Fort Lauderdale Managing Partner, William Peterfriend, Esq., and Boca Raton Junior Partner, Erin O’Connell, Esq., obtained a Dismissal with Prejudice following a hearing on Defendants’ Motion to Strike Pleadings. In the matter styled George Acevedo v. Fitzgerald Auto Sales and Celia T. Fitzgerald, Plaintiff, George Acevedo, claimed damages stemming from a motor vehicle accident and alleging negligence against the driver, Celia Fitzgerald, and vicarious liability against Fitzgerald Auto Sales. Plaintiff claimed injuries to his neck, low back and left shoulder as a result, and initially demanded $250,000. 

Defendants’ sought to have Plaintiff examined by their expert through a Compulsory Medical Examination, which was mutually coordinated and scheduled with Plaintiff and his attorney. After Plaintiff’s failure to appear, Defendants’ obtained an Order on their Motion to Secure a Compulsory Medical Examination. Defendants diligently documented all communications with Plaintiff’s counsel in attempting to set and hold the CME, yet, once again, Plaintiff failed to make himself available for examination. As it was apparent that Plaintiff refused to cooperate in litigation, Defendants filed their Motion to Strike Pleadings. On June 17, 2021, the Honorable Judge Kastrenakes entered an Order Granting Defendants’ Motion to Strike Pleadings, striking Plaintiff’s Complaint, and Dismissing the Case With Prejudice due to multiple intentional and willful violations of Court Orders directing compliance with discovery obligations by the Plaintiff. Read more.