In this case the Plaintiff claimed that his shopping cart suddenly and violently stopped after coming into contact with a bag of merchandise on the ground causing him to fall to the floor. The Plaintiff claimed that the Big Box Retailer failed to maintain the store in a reasonably safe condition and failed to warn of a dangerous condition. However, due to the diligent efforts of HM&B, it was discovered that the photographs of the bag of merchandise provided by Plaintiff in support of his claim were fraudulent. Although the Plaintiff claimed that the photographs were taken on the date of the incident, in fact, the photographs were taken the day AFTER the alleged incident and showed that the bag of merchandise had even been repositioned between photographs in order to manufacture a dangerous condition. The Plaintiff incurred over $400,000 in medical bills and claimed significant injuries. An expired proposal for settlement will assist the Big Box Retailer in recovering its fees and costs for defending this fraudulent suit. Congratulations to Audra M. Bryant, Esq. and Kimberly Archila, Esq. for securing this summary judgment win.
