A tractor trailer driver transporting a loaded fertilizer trailer carrying
30,000 lbs of fertilizer suffered a front tire blowout. The tire explosion
caused the vehicle to lose control and leave the roadway. As the vehicle
traveled across a small ditch on the shoulder of the roadway the trailer
broke loose from the tractor running through and over the tractor and
the driver. The impact caused a traumatic amputation of both of the drivers
legs, pinned him in the vehicle and severed the vehicle fuel tank causing
a fire. The driver was pulled from the burning wreckage by an eyewitness.
The failure of the tire was traced to defects in the tires steel belt cord
affected the tires adhesion properties and caused the tire to separate
and blowout. At the conclusion of a month long trial the jury determined
that the tire was defective and returned a verdict against the tire manufacturer.
Firm clients were triumphant against Continental Tire a second time when
the Fourth District Court of Appeal affirmed the $10+ million verdict
a Palm Beach County jury awarded them in a tire defect case, back in October
of 2013, at the conclusion of a month-long trial.
By per curium affirmance, the Fourth District recently determined that
the jury correctly found that Continental Tire had manufactured the Parkers’
tire with a defect in it; it was that defect that caused our client’s
Our client was the victim of a horrific tire blowout on I-95 in 2009. She
spent a month in a coma, 102 days in the hospital, underwent 17 surgical
procedures, and endured other extensive medical treatment.
The trial culminated a four-year battle that Clark Fountain had waged against
Continental Tire. The German tire maker was so confident in its position,
that it never even offered one penny to settle the case before trial.
Continental vigorously opposed the case at every turn and still made no
settlement offer, even after the Palm Beach County jury told Continental
they owed our client nearly $11 million. Instead it vowed to appeal, and did.
Mark Clark and Christa McCann were contacted by an out-of-state referral
attorney to investigate a potential product liability case arising out
of a violent collision. Following a thorough inspection of the vehicle
with their experts, Clark and McCann determined that there was no viable
product liability claim. However, they brought a lawsuit against the other
driver who caused the collision. After obtaining an excess judgment against
the at-fault driver, Clark and McCann filed a bad faith action against
the driver’s insurance company based on its failure to timely pay
the driver’s $10,000 liability limits pre-suit. Ultimately, Clark
and McCann made a $1.2 million bad faith recovery on behalf of the client--$1.19
million above the policy limits--to cover the client’s damages.
Jason Cornell recently obtained a confidential settlement on behalf of
a client who sustained a spinal cord injury that resulted in quadriplegia,
after she fell from a pier that extended over 100 feet out into a waterway.
Through his investigation of the incident, Cornell determined that the
“terminal” (end point) of the pier lacked a railing, despite
the fact that the permits and plans called for the installation of railing
along all sides. In addition, through discovery, the firm was able to
show that the pier she was on at the time of the incident was not properly
constructed. As a result, the state-wide construction company that built
the pier agreed to a confidential settlement.
A properly seat belted passenger suffered massive fatal head injuries while
riding in an SUV when the vehicle rolled. Although the seat belt remained
latched throughout the accident the roof and its supporting structures
were not strong enough resulting in the entire roof structure collapsing
down and inward to the point that our petite client was killed. The family
hired our firm to investigate, with attorneys Don Fountain and Poorad
Razavi leading the case. After a thorough investigation, the firm reached
a confidential settlement with the major auto manufacturer for wrongful
death of our client.
When Hampton Keen and Christa McCann were contacted by the family of a
woman killed in a horrific motorcycle crash, the initial reports suggested
that the at-fault party would never be identified. However, Keen and McCann
persevered and determined that the party responsible for a tar spill on
the roadway that led to the motorcycle’s loss of control was a local
landscaping company whose driver had left the scene of the earlier tar
spill. After learning the tortfeasor’s identity, Keen and McCann
convinced the insurance carrier for the landscaping company of its insured’s
liability, and the insurance carrier tendered the multi-million dollar
When a family’s SUV rolled over while returning to California from
a mission trip to Mexico, one family member was killed and several family
members suffered catastrophic injuries, including a traumatic brain injury
to one of their children. The surviving family members enlisted the help
of Clark Fountain to pursue crashworthiness claims against the manufacturer
and designer of the SUV.
Firm partners Hampton Keen and Don Fountain’s extensive litigation
experience with this model SUV enabled them to successfully resolve the
case long before trial. Although nothing can replace their lost loved
one, the family no longer needs to worry about the proper medical care
and future of their brain injured son.
Mark Clark and Christa L. McCann recently obtained a substantial
confidential recovery against a large insurance carrier in a bad faith
claim brought by the personal representative of the estate of a
deceased woman. The carrier claimed that it lacked notice of the
underlying claim or the severity of the deceased’s injuries or
damages prior to the time that suit was filed in the underlying action.
However, Clark and McCann were able to establish that the carrier
was notified by its insured as well as the medical providers that
treated the deceased prior to her death and that, despite that notice,
the carrier failed to respond to requests for information or otherwise
make any offer to resolve the claim. Consequently, the carrier
ultimately agreed to a confidential settlement to resolve the judgment
obtained in the underlying wrongful death case.