Meeting a High Burden of Proof
Sometimes, the most valuable outcome for a client is a swift one. So we take the opportunity to see a matter from all sides, and take an efficient approach whenever possible.
In a recent liability defense case, Rissman attorney Kendall Griesse secured a dismissal for fraud in a motion raised in a matter relating to personal injury claims. The judge acknowledged the high burden of proof necessary in granting a motion to dismiss, but ultimately determined that the defendant had met it.
How did they make this determination? The court found that the plaintiff knowingly set in motion efforts aimed at interfering with the court’s ability to impartially adjudicate the matter at hand, based on the following parameters:
- The plaintiff’s failure to disclose his history of prior personal injury claims, including a previous lawsuit that was dismissed for fraud
- The plaintiff’s failure to disclose prior injuries and treatment to his back, neck, knees, and shoulders
- The plaintiff’s failure to disclose his history of felony fraud convictions
Ultimately, as the prevailing party, the defense is entitled to a judgment for taxable costs, which Kendall will pursue.