We are pleased to announce that Andrew Russo and Matt Holtsinger obtained a final summary judgment in favor of their client. The case at issue, which was pending in the Middle District of Florida, involved claims of equitable subrogation and equitable contribution brought by one insurance carrier against another insurance carrier following a settlement in an underlying personal injury case. The Plaintiff was seeking damages in the amount of $950,000. Judge Moody granted the Defendant’s motion for final summary judgment on both counts and rendered judgment in favor of the Defendant.
The Plaintiff was found to have concealed a prior shoulder injury that was directly relevant to the claims made in the Case. The Court found clear and convincing evidence had been presented which established that Plaintiff engaged in an intentional scheme to evade discovery of facts central to the case. Plaintiff intentionally concealed or withheld information directly related to his injuries, a core issue in the litigation. The Plaintiff’s failure to disclose critical facts about prior injuries, pain, and treatment, as well as prior healthcare providers and medical records, can only be interpreted as an intentional attempt to thwart Defendant’s discovery of all essential facts. The Court granted the motion for fraud and dismissed the case. The Plaintiff appealed and oral arguments were held on December 2, 2020.