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Motion to Dismiss for Fraud on the Court
Summary:
Daniel Santaniello and Bill Peterfriend won a rare Motion to Dismiss for Fraud on the Court in Palm Beach County a week before trial was set to begin on a $ 2 Million dollar claim. Plaintiff filed suit alleging that on February 23, 1998, she was riding in a jog cart behind her horse at Sunshine Meadows Equestrian Village when a Sunburst Sanitation Waste Vehicle came onto the property to pick-up a dumpster, spooked her horse, causing the horse to go out of control. Plaintiff later changed her story to claim that Sunburst’s vehicle hit her jog cart, causing it to tip over and causing the Plaintiff’s injuries. Plaintiff had several back surgeries and received total Social Security Disability and was demanding $2 million. Based upon the change in story, the Defense argued that the Plaintiff's case should be stricken for fraud on the Court. The court entered an order granting the Motion, holding that Plaintiff lied under oath regarding how the accident occurred, resulting in spoliation of evidence and prejudice to the Defendants. Read More