ZK Results – Attorney John W. Zotter Obtains Dismissal of Lawsuit Following Entry of Multiple Discovery Orders
In a lawsuit arising out of an alleged slip and fall in the parking lot of a drug store, the Plaintiff claimed that she fractured her left wrist as a result of falling on accumulated snow and ice. At her deposition, the Plaintiff denied that she was employed subsequent to the accident. However, it was later learned that the Plaintiff was working as an aide after the accident. When questioned about working as an aide in written discovery requests served after her deposition, Plaintiff claimed that she worked as a volunteer and was not paid. Subsequent investigation revealed that the Plaintiff actually received $30,000 during the year following the accident. The Defendant sought production of the Plaintiff’s tax records but those records were not produced. A series of discovery Orders were entered against the Plaintiff due to her failure to produce her tax records. As a sanction for failing to comply with a previous Order, the Court ordered that the Plaintiff was precluded from entering evidence at the time of trial. Following the entry of this Order, the Defendant filed a Motion for Summary Judgment seeking dismissal of the lawsuit and the Motion was granted by the Court of Common Pleas of Allegheny County.
