Sun v. Aviles, ___ So. 3d ___, 35 Fla. L. Weekly D2861 (Fla. 5th DCA 12/17/10)

The appellate court affirmed an order dismissing the plaintiff’s complaint in a personal injury case based upon the court.  The primary plaintiff sought damages for personal injuries sustained in an automobile accident, and his wife and daughter sought damages for loss of consortium.  All three lied repeatedly about the plaintiff’s ability to work and perform the activities of daily living after the accident occurred.  “The case now before us is not one of poor recollection or dissemblance; it is one where the claimants over a span of six years lied repeatedly about [the plaintiff’s] employment and his abilities to perform even the most basic functions of daily life.  Moreover, the [defendants] did not simply make a bald and unsupported accusation to this effect.  Rather, the [plaintiffs], who now admit that they knew at all times that they were supposed to give truthful and accurate answers, repeatedly chose not to do so out of some sort of purported desperation connected with [the plaintiff’s] now acknowledged employment in China.  They lied on virtually every discovery occasion to their own attorneys and experts, as well as to the [defendants], making it virtually impossible for the [defendants] to defend against the damage claims advanced by the [plaintiffs].  “The utterly deceitful behavior of the [plaintiffs] most certainly fits the standard for dismissal of their suit.  The deceit was, indeed, sentiently set in motion in order to interfere with the judicial system’s ability to adjudicate the subject case fairly and impartially.”