Florida Personal Injury Attorney
Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin

Our Record Of Success

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$35 Million Verdict

Medical Malpractice

12-Year Battle for Brain-Damaged Baby

After eight years of trial delays, partners Nancy La Vista and David C. Prather successfully obtained a $35 million verdict for the family whose son was born with severe birth defects due to medical negligence while at the hospital. Now, four years later after an appeal and two declaratory actions, the claim settled. The battle continues in the legislature for the $2 million balance of the settlement to help this family.
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$32,000,000 Jury Verdict

Product Liablity

Tire Failure

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.

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$15 Million Verdict

Product Liablity

$15 million: Verdict Following Tragic Family Event

During a road trip, the tire of our client, Mr. Mapa, blew out causing the family van to roll over and render him quadriplegic. Heartbreakingly, he had just taken his vehicle to a Ford dealership for service three weeks prior. During trial, it became clear that not only was the dealership at fault but so was Dunlop (the tire manufacturer) for a defective tire design.
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$11.5 Million Verdict

Medical Malpractice

Negligent Spinal Surgery Case

Sam Sangounchitte was left brain damaged after surgery to insert steel rods into his spine, which migrated into his brain. Nancy La Vista and David C. Prather provided evidence that the neurosurgeon should have not been allowed to perform the surgery as he lacked the training or experience to properly perform it. The jury awarded $11.5 million, which the Medical Center appealed. The Fourth District upheld almost the entire verdict.
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$11 Million Verdict

Product Liablity

Verdict Upheld Against Mitsubishi

25-year old, Scott Laliberte, died after the seatbelt in a Mitsubishi Montero failed him during a rollover crash in 2004. Most recently, appellate attorney Julie H. Littky-Rubin obtained a favorable, 2-1 ruling upholding the verdict from the Fourth District.
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$11 Million

Product Liablity

Jury sides with Clark Fountain Client in Continental Tire Blowout Case

A victim of a horrific tire blow out on I-95 in 2009 who spent over a month in a coma, 102 days in the hospital, underwent 17 surgical procedures and extensive medical treatment, received compensation of nearly $11 million for her catastrophic damages from a Palm Beach County jury who determined that a defect caused the tire’s failure and her injuries. The jury sided with the plaintiff, Tracey Parker, following a three-week trial against Continental Tire, one of the largest tire manufacturers in the world. According to attorney W. Hampton Keen, at the time of its failure, Parker’s tire appeared well maintained, with no uneven tread wear, no repairs, plenty of tread depth, and had three years remaining on its warranty. Continental Tire denied all responsibility for the tire’s failure.
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$10 Million Verdict

Product Liablity

Appeals Court Affirms Over $10 Million Verdict For Client Against Continental Tire

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 catastrophic injuries.

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.

The six-year battle finally ended when the Fourth District Court of Appeal punctuated it with its per curium affirmance. The appeal was handled by the firm’s Board-Certified appellate attorney, Julie Littky-Rubin, who proudly convinced the appellate court to affirm the significant verdict obtained by her partners, W. Hampton Keen and Donald Fountain.
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$6.32 Million

Medical Malpractice

Clark Fountain wins Award against Negligent Radiation Oncologist

Attorneys Nancy La Vista and a Clark Fountain attorney won a $6,320,000 arbitration award for clients, Belinda and Scott Burns against radiation oncologist Ronald Woody, M.D. Based on expert testimony and other evidence, the arbitrator found Dr. Woody negligent in administering an overdose of radiation to treat squamous cell cancer in situ—a precursor to skin cancer—on Ms. Burns’ hands. The overdose resulted in radiation burns and radiation fibrosis causing disfigurement, and the likelihood of future amputation of one or both of her hands.
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$6.25 Million Settlement

Automobile Accidents

Auto Accident-Wrongful Death

A distracted semi-tractor trailer driver changed lanes directly into the path of an SUV driven by a young mother and her four children. The impact caused one of the SUV’s tires to lose its air resulting in a rollover and the mother sustained fatal head injuries even though she was properly seat-belted. Thankfully all four children who were seat-belted or in child car seats escaped serious injury. The “black box” event recorder from the tractor trailer showed that the vehicle proximity system built into the tractor trailer detected and warned of the SUV traveling next to the tractor trailer, but the driver ignored the system warnings and changed lanes anyway. .
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$5.5 Million Settlement

Automobile Accidents

Auto Accident-Brain Injury

A retired national politician vacationing in Florida changed lanes directly into a group of eight motorcycles riding in formation on an organized weekend ride. Three of the motorcyclists were thrown to the ground and injured. A young woman riding as a passenger on one of the motorcycles, who was wearing a helmet, sustained a serious head injury resulting in a prolonged comma. Through exhaustive rehabilitation efforts the young woman was able to emerge from the comma and regain the majority of her intellectual functioning.
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$5 Million Settlement

Automobile Accidents

Auto Accident-Woman Paralyzed in Crash

Client and her son were traveling southbound on Florida’s Turnpike in South Dade County. As they exited the toll booth, their vehicle was struck by the Defendant driver, who was speeding thru the speed pass lane. The collision forced their vehicle to swerve and hit the shoulder of the roadway, causing the vehicle to roll multiple times, down an embankment, through a fence and into a nearby residential neighborhood. As a result of the accident, client spent nearly two months in the hospital and rehabilitation facilities. Client is a paraplegic and will never be able to walk or live a normal life again. She has to depend on family members to care for her every day.
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$3.755 Million Settlement

Automobile Accidents

Auto Accident-Negligent Road Construction/Wrongful Death

A 35 year old mother of two children, was struck and killed by a dump truck. The accident occurred at the entrance of the Plantation-at-Lantana development and Lantana Road, an area that had been under construction for expansion for five months. On the morning of the accident, the decedent was unaware that the lanes under construction had been opened, pulled out of the Plantation development into the newly opened eastbound lanes, only to be struck and killed by an oncoming dump truck. Suit was brought against five defendants on behalf of the Personal Representative of the Estate, including, the roadway contractor, Palm Beach County, the Engineers who designed the roadway plans, the driver of the dump truck and the Plantation-at-Lantana residential development. The allegations against the defendants included the negligent maintenance of traffic, site obstructions and failure to warn of the roadway opening.
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$3.75 Million Settlement

Automobile Accidents

Auto Accident-Wrongful Death

The drivers of two luxury supercars were attempting to show off their vehicles at high performance levels on a divided highway when one of the vehicles went out of control and clipped the other vehicle. Although the impact was relatively minor, it was enough to destabilize the vehicle traveling at high speed and direct it off of the roadway where it rolled over numerous times. Even though the driver was seat belted, the roof of the vehicle intruded into the occupant compartment causing a fatal head injury.
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$3.5 Million Settlement

Automobile Accidents

Auto Accident – Mild Traumatic Brain Injury

Client suffered a mild traumatic brain injury and multiple non-surgical orthopedic injuries as a result of an automobile accident. Following the accident, the client developed complex regional pain syndrome in the upper extremity which required a series of stellate ganglion blocks. These injuries prevented the client from returning to pre-accident employment. Liability was vigorously contested by the defendants, however, the accident reconstruction and bio-mechanical engineer experts hired by the firm were able to significantly establish fault on the defendant driver.
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$3.5 Million Settlement

Automobile Accidents

Auto-Accident-Paraplegic

Client was rear-ended by the defendant driver which caused significant property damage to the rear driver’s seat and trunk. Client suffered a rupture of an AVM that was located in the area of her back where her seat was damaged. The injury resulted in the client becoming a paraplegic.
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$3.2 Million

Medical Malpractice

Post-Surgical Care Results in Temporary Paralysis, Chronic Pain

After undergoing a discectomy procedure to alleviate years of neck pain, David Bernstein received negligent care by post-surgical staff that resulted in spinal swelling and temporary paralysis, and ultimately an irreversible spinal cord injury. Six days into trial with attorney Nancy La Vista, the hospital’s insurance carrier agreed to a settlement.
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$3.2 Million

Medical Malpractice

Post-Surgical Care Results in Temporary Paralysis, Chronic Pain

Our client suffered severe damage when, during spinal surgery, her doctor failed to recognized and correct a post-operative complication, leaving her in pain for the rest of her life. Since the doctor did not carry medical malpractice insurance (called going “bare”), he had to pay the verdict out-of-pocket.
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$3.175 Million Settlement

Automobile Accidents

Auto-Accident-Premature Delivery/Brain Damaged Baby

Tractor trailer was not inspected as required. As a result, wood fell off the trailer causing the following car driver to slam on his brakes. The resulting forces caused his pregnant daughter to go into premature labor. The baby’s premature birth resulted in complications of prematurity and brain damage. The case settled prior to trial.
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$2.85 Million Settlement

Automobile Accidents

Auto Accident-Wrongful Death

The decedent, a college student, was heading home for a surprise visit for the holidays when his vehicle began to suffer mechanical problems. When he pulled to the shoulder of the Turnpike to repair his vehicle, he was struck from behind by the Defendant and killed.
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$2.85 million

Automobile Accidents

Family Man Killed by Professional Athlete in Car Crash

A husband and father were killed following a car accident involving a professional athlete who lost control of his car after driving more than 100 miles-per-hour.
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$2 million

Automobile Accidents

Mother of Five Killed When Tire Failure Causes Accident

A mother of five, Gladys Jackson was killed when the tire on a vehicle she was riding in blew out; on the approach to the emergency lane, the vehicle was struck in the driver’s side and then the passenger side where Jackson was sitting. It was determined that the tractor-trailer driver failed to slow down or change lanes, and hit the car with such extreme force.
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$1.2 Million Recovery

Product Liablity

Product Liability Turndown Results in $1.2 Million Recovery

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.

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$$1 Million

Automobile Accidents

Auto Accident -Spine Injury

Two days before the jury trial was scheduled to begin, attorney David Prather recently reached a $1 million settlement for his client following a vehicle collision.
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$850,000

Automobile Accidents

Unavoidable Accident Causes Lifetime of Lost Income

Following an unavoidable accident, commercial truck driver, Isaac Hodges, suffered severe back and shoulder injuries that required surgery. Unable to return to work, a jury awarded him $850,000 after a four-day trial.
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$825,000

Automobile Accidents

Corporate Bus Causes Head-On Collision

Anthony Tose was hit head-on by a Stofin Corporation bus in his lane while attempting to pass a slow-moving tractor. With significant injuries to his left leg that required several surgeries including implantation of a rod in his femur, the heavy equipment operator could not perform his daily duties and was forced to quit his job. Stofin settled for $825,000.
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$786,000

Automobile Accidents

Highly Contested Case Involves Previously Injured Man

Although our client was injured in a previous car accident less than a month prior, attorney Mark Clark and our legal team showed that our client suffered additional injuries during an intersection collision.
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$750,000

Automobile Accidents

Clark Fountain Fights for Settlement to Aid Car Accident Victim

After the defendant driver ran a red light, the client suffered injuries to his low back and neck. The client was eventually diagnosed with a herniated lumbar disc, which required surgery. Following the surgery, the client suffered from erectile dysfunction and residual leg and low back pain. David C. Prather and Mark W. Clark settled the case for $750,000 shortly before trial.
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$650,000

Automobile Accidents

Client Receives Remarkable $650,000 in Auto Negligence Case

Days before trial, attorney David Prather convinced an insurance company to pay more than six times the available insurance policy limits to 42-year old Thomas Siebert after a car accident that ultimately caused him to undergo lower back surgery.
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$626,000 Settlement

Automobile Accidents

19-year-old Girl Scouts Counselor Killed in Accident with Inexperienced Truck Driver

A 19-year-old woman who was an honor student in high school and college was travelling westbound to her job as a counselor at the Girl Scouts of Florida when she suddenly lost control of her vehicle after hitting the shoulder of the roadway. An inexperienced truck driver who clearly saw the young woman’s vehicle in his lane of travel, and had almost three football field-lengths to react, failed to apply his brakes or take any evasive action until after impact, which killed her instantly. Partner David C. Prather represented the young woman’s parents. They sued the truck driver and his company, as well as their insurance company, Liberty Mutual. The case settled for $626,000, of which $500,000 was received from the truck driver and his company.
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$600,000

Automobile Accidents

Woman Awarded Settlement to Care for Fibromyalgia after Auto Accidents

Involved in two car accidents in one week, Julia Moore was left with severe muscular-skeletal injuries to her knee and back, as well as painful fibromyalgia. The insurance companies, State Farm and Allstate, offered to settle their portions for a total of $135,000; however, the attorneys continued to trial. A jury awarded Ms. Moore $600,000.
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$352,000 Verdict

Automobile Accidents

Firm wins after Rejecting $50K Pre-trial Offer

Attorneys Mark w. Clark and W. Hampton Keen won a $352,000 verdict for a client who sustained a tibial plateau fracture during an accident. Following the crash, the fracture did not require surgery; however the 65-year-old plaintiff eventually had arthroscopic surgery for cartilage damage in her knee. The defendant’s insurance company, State Farm, only offered $50,000 to settle the case before trial. Clark and Keen won the verdict, despite physician testimony for the defense that the plaintiff’s arthroscopic surgery was not related to the accident, but resulted from pre-existing arthritis.
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Confidential Settlement

Automobile Accidents

Firm Earns Three Times Insurance Policy Limits for Client

While on her morning exercise walk, Mrs. Doe was run over by the rear tires of a garbage truck that began to back up as she crossed the street behind it. The lawsuit testimony established that the driver of the garbage truck violated company policies and procedures by backing up in a residential neighborhood and not keeping a proper lookout for his surroundings. Mrs. Doe suffered severe injuries to her leg requiring an above the knee amputation. As a result of her injuries, she was no longer able to live on her own and had to move into an adult care living facility.
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Confidential Settlement

Product Liablity

Boat Manufacturer’s Negligence Leads to Teen’s Leg Being Amputated

After being ejected from a boat due to a sharp turn, our client’s leg was severed by the propeller. Attorneys Donald R. Fountain and Nancy La Vista hired marine engineers who determined that the boat could execute 180 degree or even 360 degree turns while going as fast as 45 miles per hour. During depositions, it was revealed the boat’s manufacturer insisted its boats be able to “turn on a dime” and provide a thrill to consumers not offered by other boats. The trial judge agreed that the boat manufacturer was careless enough to require punitive damages, and the defendant agreed to a confidential settlement.a
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Confidential Settlement

Product Liablity

Attorneys Successfully Handle South Carolina Tire Case

When a 32-year-old driver’s tire blew out in South Carolina, his vehicle suffered a rollover, resulting in catastrophic orthopedic injuries. Due to our firm’s extensive prior experience with the tire manufacturer involved, W. Hampton Keen reached a confidential settlement with the manufacturer shortly after the lawsuit was filed.
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Confidential Settlement

Product Liablity

Manufacturing Defect Causes Woman’s Death in Rear-End Collision

A passenger in a rear-end collision sustained a fatal fracture of her upper neck after the metal support rod in her headrest fractured during the accident, causing the woman’s head to be unsupported at the time of the accident. Attorney Donald Fountain demonstrated that indentations in the metal support placed by the manufacturer to aid in the height adjustment of the headrest weakened the metal, and created a hinge point that led to the fracture, and reached a confidential settlement prior to trial.
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Confidential Settlement

Product Liablity

Electrician Crushed to Death While Operating Scissor Lift

After a young electrician was killed while operating a scissor lift, Attorneys Mark W. Clark and Tim Murphy pursued a products liability suit against nine corporate defendants responsible for the lift’s electrical and mechanical systems. Experts were brought in from around the United States, and ultimately the defendants agreed to pay a settlement.
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Confidential Settlement

Product Liablity

Firm Settled Complex Airbag Failure Case

When our client lost control of her vehicle and crashed due to a rainstorm, her airbag failed to deploy and she tragically lost her eye. Despite the defendant’s arguments that the crash was not significant enough to trigger the airbag and the plaintiff failed to service the vehicle, W. Hampton Keen and a Clark Fountain attorney resolved the case favorably for our client.
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Confidential Settlement

Product Liablity

Firm Wins Settlement in Road Design Defect Case

Our client was rendered paraplegic when a driver from the opposite direction crashed into his car at an intersection. Barriers that had been set up for a construction project impaired both drivers’ vision. Attorneys Donald R. Fountain, Jr. and Julie H. Littky-Rubin demonstrated the violation of sight line regulations by the architect and engineering firms, as well as the general contractor, and successfully obtained a confidential settlement.
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Confidential Settlement

Product Liablity

Multi-Year Battle with Defective Tire Manufacturer

Our client became catastrophically injured when one of the front tires of his vehicle suffered a tread and belt separation, causing the vehicle to lose control and crash. These debilitating injuries rendered the client totally disabled and unable to work. Numerous surgeries and several years later, Mark W. Clark successfully convinced the tire manufacturer to settle, citing defects with the tire’s design and manufacture.
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Confidential Settlement

Product Liablity

Paraplegic Client’s Future Secured Following Catastrophic Tire Failure

W. Hampton Keen and Donald R. Fountain, Jr. resolved a tire failure case, which involved an alleged negligent inspection by a retail automotive shop. The failure rendered our client paraplegic. After documenting through litigation that the client’s vehicle was, in fact, at the repair establishment, and that the facility should have removed the subject tire, our lawyers successfully settled the case.
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Confidential Settlement

Product Liablity

Firm Obtained Settlements for Out-of-State Defective Tire Case

During a cross-country road trip, a tire on the accident vehicle suffered a tread and belt separation, killing two of the vehicle’s occupants. Even though the accident occurred outside of Florida, the surviving family member sought our specialized experience handling tire defects. After protracted discovery with the manufacturer, attorney Mark W. Clark obtained confidential settlements for the families.
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Confidential Settlement

Product Liablity

Firm Proves Tire Repair Store Negligence

A tire repair store failed to follow the long-standing, industry recommended tire repair procedures when fixing a nail puncture in our client’s tire. The repair failure led to a tire blowout and rollover of our client’s SUV in the desert outside Las Vegas. Our client, though properly seat belted, was killed in the crash. Attorneys Donald R. Fountain, Jr. and W. Hampton Keen obtained a confidential settlement.
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Confidential Settlement

Product Liablity

Firm Upholds National Reputation with Complex Product Liability Case

A young electrician was crushed to death while operating a motorized aerial work platform, known as a scissor lift. Mark W. Clark and a Clark Fountain attorney pursued a products liability suit against nine corporate defendants responsible for the electrical and mechanical systems on the scissor lift over three years, conducting discovery throughout the United States and Canada. Facing potential punitive damages exposure, the defendants ultimately agreed to pay a confidential settlement.
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Confidential Settlement

Product Liablity

Tragic Death Caused By Defective Seatbelt

The 31-year old wife of a local minister thought she was safe when she put on her seatbelt in her SUV for a drive to Miami on I-95. When she attempted to avoid another vehicle on the highway, her SUV careened out of control and rolled over. The driver’s seat belt failed to lock, and as a result, she was partially ejected from the vehicle during the rollover. She died from head injuries. The case was handled by attorneys Donald R. Fountain and W. Hampton Keen, who were able to obtain a substantial confidential settlement with the vehicle’s manufacturer.
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Confidential Settlement

Product Liablity

Tire Defect Found in Truck Set for Destruction

An attorney from another firm told the plaintiff he could not receive a recovery for several orthopedic injuries due to a car accident because the driver and owner of the vehicle had no insurance coverage. W. Hampton Keen and the firm’s investigator located the plaintiff’s truck and its failed tire at a salvage yard just before it was scheduled for destruction. Experts hired by the firm determined that the vehicle lost control after the tire’s tread separated and that the tire failed as a result of a manufacturing defect. Keen successfully resolved the case within 12 months after locating the vehicle and tire.
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Confidential Settlement

Product Liablity

West Virginia Church Group Involved in Devastating Accident

A referral case that had languished for years, attorneys W. Hampton Keen and Don Fountain settled the case of a church group where eight passengers were injured or killed during an accident while in a multi-passenger van they had rented. Little did the clients know that the National Highway Traffic Safety Administration had issue multiple consumer advisories on that vehicle regarding its inability to be controlled.
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Confidential Settlement

Medical Malpractice

Partial Settlement Reached for Breast Cancer Patient against Negligent Provider

When our client thought she felt a lump in her breast, she did what all women should do. She immediately sought medical evaluation and diagnosis from her doctor. Through a series of errors caused by health care providers, there was a delay in her diagnosis, which drastically changed her medical outcome. A partial settlement was reached with one health care provider, and Clark Fountain continues to seek justice through the court to hold the other responsible parties accountable.
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Confidential Settlement

Wrongful Death

Firm Wins Settlement in Missouri Wrongful Death against Commercial Defendants

An eighteen-year-old expectant mother in Missouri was killed after the driver of a flatbed she was a passenger in lost control, causing the vehicle to overturn. Her unborn child did not survive either. Mark W. Clark and a Clark Fountain attorney represented the family in the litigation against the commercial defendants who owned the flatbed vehicle and employed the driver, as well as the manufacturer of the vehicle. Clark and the attorney conducted discovery in both Missouri and Iowa, and the lawsuit was filed in Missouri in 2011. As the trial date approached, the matter was settled for a confidential amount.
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Confidential Settlement

Wrongful Death

West Virginia Church Group Involved in Devastating Accident

In a referral case that had languished for years prior to hiring our firm, attorneys W. Hampton Keen and Don Fountain settled the case of a church group where eight passengers were injured or killed during an accident while in a 15 passenger van that they had rented. Little did the clients know that the National Highway Traffic Safety Administration had issue multiple consumer advisories on that vehicle regarding its inability to be controlled. Fortunately, our Clark Fountain had handled numerous 15 passenger van cases in the past and were able to get the case ready for trial in short time. Prior to trial, the case settled favorably for the clients.
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Confidential Settlement

Wrongful Death

Tragic Death Caused By Defective Seat-belt

The 31-year old wife of a local minister thought she was safe when she put on her seat-belt in her SUV for a drive to Miami on I-95. When she attempted to avoid another vehicle on the highway, her SUV careened out of control and rolled over. The driver’s seat belt failed to lock, and as a result, she was partially ejected from the vehicle during the rollover. She tragically died from head injuries. The case was handled by attorneys Donald R. Fountain and W. Hampton Keen, who were able to obtain a substantial confidential settlement with the vehicle’s manufacturer.
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Confidential Settlement

Wrongful Death

Family Loses Three Children After Tire Failure Sends Car Into Canal

Tragically a family lost three children after a catastrophic tire failure caused an accident that catapulted the car into a deep canal and caused the children to drown, litigation ensued against the tire dealer that sold the tire and the tire manufacturer. With Clark fountains negotiation skills the tire’s manufacturer settled with the family prior to trial and the tire dealer settled five hours into jury deliberations.
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Confidential Settlement

Wrongful Death

Defective Fuel System Claims Lives of Two College Students

Two college students were killed after a car they were traveling in was struck in the rear by another vehicle. Upon impact, the students’ car burst into flames and both died from thermal injuries. Referred by another attorney, Mark Clark and a Clark Fountain attorney reached confidential settlements following years of litigation and extensive discovery.
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Confidential Settlement

Wrongful Death

Proper Care Ensured for Child Injured in SUV Rollover Crash

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.

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Confidential Settlement

Automobile Accidents

Auto Accident-Amputation

Mark W. Clark and Christa L. McCann made a substantial recovery on behalf of a motorcyclist who suffered a below-the-knee leg amputation in a highly contested motorcycle versus automobile intersection collision.
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Confidential Settlement

Automobile Accidents

Motorcycle Accident-Wrongful Death

Hampton Keen and Christa McCann convinced the insurance carrier of its insured’s liability, and the insurance carrier tendered the multi-million dollar policy limits.
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Confidential Settlement

Automobile Accidents

Auto Accident-Wrongful Death

Don Fountain, W. Hampton Keen and Poorad Razavi recently resolved a challenging vehicle defect case in California against a major automobile manufacturer. Four teenagers were tragically killed and a fifth was ejected when the vehicle they were traveling in lost control and rolled over multiple times.
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Confidential Settlement

Automobile Accidents

T-Bone Auto Accident

Hampton Keen and Ben Whitman recently represented a driver who was t-boned by a careless driver and suÕered multiple herniated discs. With Mr. Keen and Mr. Whitman’s help, the client was able to obtain the maximum recovery without the time and burden of trial.
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Confidential Settlement

Wrongful Death

Pastor’s Wife Dies Due to Tire and Seat belt Failures

Tire tread separation caused a Pastor’s wife and mother of his three children to lose control of her SUV, resulting in her vehicle overturning on a busy interstate. The seatbelt failed to restrain her and she died as a result of the accident. Clark Fountain Attorneys Mark Clark and W. Hampton Keen settled against the vehicle and tire manufacturers after hotly contested litigation.
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Confidential Settlement

Wrongful Death

Convertible Defect Takes Honor Student’s Life

An 18-year old students life was tragically cut short when they were killed in a low-speed collision while heading to his high school senior awards ceremony. Clark Fountains attorneys were the first in the country to provide evidence that the convertible’s top design was not crashworthy and the case was successfully resolved prior to trial.
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Confidential Settlement

Wrongful Death

Poor Roof Design Contributed to Women’s Death after Being Struck by Drunk Driver

During a rollover caused by a drunk driver’s crashing into our client’s vehicle, our client’s mother tragically died after the roof of her passenger car collapsed. Partner Hampton Keen successfully resolved the case with the vehicle manufacturer after contending the vehicle’s roof design was inadequate and caused the client’s death.
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Confidential Settlement

Wrongful Death

Failure to Diagnose-Wrongful Death

Improper medical care can have devastating consequences. Attorney
Nancy La Vista recently reached a confidential settlement for a client
in a wrong death case for failure to diagnose and timely render
treatment after medical providers failed to drain an abscess.
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Confidential Settlement

Wrongful Death

Seat-Belted Passenger Sustains Fatal Injuries

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.

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Confidential Settlement

Automobile Accidents

Deadly Motorcycle Accident

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 policy limits.

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Confidential Settlement

Automobile Accidents

Tow Truck Accident Kills Three Small Children

Three children, ages five, four and nine months were tragically killed when a tow-truck driver rear ended their mother’s car. The mother survived. Attorney Mark Clark proved that even though the children were not wearing seatbelts, the driver was not only speeding, but that he had sufficient time to avoid the collision. The case was settled confidentially.
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Confidential Settlement

Automobile Accidents

Tire Failure Turns Church Youth Road Trip into Tragedy

A road trip for a group of teenagers traveling to a church camp retreat in the remote Utah mountains turned deadly, when the SUV they were riding in suffered a tire separation and blowout. The tire failure caused the vehicle to roll over, resulting in several severe injuries and death. W. Hampton Keen and Donald R. Fountain, Jr. were able to obtain confidential settlements.
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Confidential Settlement

Automobile Accidents

Firm Wins Settlement in Missouri Wrongful Death against Commercial Defendants

An eighteen-year-old expectant mother in Missouri was killed after the driver of a flatbed she was a passenger in lost control, causing the vehicle to overturn. Her unborn child did not survive either. Mark W. Clark and a Clark Fountain attorney represented the family in the litigation against the commercial defendants who owned the flatbed vehicle and employed the driver, as well as the manufacturer of the vehicle. Clark and an the attorney conducted discovery in both Missouri and Iowa, and the lawsuit was filed in Missouri in 2011. As the trial date approached, the matter was settled for a confidential amount.
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Confidential Settlement

Automobile Accidents

Two Teenagers Killed in Tragic Rollover Accident

Our client’s SUV left a desert highway in Western U.S. and rolled several times, leaving two teenagers dead and several seriously injured. The vehicle’s restraint systems and roof structure failed to protect the occupants, who were on their way to summer camp. Donald R. Fountain, Jr. and a Clark Fountain attorney obtained settlements for the victims.
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Confidential Settlement

Automobile Accidents

Attorneys Solve Runaway Truck Mystery That Almost Cost Client her Leg

As you can imagine, attorneys David C. Prather was initially skeptical when their client said that she was run over by her own truck even though no one was behind the wheel, and the gear shift was in park. Still, the initial investigation showed that the truck actually did move while in park. Working with the firm’s design and electrical experts through multiple forensic inspections, the firm discovered that the likely cause was an improper adjustment that occurred during maintenance service and settled with the manufacturer.
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Confidential Settlement

Product Liablity

Family Loses Three Children After Tire Failure Sends Car Into Canal

The Doe family lost three children after a catastrophic tire failure caused an accident that catapulted the car into a deep canal, causing the children to drown. The tire’s manufacturer settled with the family prior to trial and the tire dealer, Costco Wholesale, settled five hours into jury deliberations.
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Confidential Settlement

Product Liablity

Defective Fuel System Claims Lives of Two College Students

Two college students were killed after a car they were traveling in was struck in the rear by another vehicle. Upon impact, the students’ car burst into flames and both died from thermal injuries. Referred by another attorney, Mark Clark and a Clark Fountain attorney reached confidential settlements following years of litigation and extensive discovery.
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Confidential Settlement

Product Liablity

Firm Settles Severe Brain Damage Case Referred by California Attorney

After a Los Angeles, Calif. attorney had been litigating for years on behalf of a severely brain-damaged client, he reached out to Don Fountain and Hampton Keen. The attorneys were able to swiftly and successfully settle with the trucking company before a new trial began.
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Confidential Settlement

Product Liablity

Child Rendered Paraplegic in Product Defect Case

During a frontal car collision, cargo from the rear hit the vehicle’s seatback, which caused it to break from its mounts and collapse forward on to three young children who were properly seat belted. Two were seriously injured and one rendered quadriplegic. Firm attorneys Don Fountain and W. Hampton Keen were asked to determine whether any potential defect contributed to the tragic accident. While there is no federal standard requiring seat back strength in the United States, a confidential settlement was reached with the manufacturer thanks to the firm’s development of an easily overlooked design defect theory.
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Confidential Settlement

Product Liablity

Tow Truck Rolls Over Operator

After nearly a year with another attorney, our lawyers took over handling his case, where he lost his leg and suffered other injuries after a tow truck rolled over him despite the gear shift indicating it was in park. Utilizing expert engineers from around the country, the plaintiff claimed that a defect in the truck’s shift system and transmission park gear was at fault. After two days in trial, a confidential settlement was reached.
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Confidential Settlement

Product Liablity

Pastor’s Wife Dies Due to Tire and Seatbelt Failures

Tire tread separation caused a pastor’s wife and mother of his three children to lose control of her SUV, resulting in her vehicle overturning on a busy interstate. The seatbelt failed to restrain her and she died as a result of the accident. Attorneys Mark Clark and W. Hampton Keen settled against the vehicle and tire manufacturers after hotly contested litigation.
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Confidential Settlement

Product Liablity

Mother of Three Killed by Tire Failure

A woman from New Mexico was killed in a car accident due to a tire failure, however attorneys Don Fountain and Hampton Keen discovered that not was the only fault: the dealer who sold the used vehicle had substituted the good spare tire with the defective one.
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Confidential Settlement

Product Liablity

Rollover Ends Young Basketball Player’s Career

A high school senior was a rising basketball star with the NBA in his future until a tire failure caused his vehicle to lose control and roll over, officially ending the clients’ hoop dreams. He sustained a severe brain injury, impaired mobility and vision, and lost potential income as a professional basketball player.
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Confidential Settlement:

Product Liablity

SUV Roof Collapse Severely Injures International Soccer Player

A soccer star suffered severe brain injury when the roof of his SUV collapsed during a rollover. Hampton Keen identified a pattern of similar incidents across the country, involving the same type of vehicle, events and similar injuries. A confidential settlement that provided for the client’s future needs was reached prior to trial.
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Confidential Settlement

Product Liablity

Convertible Defect Takes Honor Student’s Life

An 18-year old was killed in a low-speed collision heading to his high school senior awards ceremony. Our attorneys were the first in the country to provide evidence that the convertible’s top design was not crashworthy and the case was successfully resolved prior to trial.
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Confidential Settlement

Product Liablity

Faulty Air Bag Kills Woman on Military Base, Settlement with U.S.A.

After being cleared to enter a military base, our client drove slowly overly a security barrier, which inadvertently activated and rose up under her car, causing her driver’s side airbags to deploy. Even though she was only going 10 miles per hour, she was instantly killed. Our lawyers settled the case with The United States of America and the airbag manufacturer.
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Confidential Settlement

Product Liablity

Proper Care Ensured for Child Injured in SUV Rollover Crash

When the Doe 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 child. The surviving family members enlisted the help of the firm to pursue crashworthiness claims against the manufacturer and designer of the SUV. Firm partners W. 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 Doe family no longer needs to worry about the proper medical care and future of their brain injured son.
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Confidential Settlement

Product Liablity

Daughter Killed in Rollover Accident after Tire Failure

When their teenage daughter was tragically killed in an SUV rollover after a tire failure, the Doe family turned to W. Hampton Keen for help. Despite contentions that the driver mishandled the vehicle and was not wearing her seatbelt, Keen proved the decedent was seat belted during the accident and that the vehicle had a pattern of handling and stability issues especially after a tire failure. The case was resolved confidentially prior to trial.
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Confidential Settlement

Product Liablity

Failed Airbag Causes Woman to Lose Eye during Frontal Collision

Jane Doe’s Airbag failed to deploy during a frontal collision and she lost her eye. After experts from across the country were hired to prove the firm’s defect contentions, the case resolved for a confidential amount.
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Confidential Settlement

Product Liablity

Vehicle Involved in Frontal Crash Poorly Designed

When her passenger car was involved in a foreseeable frontal accident, the plaintiff never envisioned the extensive injuries she would suffer, because she was seat belted at the time of the accident. After extensive discovery and expert analysis, W. Hampton Keen contended that the vehicle had been poorly designed for an offset frontal impact and that the manufacturer failed to properly test the vehicle’s crashworthiness during foreseeable accidents. Keen successfully resolved the case.
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Confidential Settlement

Product Liablity

Poor Roof Design Contributed to Women’s Death after Being Struck by Drunk Driver

During a rollover caused by a drunk driver’s crashing into our client’s vehicle, Jane Doe passed away after the roof of her passenger car collapsed. Partner W. Hampton Keen successfully resolved the case with the vehicle manufacturer after contending the vehicle’s roof design was inadequate and caused the client’s death.
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Confidential

Wrongful Death

Bad Faith Insurance Claim

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.

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Confidential Settlement

Automobile Accidents

Case Against General Motors

The lawsuit involved the death of a woman who was a passenger in a car involved in a rollover accident that resulted in the roof being crushed. GM focused on shifting liability toward the tortfeasor that had initially caused the accident due to the Florida Legislature’s retraction of the D’Amario case several years earlier.
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Confidential Settlement

Medical Malpractice

Firm Settles Medical Malpractice Suit

Nancy La Vista and David C. Prather collaborated to reach a confidential settlement for the over-radiation of a patient who was being treated for cancer. La Vista and Prather settled with the hospital and the doctor after the doctor allegedly misdiagnosed our client’s condition, resulting in a catastrophic injury.
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Confidential Settlement

Medical Malpractice

Mother Requires Kidney Transplant after Alleged Medical Malpractice

The birth of a baby is usually one of the most blissful times in a woman’s life. However, the happy occasion turned tragic when our client – who just delivered a healthy baby girl – went into renal failure due to alleged medical malpractice just after being discharged from the hospital. Fortunately, doctors were able to perform a transplant using a kidney provided by her father. Nancy La Vista, a skilled and experienced medical malpractice attorney as well as a critical care nurse, successfully settled the case for a confidential amount.
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Confidential Settlement

Product Liablity

Negligent Construction of Fishing Pier Results in Young Woman Being Rendered Quadriplegic

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.

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