chandler and Amy showed that the plaintiff provided false interrogatory responses and deposition testimony regarding her alleged injuries. The plaintiff argued that she inadvertently failed to disclose prior complaints of pain in an area of her body she claimed sustained injury in the accident due to her age (70). She also took positions inconsistent with information contained in the medical records. Chandler and Amy pointed out that, in her deposition, the plaintiff provided detailed information regarding medical treatment unrelated to her claim but failed to disclose any pertinent medical treatment. They also pointed out the discrepancy between the plaintiff’s characterization of the nature and purpose of treatment she received and the information documented in the medical records. The court found that the evidence showed by clear and convincing evidence that the plaintiff intentionally misrepresented facts concerning her prior medical condition and treatment and granted the motion to dismiss for fraud on the court with prejudice. The Court directed the parties to brief the issue of additional sanctions, including reimbursement of the attorney’s fees incurred in bringing the motion.