John Guyton and Melissa Isabel obtained a favorable decision in an appeal of a trial court order granting their motion for fraud.
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.