Ken Amos and William Gula (St. Petersburg, FL) (Fraud) defended a Tampa, Florida Chick-fil-A restaurant in a case where a Plaintiff was found to have committed fraud upon the court. The Plaintiff filed suit on October 1, 2013, alleging negligence against the restaurant and Chick-fil-A, Inc. The Plaintiff alleged that he tripped and fell over a curb on the property of the restaurant. During the pre suit investigation, it was believed that the Plaintiff actually tripped over his grandson, which caused a fractured elbow and an extensive hospitalization due to complications with pneumonia. When the Defendant responded to the Complaint, it served a sanctions letter pursuant to Fla. Stat. Sect. 57.105 accompanied by a Motion for Sanctions. Both documents included the Defendant’s belief that the grandson caused the fall. The Defendant served interrogatories at the beginning of the lawsuit, and despite the Defendant notifying the Plaintiff that the grandson was present and caused the fall, the Plaintiff continued to deny it and even refused to identify the grandson in the interrogatory responses. After almost two years of heavy litigation, the court granted the Defendant’s Motion to Dismiss with Prejudice for Fraud Upon the Court. The case is currently in the attorney’s fees and litigation costs stage, but it recently resulted in the arrest of the Plaintiff for Insurance Fraud More than $100k Fraudulently Presenting a False Statement.
After the case was dismissed, the State of Florida Department of Financial Services Bureau of Insurance Fraud opened an investigation into the Plaintiff. The St. Petersburg Office of Vernis & Bowling worked closely with detectives by providing them all of its evidence used in the civil fraud action against the Plaintiff. On December 15. 2017, the Plaintiff received an early Christmas present when he was taken into custody for his fraudulent conduct. He has been released on bond but has his first visit with a criminal court judge on January 3, 2018.