Stephens v. Bay Medical Center
Stephens v. Bay Medical Center
Opinion of the Court
After the plaintiff had rested, the defense renewed its motion for summary dismissal on grounds of fraud, alleging that the plaintiff had lied under oath. The trial court, which had denied the original motion before the trial began, initially took the renewed motion under advisement, and the case went to the jury, which returned a verdict for the defendants. Then, rather than enter judgment on the verdict, the trial court entered judgment solely “PURSUANT to the Court’s Order dismissing Plaintiffs case for fraud upon the Court.”
The trial court ruled that the plaintiffs “conscious scheme ... to enhance the value of his case by misrepresenting his physical limitations under oath” constituted a fraud on the court. It reached this conclusion on the basis of the evidence adduced at the trial, and at the earlier hearing on defendant’s motion to dismiss for fraud. The court denied plaintiffs repeated requests for a new, separate evidentiary hearing.
Reversed and remanded.
Reference
- Full Case Name
- Anthony K. STEPHENS v. BAY MEDICAL CENTER, Gulf Pines Hospital, Inc., David Webb, M.D., Frederick B. Epstein, M.D., Kevin Morrissey, M.D., Bay Emergency Physician Specialists, Inc., and John Doe
- Cited By
- 1 case
- Status
- Published