Hernandez v. City of Miami

Elvis Hernandez appeals from the trial court’s order striking sham pleadings and dismissing a personal injury claim with prejudice. We reverse.

Hernandez sued the City of Miami (“the City”) and Florida Department of Transportation (“DOT”) for injuries sustained after falling into a defective storm drain on a City sidewalk. Hernandez’s complaint alleged injuries to his left leg and back, and that he suffered exacerbation of a preexisting condition.

DOT moved to strike sham pleadings. DOT alleged fraud because there were discrepancies in Hernandez’s answers to interrogatories and during…