False Trial Testimony Uncovered
09 Aug 2007
Sometimes the jury does not get to hear the "truth. The whole truth and nothing but the truth." Through hard work and thoroughness, the attorneys at Perenich Caulfield Avril Noyes were able to show that a Defendant lied to a jury in a recent trial.
The jury trial involved injuries sustained after a client fell in an open pit in a local oil-changing business. During the trial, the owners of the business lied to the jury by concealing the fact that two persons sustained injury after falling into the same open, unguarded pit in which the client fell. It was only after the trial did Perenich Caulfield Avril discover the existence of the prior falls.
Upon discovering the false testimony, the attorneys at Perenich Caulfield Avril asked the Court to permit further investigation. The Court granted the investigation, which resulted in further lies and roadblocks. Nevertheless, the attorneys at Perenich Caulfield Avril battled to get the truth. An evidentiary hearing was heard in front of the Judge who presided over the trial. Following the evidentiary hearing, the Judge determined that the business owners willfully concealed these two prior accidents throughout pretrial discovery and at trial by committing willful discovery violations and testifying falsely through corporate interrogatories, their corporate representative's deposition, and the sworn testimony of one or more of their corporate officers during pretrial discovery, trial testimony and at the Evidentiary Hearing. The Judge further ruled that the business owners clearly and convincingly set in motion some unconscionable scheme calculated to interfere with the judicial system's ability to impartially adjudicate a matter by (1) improperly influencing the jury, and (2) unfairly hampering the presentation of the opposing party's claim.
Perenich Caulfield Avril's persistence for the truth uncovered these lies and resulted in a favorable settlement for the client. Perenich Caulfield Avril Noyes remains dedicated to fighting for the truth and seeking justice for those injured because of the fault of others.
