Opinion
Civil Action PORSC-CV-13-73
12-03-2014
STACY MAHONEY, Plaintiff, v. YORK HOSPITAL, Defendant.
ORDER ON MOTION TO DISMISS
Joyce A. Wheeler Justice
Defendant York Hospital has filed a motion to dismiss plaintiff's complaint for fraud on the court. York Hospital alleges that Mahoney participated in intimidating a likely witness at trial and then lied about the incident in her deposition. The motion alleges that Mahoney conspired with her friend Karyn Fisette to place a note on Jessica DeLeon's car. Jessica DeLeon is a likely witness for the defendant in this case. The note read: "How did it feel - not to get that InterMed job. See what evil gets you??"
It is clear from evidence filed by York Hospital that Fisette placed the note on DeLeon's windshield. It is not clear that Mahoney conspired with her to place the note or knew what the note said. On the advice of her attorney, Fisette invoked her privilege against self-incrimination at her deposition and refused to answer questions about the note. York Hospital argues that Mahoney lied at her deposition when she claimed she had no knowledge of the note. York Hospital obtained text messages between Mahoney and Fisette that show Fisette told Mahoney that she placed the note, but the text messages do not show that Fisette disclosed the contents of the note to Mahoney before she placed the note on DeLeon's vehicle. York Hospital asks the court to infer that Mahoney had knowledge of and participated in placing the note on DeLeon's windshield.
Fraud on the court is generally limited to situations involving an "officer of the court." Herring v. United States, 424 F.3d 384, 390 (3d Cir. 2005). Even if York Hospital had proven Mahoney perjured herself, "perjury by a witness is not enough to constitute a fraud upon the court." Id. York Hospital's allegations that Mahoney conspired to intimidate a witness have not been clearly proven, and the court declines to make factual inferences in defendant's favor. To the extent the note incident bears on Mahoney's credibility as a witness, defense counsel will be able to cross-examine her about the placement of the note and her deposition testimony at trial. If pertinent, defendant may renew its motion for judgment as a matter of law at the close of trial.
The entry is:
York Hospital's motion to dismiss for fraud on the court is DENIED.