Miami, FL – QPWB Partner David Perez, with assistance from Associate Dalton Clouser, delivered a complete defense victory for a property owner in a high-exposure negligence case. This matter involved claims of a negligently maintained parking garage barrier system, where the Plaintiff alleged significant injuries after her vehicle was left precariously hanging. Their successful efforts resulted in a $0 award for the client, despite the Plaintiff's initial allegations for 6-figure damages.

Overview of the Case

The lawsuit arose from a negligence claim filed against the property owner of a parking garage. The Plaintiff alleged significant injuries resulting from an incident where her vehicle reportedly struck a barrier system on the second floor. She contended the barrier was negligently maintained and failed to withstand the impact, causing her car to hang precariously from the second floor for an extended period before she was rescued. This incident formed the basis of her claims for substantial physical and emotional damages.

Adding a unique and critical layer to the case, QPWB's investigation revealed the Plaintiff had filed a bankruptcy action subsequent to the accident, during which she provided sworn testimony that directly contradicted her current allegations of injury and fault.

Key Difference-Makers

• David Perez – Partner, Miami Hub
• Dalton Clouser – Associate, Miami Hub

Claims Made Against Our Client

The Plaintiff's suit against the property owner presented the following core claims:

• Allegations of negligent maintenance of the parking garage's barrier system
• Contention that the barrier's failure to contain her vehicle caused her car to hang precariously from the second floor
• Assertions that the incident resulted in substantial physical and emotional damages

Defense Strategy

Recognizing the substantial implications of the Plaintiff's contradictory sworn testimony, the QPWB defense team swiftly formulated a plan to dismantle the opposing counsel's case. With this critical inconsistency in hand, they developed a highly focused strategy. They strategically leveraged the Plaintiff's contradictory sworn testimony from her bankruptcy proceedings, in which she stated under oath that the accident was her fault and she suffered no injuries. By preparing and filing a robust Motion to Dismiss for Fraud Upon the Court, the team directly challenged the Plaintiff's inconsistent legal positions across different proceedings. This targeted approach focused the court's attention on the integrity of the claims themselves, rather than engaging in prolonged factual disputes about the incident.

Impact on Final Outcome

The Plaintiff clearly recognized they could not prevail in the matter due to the findings of QPWB's investigation and the compelling arguments presented in the Motion to Dismiss for Fraud Upon the Court. Shortly after the motion was filed, the Plaintiff voluntarily dismissed the case, thereby absolving the property owner of any liability and securing a complete defense victory.

Unique Aspects of the Case

The most unique aspect of this case was the Plaintiff's subsequent bankruptcy action, wherein she testified under oath that the accident was her fault and she suffered no injuries, directly contradicting her claims and allegations in the negligence lawsuit.

Predicting the Future

This win underscores QPWB’s commitment to rigorous investigation and proactive defense strategies. It highlights how fully exploring any and all possible avenues, including uncovering inconsistencies across legal proceedings, can result in the dismissal of matters against our clients or their prevailing on the matter. This approach leads to early dismissals and successful outcomes when supported by the facts and law, setting a strong precedent for future litigation and ensuring clients consistently prevail.

Key Actions in This Case

• Thorough investigation revealing inconsistent sworn testimony in a separate bankruptcy proceeding
• Strategic filing of a Motion to Dismiss for Fraud Upon the Court
• Leveraging contradictions in the Plaintiff's legal positions to achieve dismissal

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 49 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.