Quintairos, Prieto, Wood, & Boyer, P.A., Miami-Hub Partner Kimare Dyer, Partner Reginald J. Clyne, and Associate Markenson Pierre's unwavering determination secured a victory for the defense as the court granted the Motion for Fraud on the Court, resulting in the dismissal of the lawsuit against our client.

Our Key Difference-Makers in Action

• Kimare Dyer drafted the Motion for Fraud on the Court, participated in preparing legal documents crucial to the case, and played a key role in identifying and addressing fraudulent activities within the court proceedings.
• Reginald J. Clyne collaborated with Markenson in handling the evidentiary hearing, played a significant role in presenting witnesses and evidence during the trial, demonstrated a comprehensive understanding of the case, and actively participated in legal proceedings.
• Markenson Pierre co-drafted the Motion for Fraud on the Court alongside Kimare, took an active part in the evidentiary hearing before Judge Butchko, and contributed to the legal strategy and arguments presented during the non-jury trial.

Overview of the Case

• The plaintiff alleged slipping and falling at the defendant's apartment complex, citing uneven pavement as the cause.
• Evidence revealed the fall occurred while avoiding dogs, not due to property conditions. Plaintiff also had a prior lumbar spine injury from a 2017 motor vehicle accident.
• Motion for Fraud on the Court filed, leading to the lawsuit's dismissal.

Claims Made Against Our Client

• Failure to properly maintain the premise
• Failure to repair defective conditions of the premises
• Failure to warn of latent dangers on the premises

Attentive Strategy Ensured Honest Representation and Dismissal of Unfounded Claims

• A thorough investigation of the Plaintiff's medical history uncovered two prior motor vehicle accidents, establishing a pattern of lumbar spine injuries.
• Subpoenaed auto insurers for records, obtaining crucial evidence of Plaintiff's undisclosed lumbar injury and treatment.
• Preserved text messages from the client and interviewed other tenants to uncover the true cause of the fall--Plaintiff avoided two dogs.
• QPWB confronted Plaintiff at the deposition with evidence, exposing inconsistencies and denials.
• Filed a Motion for Fraud on the Court, leveraging gathered evidence to request dismissal.
• The court granted dismissal based on the plaintiff's refusal to admit the truth and continued blame on the defendant.

QPWB Establishes Difference-Making in Legal Representation

• The Plaintiff's credibility was undermined as evidence revealed lies about the cause and nature of the injury.
• The misrepresentation of critical elements in the claim, affecting the defendant's legal responsibility, led to the court considering dismissal.
• Obtaining evidence of undisclosed prior injuries from a 2017 motor vehicle accident played a crucial role in discrediting the plaintiff's claims.

Predicting the Future

• We are zealous in our investigation of Plaintiff's claims to ensure that our clients obtain justice.
• We are not afraid to seek severe sanctions where warranted and we will continue to do so, as difference-makers, for our past, current, and future clients.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.