Kubel v. San Marco Floor & Wall, Inc.

CASANUEVA, Judge.

Hannelore Kubel sued San Marco Floor & Wall for damages she suffered in a fall allegedly caused by San Marco’s negligence. The circuit court dismissed her complaint, finding that she had committed fraud on the court. We reverse the dismissal and remand for further proceedings.

The circuit court’s basis for dismissing Mrs. Kubel’s action was that her husband had asked the surgeon who treated his wife after the fall to revise a written report the physician had provided to Mrs. Kubel’s lawyer. The report, written more than a year after the accident, discussed Mrs. Kubel’s…