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Here are summary of what happened after last time I asked the…

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Here are summary of what...
Here are summary of what happened after last time I asked the question:
(Last time the question was about defendants would not meet my demands for disclosures - they would not release among other things, my dental x-rays and my dental impressions.)
Finally, as the answer suggested, I filed a motion to compel disclose, with attached Affidavit and Good faith Affidavit. In response, defendants for the first time replied to my Disclosure demand (which they dated months earlier, saying to the Court that they replied to me by that date). Upon their response, I filed and sent them a Notice of Inspection, for inspecting my dental impressions and all x-rays. A few days later, defendants filed for summary Judgment motions.
In their Affidavits supporting the motion, both defendant and the expert witness stated that they reviewed my records, including x-rays, and in their opinions, they did no wrong. Further, they lied about my record, which my x-rays would prove their lie.
For example, One of my allegations is that defendant made a negligent mistake when performing a crown installation procedure on a tooth by excessively cutting off the gum tissue resulting damage to me. I had several x-rays and dental impressions taken right before the procedure, and the x-rays and dental impressions taken after it. I know that they are very different - the result would speak for itself. In their Affidavits, they explicitly stated that the gum loss I alleged was not from defendant's mistake, but from the old crown on that tooth, it developed "crown cavity" along the gum, causing gum loss. I don't believe this is "medical opinions". Suppose an ophthalmologist looking at a picture of a person without glasses and says: "In my expert's opinion the person in the picture is wearing glasses". That would be a false statement, because a person with or without glasses is a matter of fact. In my case I had or did not have an old crown is a matter of fact, which recorded on the x-rays.
I responded to the court that defendants had not release the evidences, and I did not have an old crown, defendant was to put crown for the 1st time. In the motion hearing, I told the Court that without my x-rays I would not be able to have expert to say anything.
But the judge granted their s.j. motion, citing that based on both defendant and expert I had a preexisting condition, namely old crown with "crown Cavity". And I only provided my own words, which was not enough to experts' testimony. And my motion to compel disclose as moot.
I am now appeal the Court's Order.
My question is: Do I have additional legal case against defendants and their expert for lying to the Court in their sworn Affidavits, because their lies caused my case to be dismissed, and caused my time and money to appeal it. And if I do, is there a time limitation on it?
Submitted: 8 years ago.Category: Personal Injury Law
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6/24/2010
Personal Injury Lawyer: RJ, Professor replied 8 years ago
RJ
RJ, Professor
Category: Personal Injury Law
Satisfied Customers: 3,070
Experience: Former Torts professor and former personal injury paralegal
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You can sue them for fraud if their affidavits were untrue and caused your case to be dismissed. You have six years to file a lawsuit for this type of claim. Good luck and remember to press accept so that I mat get credit.
RJ
RJ, Professor
Category: Personal Injury Law
Satisfied Customers: 3,070
Experience: Former Torts professor and former personal injury paralegal
Verified
RJ and 87 other Personal Injury Law Specialists are ready to help you
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Customer reply replied 8 years ago
I have a following question:
I want to report the defendant and the expert witness for perjuries on the same issue. The followings are my reasons to believe the perjuries were committed:
As I said before, the defendant mistakenly cut off excessive gum tissue in the crown preparation. On the same day of the operation, after I came back home and looked at mirror, I put off everything and called him right away. Soon afterwards (same day) he called me back. I said to him that I saw so much gum was cutting off, it looked scary. He told me not to worry, that was normal, and the gum "will eventually grow back". And I assured of his answer back and forth with him a few times. After that, as time went I mentioned to him several times, he was not straight but he never changed his answer. After I found out he knowingly profit from me in the subsequent another treatment, I complained, for both treatments. I spent about a year trying at all levels of the administrations before I brought the law suits. He knew all of the process. For him to say in his sworn Affidavit that I had an old crown with "crown cavity" was no possibility of mistake, it was a intentional lie. The Affidavit of the expert witness on the issues of old crown with "crown cavity" was word by word a copy of that of the defendant. But she stated in the beginning of her Affidavit that she independently reviewed all my dental record including x-rays. What is the chance that her independent opinion ended up with exact words as the defendant's lie?
I recently wrote the expert witness a letter, telling her why I am sure that she lied in her statement (on old crown with "crown cavity") and told her why that was not a medical opinion, because I assume that she just wanted to do a favor for the defendants. But I told her that she was wrong and hope she correct her mistake, so I would not hold her accountable. The defendants filed a motion for sanction me (for contacting her). In the motion they said that I violated the Penal law. When I looked at the Penal law carefully, I truly believe that the defendant and the expert witness violated the Penal law Art. 210, perjury.
Is there a time limitation on reporting a perjury?
Personal Injury Lawyer: RJ, Professor replied 8 years ago
If the perjury occurred in federal court you would have five years. In state courts it is usually three years. Report these witness to the local prosecutor.
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