Claims for Lost Wages Dismissed Due to Fraud on the Court


In the case of Jimenez v. Ortega, the Plaintiff's claims for lost wages and pain and suffering had been dismissed by the Trial Court. The Appellate Court upheld the dismissal. Jimenez v. Ortega, 40 Fla. L. Weekly D2609 (Fla. 5th DCA, 2015). This was due to the fact that the Court found that the Plaintiff was not honest during several depositions. These depositions occurred over several years. The Plaintiff had not been honest about his pain and suffering or his ability to work. The Defendant had hired a private investigator, who had discovered that the Plaintiff was not being honest regarding his pain and suffering and ability to work. As a result, the case was dismissed.

The moral of the story is that the personal injury plaintiff, during the course of litigation, must at all times be honest. Lack of honesty, regarding the accident or injuries, can result in dismissal of the Plaintiff's case - as it did in the case above.