Civil Litigation
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Armakan v. McLean
26 Fla. L. Weekly D2641 (Fla. 3d DCA November 7, 2001)
Plaintiff claimed to have suffered an injury to his left knee in auto accident. In response to interrogatory and deposition questions, Plaintiff denied any prior injuries to his knee. However, medical records revealed surgery of his right knee 18 years before. The court found that the misrepresentation was not material because it involved the right knee rather than the left knee allegedly injured in the accident. Therefore, the court found that case should not have been dismissed without a finding that the plaintiff had attempted to commit a fraud upon the court.
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