12 September, 2025

Blazak, Prieto, & Hawes Defend Against High Exposure Negligence Claims Achieving Full Dismissal For Fraud with Prejudice

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In: Verdicts

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September 12, 2025

ORLANDO, FL – QPWB has secured a complete defense victory in a negligence case stemming from a rear-end automobile accident. The court granted the defense team’s Motion to Dismiss for Fraud on the Court, which dismissed the Plaintiff’s claims in their entirety with prejudice and no recovery granted.


Overview of the Case

This legal action stemmed from a minor rear-end automobile accident in April 2023. A Plaintiff sought damages for a range of alleged permanent injuries with a demand for policy limits of $2,250,000. During the course of discovery, the defense team uncovered evidence that the plaintiff had intentionally concealed critical information directly related to the conditions and symptoms he claimed as new injuries.

Key Difference-Makers

Administrative Support

  • Joanne Mistrulli – Paralegal

Claims Made Against Our Client

The Plaintiff sought damages for alleged permanent injuries to the left shoulder and low back, as well as increased small fiber neuropathy, leg pain, anxiety, depression, and bladder/urinary issues. The Plaintiff had multiple surgeries, injections, and ablation procedures to his low back and a left shoulder surgery. He claimed that all of this treatment was necessary and related to the minor impact collision. The Plaintiff's past medical bills exceeded $1,400,000, and he also sought non-economic damages for past and future pain and suffering.

Defense Strategy

The defense initially approached the case by building an argument on all elements of the claim, including liability and causation. Our team retained multiple experts to defend this case and were prepared to take the case to trial. However, in the course of discovery, it became apparent that the plaintiff had intentionally concealed or withheld information directly related to the same areas of the body, conditions, and symptoms which he had alleged as his injuries, a core issue in this litigation. During two days of deposition, the plaintiff repeatedly denied any prior complaints or treatment for the same injuries. This directly contradicted other records, including prior testimony in a disability hearing. The multitude of false statements and failure to fully disclose facts led the defense to pursue a Motion to Dismiss for Fraud on the Court.

Impact on Final Outcome

The Plaintiff’s decision to unequivocally deny his extensive prior treatment provided the defense with the clear and convincing evidence required to prove an intentional scheme to evade discovery. Our team’s extensive preparation and diligent gathering of the Plaintiff’s records allowed us to provide the court with the compelling evidence needed to meet the high standard for fraud on the court, which ultimately resulted in the case's dismissal with prejudice, and no recovery.

Unique Aspects of the Case

The Plaintiff had an extensive prior medical history of similar complaints and a rare neurological condition for which he was in active ongoing pain management prior to the collision. The Plaintiff repeatedly failed to disclose the full extent of his prior treatment and complaints and attempted to claim all of his injuries were new and related to the subject accident rather than an aggravation.

Predicting the Future

This victory highlights that while the standard for dismissal due to fraud is exceptionally high, QPWB attorneys are prepared to pursue every legal avenue to protect our clients. This outcome establishes a strong precedent for future cases by demonstrating that clients can be protected from intentional schemes to deceive the court. The win further proves the value of diligent discovery and meticulous record analysis in securing a favorable outcome.

Key Actions in This Case

  • Motion to Dismiss for Fraud on the Court: Achieved a complete dismissal with prejudice and no recovery for Plaintiff’s intentional misconduct
  • Meticulous Discovery & Analysis: Detailed review of thousands of pages of medical records uncovered the fraud
  • Targeted Depositions: The defense team's questioning at deposition was key to securing admissions that directly contradicted medical records and formed the basis of the fraud claim


About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 54 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.

Discover the QPWB Difference

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