CK Attorneys obtain dismissal of frivolous filing
CK Partner Robert S. Tengesdal and associate James Robinson successfully obtained a dismissal of the Estate of a deceased physician as a sanction for filing a frivolous lawsuit. In his filing, Plaintiff claimed that the defendant didn’t adequately treat his Hepatitis C. In fact, discovery revealed that Plaintiff is one of the lucky 15% of the population that can process Hep C on his own without treatment. After having 3 counsels previously represent him and then withdraw due to Rule 11 concerns, Plaintiff, then pro se, moved for appointment of new counsel and submitted an altered medical letter in which he falsified his name and other identifying information in an effort to convince the Court to appoint new counsel. Defendant, the executor of the late doctor's Estate, argued that it was obvious that Plaintiff altered the document, that it was ridiculous to believe that the IDOC, which was not a party to this lawsuit, would alter a medical record in order to make it appear that Plaintiff had a severe medical condition. Further, Defendant argued that Plaintiff’s actions warrant dismissal of the lawsuit. The Court agreed with Defendant's arguments, was aware of the plaintiff's propensity for filing frivolous lawsuits, and dismissed the case with prejudice as a sanction.