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TAYLOR v. PENSKE TRUCK LEASING CORPORATION

No. 1D07-3150.

975 So.2d 588 (2008)

Richard Lee TAYLOR, III and Lisa Marie Taylor, his wife, Petitioners, v. PENSKE TRUCK LEASING CORPORATION, a foreign corporation, Baron Transport, Inc., a foreign corporation, Ryder Truck Rental, Inc., a Florida corporation, and Clinton Ryan, Respondents.

District Court of Appeal of Florida, First District.

February 28, 2008.

Attorney(s) appearing for the Case

Bryan S. Gowdy and John S. Mills of Mills & Creed, P.A., Jacksonville and Christopher Shakib of Terrell Hogan Ellis Yegel Wel, P.A., Jacksonville, for Petitioners.

Dennis R. Schutt and Alison N. Emery of Schutt, Schmidt, Burnett & Noey, Jacksonville, Attorneys for Respondent, Penske Truck Leasing Corporation; and Michael S. Donsky of Birder & Donsky Law Offices, P.A., Gainesville, Attorney for Respondents, Baron Transport, Inc., Ryder Truck Rental, Inc., and Clinton Ryan.

BROWNING, C.J.

Petitioner Richard Taylor was in a car accident which he cannot remember. As a result, he relied on experts to answer interrogatories about the accident, but wrote the answers in the first person. Respondents did not know the answers came from experts until Taylor's deposition, wherein it came to light he could not remember the accident. Respondents then moved to dismiss the case for fraud, and moved for sanctions. In opposition to these motions, Petitioners...

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