Richardson v. Simmons

Plaintiffs' claims alleging that defendants conspired to alter or destroy records to prevent payment of claims in plaintiffs' prior suits amounted to impermissible collateral attacks against the prior judgments.

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Robin Richardson and Ursula Lawler-Whiteman brought separate dental malpractice suits against their respective dentists in which they presented evidence contending that the dentists fraudulently altered or destroyed dental records to conceal the malpractice. The cases were tried in Gwinnett County Superior and State Court before juries which rendered verdicts in 1997 and 1998 in favor of the dentists. No appeals were taken from the judgments entered on the verdicts, and no motions to set aside the judgments because of fraud were filed in the trial courts pursuant to OCGA § 9-11-60.

Subsequent to these unsuccessful suits, Richardson and Lawler-Whiteman jointly filed a suit in Fulton County State Court in 1998 the joint suit against the dentists in the prior suits John W. Simmons, IV, D.M.D., and Shawn Senkbil, D.M.D.; the malpractice insurance carrier which provided a defense to both dentists in the prior suits Continental Casualty Company d/b/a CNA Healthpro; the parent company of CNA Healthpro CNA Financial Corporation; the insurance broker on the malpractice insurance policies issued to both dentists Poe & Brown; the malpractice insurance claims supervisor for both dentists Greg Dallas; and a dentist who testified as a witness for Dr. Simmons in the prior suit Thomas David, D.D.S.. The joint suit alleged in various causes of action that the dentists in the prior suits, along with the other defendants, conspired to alter or destroy dental records to prevent payment of legitimate malpractice claims in the prior suits, and sought to recover all amounts that would have been recovered in the prior malpractice suits plus attorney fees and punitive damages.

Richardson v. Simmons

Plaintiffs' claims alleging that defendants conspired to alter or destroy records to prevent payment of claims in plaintiffs' prior suits amounted to impermissible collateral attacks against the prior judgments.

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