Victoria San Pedro Discusses Impact of Diaz v. Home Depot

09.01.16

Rumberger attorney Victoria San Pedro Madani authored an article entitled "Court Ejects Slip-and-Fall Suit Against Home Depot for Fraud," published in the September 1, 2016 edition of Daily Business Review.

The article discuss the impact of the Third District Court of Appeal's affirmation of the trial court's dismissal of a plaintiff's personal injury suit for fraud in Diaz v. Home Depot USA. 

San Pedro Madani illustrates that this case demonstrates "that omissions and misrepresentations during the discovery process can have serious repercussions for plaintiffs including the ultimate sanction — dismissal of his or her lawsuit. Given the severity of this sanction, corporate defendants alleging this fraud must meet a high burden of proof — clear and convincing evidence. In addition, there needs to be more than just a mere slip of memory to warrant this harsh sanction."

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