Attorney Brooke DiSalvo recently obtained a dismissal with prejudice due to a Plaintiff’s fraud upon the court. The suit was brought following a motor vehicle vs. bicycle collision which resulted in the vehicle’s driver being sued for automobile negligence in Bay County, Florida.
The Plaintiff bicyclist claimed resulting head, neck, back, leg, and knee injuries. Throughout discovery, it was uncovered that Plaintiff failed to identify relevant medical history, including multiple undisclosed accidents which resulted in injuries and necessitated medical treatment. Ms. DiSalvo filed a Motion to Dismiss for Fraud, detailing twenty-five instances of concealment by the Plaintiff. Medical records, Facebook posts, and public records were submitted to demonstrate Plaintiff’s numerous misrepresentations under oath.
Ms. DiSalvo successfully proved with clear and convincing evidence that Plaintiff lied under oath in written discovery and during her deposition, and that Plaintiff’s dishonesty went to the heart of her claim. Accordingly, the Court dismissed Plaintiff’s claims with prejudice due to Plaintiff’s fraud upon the Court.
About Brooke A. DiSalvo
Brooke DiSalvo is an associate attorney working for the firm in Pensacola, Florida. Ms. DiSalvo primarily focuses her practice on insurance defense litigation, including coverage issues and insurer bad faith/extra-contractual liability. Ms. DiSalvo also has significant experience defending first party property actions, employment disputes, and cases interpreting Florida’s assignment of benefits laws.
In law school, Ms. DiSalvo spent years training to be a litigator as a member of Cumberland School of Law’s top-ranked National Trial Team. Ms. DiSalvo and her team won both the 2017 Florida National Trial Advocacy Competition and the 2018 Drexel University Battle of the Experts National Trial Competition. During these trial advocacy tournaments, Ms. DiSalvo and her trial partner were undefeated, never losing a ballot from any judge. Ms. DiSalvo’s team also reached the final four round at the American Association for Justice Trial Regional Competition in Birmingham, Alabama.
Ms. DiSalvo is also an advocate for the effective use of technology in the legal profession and was awarded the highest grade in Advanced Skills in Trial Advocacy, a law school course focusing on the effective use of courtroom technology during trial.
Brooke is a Florida native and enjoys golfing, going to the beach, and spending time with her dog, Griffin.