On July 25, 2006, Willis Duncan alleged that he tripped over a box of motor oil in the automotive aisle at a Magic Mart located in Pike County, Ky. Following the incident, Duncan claimed he suffered an injury to his knee and emotional suffering, including embarrassment. Investigation into the case, however, revealed that Duncan had in fact injured his knee while at work for Jacob Mining four days prior to the Magic Mart incident. Authorities even obtained an in-store surveillance video with footage that captured Duncan limping prior to his alleged fall.

After review of the video, the court ordered Duncan to submit to a discovery deposition. Duncan’s testimony provided several inconsistencies with both the record and surveillance tape, including his story that he had not seen the box before the alleged fall. The surveillance video proved his testimony false, as it shows Duncan and his wife in the aisle before his fall, where he appears to be looking at the box. He also testified that he had lost wages because of the mishap at the store, when in reality he was receiving payment from Jacob Mining for the work-related knee injury.

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