LAURORE v. MIAMI AUTOMOTIVE RETAIL, INC.

No. 3D08-1124.

16 So.3d 862 (2009)

Joses Marshall LAURORE, Appellant, v. MIAMI AUTOMOTIVE RETAIL, INC., d/b/a Brickell Motors, and Carlos M. Hervis, Appellees.

District Court of Appeal of Florida, Third District.

June 10, 2009.


Attorney(s) appearing for the Case

Feiler & Leach and Martin E. Leach, Coral Gables, for appellant.

Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer and Hinda Klein, Hollywood, for appellees.

Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.


WELLS, J.

Joses Marshall Laurore appeals from an order dismissing as a sanction for fraud, his single-count negligence action to recover the damages he allegedly sustained in a rear-end automobile collision. While we agree that some of Laurore's damage claims might properly be stricken, dismissal of the action cannot be justified on the record before us.

According to the complaint and related discovery, in March 2005, Laurore's car was struck from behind by...

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