Wednesday, March 15, 2023

Plaintiff's Personal Injury Claim Dismissed After Plaintiff Presented False Documents and False Testimony To the Court

In the case Brown v. Kimsey, No. 2:22-CV-03441-MAK (E.D. Pa. Feb. 10, 2023 Kearney, J.), the court relied upon the applicable factors identified in the case of Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984), to dismiss an automobile accident personal injury case being pursued by a Plaintiff who was originally represented but who then became a pro se Plaintiff after the attorney withdrew. The case was dismissed based upon the court’s finding that the Plaintiff had presented altered documents and had a friend falsely claim that she was the Plaintiff’s wife in an effort to secure a recovery on a loss of consortium claim.

Judge Kearney started off his Opinion by stating, “Truth-seeking in our adversary system of resolving disputes depends on zealous advocacy of grounded legal arguments based on facts. Facts are facts; they are not theories or hopes. Misrepresentation of facts are not permitted in court. Parties and their lawyers who present knowing false facts to the court cannot recover in the public’s courthouse.”  See Op. at 1.

As part of the support for the dismissal of the claim, the court noted that the Plaintiff sat by during depositions while his female friend lied under oath that she was the Plaintiff’s wife. That friend then repeatedly invoked her Fifth Amendment right against self-incrimination when she realized that the opposing party had uncovered her lies.  Thereafter, the friend, who purported to be the Plaintiff’s wife, quickly dropped her false of loss of consortium claim when the opposing party would not pay her based upon those misrepresentations.

In the end, based upon this evidence, and other evidence, the court dismissed the case after finding that the pro se Plaintiff had committed a fraud upon the court.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order can be viewed HERE.

I send thanks to Attorney Thomas Butler of the Flourtown, PA office of Butler Law for bringing this case to my attention.

Source of image:  Phot by Brett Jordan on

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