The lawsuit arose out of a minor impact motor vehicle accident. There were no serious injuries, the parties exchanged information, the police were not called and no police report was prepared. The injured passenger in the car that was struck sued the driver of the other car for his medical expenses and lost wages.
The person named in the complaint and served by counsel for plaintiff met with her attorney. She advised the attorney that she was the driver of the car involved in the subject accident, and had caused the accident. The named defendant answered written discovery, under oath. As the parties and their respective attorneys were walking into the defendant’s deposition, plaintiff’s attorney was made aware by his client that the “defendant” was not, in fact, the person who was driving the car involved in the accident. Nevertheless, the deposition went forward and the defendant testified that she was the person driving the vehicle that struck the car in which the plaintiff was a passenger.
Several months later, the client admitted to her attorney that her daughter had been driving and had given her mother’s name to the plaintiff, who had neglected to ask for a driver’s license.