Dickinson & Gibbons Obtains Dismissal for Fraud on the Court
On July 31, 2019, A. James Rolfes and Jesse R. Butler obtained a complete dismissal with prejudice of a personal injury lawsuit, after demonstrating to the court that the Plaintiffs were committing fraud. The Plaintiff claimed to have been rear-ended by the firm’s client. She claimed back injuries in her lawsuit, and was joined by her husband who filed a loss of consortium claim. After discovery, Mr. Rolfes and Mr. Butler were able to demonstrate that the Plaintiff lied under oath about pre-existing injuries, and that she and her husband had intentionally failed to disclose a history of treatment and prescriptions related to back pain, including numerous doctor visits. The Court granted the extraordinary remedy of dismissing the Plaintiffs’ case entirely, for fraud, and entered judgment for the Defendant.