Upshaw Williams

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Southern District Federal Court Dismissal As A Sanction

Hugh Gillon recently obtained a Dismissal with Prejudice in a trucking accident case filed in the United States District Court for the Southern District of Mississippi.  The plaintiff alleged the subject accident resulted in significant injuries to her neck, shoulders and back.  The pre-accident medical records obtained by the defense during discovery showed that plaintiff had a 20 year history of treatment for the same or similar medical problems.  However, when plaintiff was deposed, she denied any pre-accident injuries or treatment.  Through the use of plaintiff's medical records and deposition, the defense conclusively proved that plaintiff gave sworn testimony wherein she misrepresented the truth about her extensive pre-accident medical history such that dismissal with prejudice was appropriate.  In the order dismissing the case, the Court held that, "[t]he harshest sanction imposed today is justified by the plaintiff's extreme misconduct.  The Court hopes it sends a signal to litigants and attorneys about the importance of truth in our system of justice."  Taylor v Consolidated Pipe & Supply Co., Inc., No. 3:15-CV-585-CWR-FKB, 2017 WL 3090317 (S.D. Miss. July 20, 2017)

Laura Beth Lott