A Florida judge has dismissed a personal injury suit filed by a trucker against Commercial Carrier Corp. after finding out the driver had received a settlement in a 1984 case for the same neck injury that he claimed he sustained in 2002.

Duval County Circuit Court Judge Haldane Taylor issued the ruling June 15, agreeing with the firm’s contention that the truck driver was committing fraud upon the court. The ruling means the driver, William Garrett of Jacksonville, FL, cannot refile the claim.

The court action stemmed from an incident in November 2002 when Garrett’s tractor-trailer, which was at a loading dock, was bumped by a Commercial Carrier Corp. trailer at a speed less than 5 mph. Garrett claimed he suffered a permanent neck injury from the fender bender that disabled him and made it impossible for him to continue working.

Garrett testified that he had not been in any previous accidents and that he did not have any previous neck injuries. However, according to court documents, he was in an accident in 1984 during which he sustained permanent neck injuries. He received an undisclosed settlement in that case.

The judge also found that Garrett misrepresented facts when he said there were no witnesses to the November 2002 incident, when a woman was in the cab of his truck with him at the time.