May 7, 2025
ShareKelley Kronenberg Strategy Led to Voluntary Dismissal in Auto Accident Case
Kelley Kronenberg Of Counsel Sunita “Nita” Smith secured a swift victory for a defendant driver in Leon County Circuit Court through innovative motion practice that led to voluntary dismissal of a negligence claim seeking damages in excess of $50,000.00.
The case stemmed from a January 2024 motor vehicle accident in Tallahassee. While the plaintiff filed suit alleging negligence against our client and underinsured motorist claims against his own insurer, Nita identified a critical piece of evidence during early case review that would completely undermine the plaintiff’s claims.
Rather than proceeding with standard answers and affirmative defenses, Nita thoroughly examined body camera footage from the responding Tallahassee Police Department officer that had been produced in initial disclosures. The video captured the plaintiff’s contemporaneous admission that he had caused the accident—a statement that directly contradicted the allegations in his complaint.
Armed with this evidence, Nita drafted a compelling motion to dismiss for fraud on the court, citing Florida case law establishing that filing a lawsuit containing allegations known to be false constitutes fraud on the court system. The motion highlighted that pursuing the lawsuit would require the plaintiff to commit perjury, given his recorded admission at the scene.
Upon receiving this motion, plaintiff’s counsel from a prominent personal injury firm promptly filed a notice of voluntary dismissal rather than attempt to defend against the motion at hearing.
This strategic approach achieved immediate resolution without the expense of protracted litigation, depositions, or trial preparation, providing significant cost savings for the client while securing the optimal outcome. The case demonstrates the importance of thorough early case assessment and the effectiveness of creative motion practice in appropriate circumstances.
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