Thomas Paradise, Esq. and Belinda Scott, Esq. (Broward/Hollywood, FL) (Slip and Fall) obtained a Dismissal in the case styled Juana Vasquez v. Target.
Plaintiff filed a lawsuit based on negligence, claiming that she slipped and fell on a dirty’ substance on Target’s floor. Plaintiff indicated that she had been pushing a shopping cart, when she slipped and fell on what she described to be pink yogurt that she believed to have been on the store’s floor for a long time based on the fact that it appeared to be somewhat dried/hardened. Plaintiff allegedly injured her neck and back as well as her right knee. During her sworn deposition and in her Answers to Interrogatories, Plaintiff denied ever having injured her neck and back at any time prior to the date of loss. However, during the course of discovery, we learned that the Plaintiff had actually been involved in at least two prior motor accidents as well as a prior slip and fall incident, wherein she sustained injuries to her neck and back.
Based on the foregoing evidence, we filed a Motion to Dismiss for Fraud based on the inconsistencies noted above. We obtained a copy of Plaintiff’s deposition transcript from the litigation which ensued from her second car accident, wherein she acknowledged neck and back injuries and extensive treatment. In our motion, we also pointed out the fact that the Plaintiff’s description of the subject incident (that she slipped and fell to the floor despite attempting to regain her balance) was inconsistent with what was shown in the surveillance video of same (Plaintiff merely slipped, did not fall). We also requested that the Court enter an Order entitling Target to attorney’s fees based on the fact that Target was forced to defend a matter premised on Plaintiff’s fraudulent claim.
The Court granted our motion and dismissed the matter with prejudice. The Court has not yet ruled on the issue of attorneys’ fees and costs.