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The Week in Torts - Cases From the Week of April 23, 2021

May 12, 2021 • Clark Fountain Staff

Friends don't let friends sign contracts for their children FLORIDA LAW WEEKLY VOLUME 46, NUMBER 16 CASES FROM THE WEEK APRIL 23, 2021 TRIAL COURT PROPERLY DENIED DEFENDANT’S MOTION TO COMPEL ...
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Peloton Recalls 125,000 Treadmills After Death of a Child and Dozens Injured

May 12, 2021 • Don Fountain

The trending fitness company, Peloton is recalling more than 125,000 treadmills following the death of a child and dozens of injury claims. On May 5, 2021, the US Consumer Product Safety Commission ...
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Road Construction Could Lead to Car Accidents

May 11, 2021 • Don Fountain

In many ways, roads are essential to our economic development and provide important social benefits including access to medical care, employment, and education. As society returns to normal, the risk ...
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Attorney Jennifer A. Dinetz Elected Treasurer of Palm Beach County's Florida Association for Women Lawyers

May 5, 2021 • Clark Fountain Staff

Florida Personal Injury Lawyer Jennifer A. Dinetz was elected Treasurer of the PBC’s Florida Association of Women Lawyers. She and the newly elected board of directors will be sworn in at the ...
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The Week in Torts - Cases From the Week of April 26, 2021

May 4, 2021 • Clark Fountain Staff

Can't just take your word for it... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 15 CASES FROM THE WEEK APRIL 26, 2021 CERTIORARI GRANTED – TRIAL COURT APPLIED WRONG STANDARD IN ALLOWING PLAINTIFFS TO AMEND ...
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Drive for Fairness Campaign Calls for Advanced Safety Features in New Vehicles

May 3, 2021 • Don Fountain

Despite having potentially life-saving technology available, many vehicle manufacturers fail to include advanced safety features in their automobiles. According to the Insurance Institute for Highway ...
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The Week in Torts - Cases From the Week of April 9, 2021

Apr 28, 2021 • Clark Fountain Staff

You need more ties to sue... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 14 CASES FROM THE WEEK APRIL 9, 2021 NO ABUSE OF DISCRETION IN DISMISSING SLIP AND FALL CASE THAT OCCURRED IN A HOTEL ROOM IN JAMAICA, ...
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The Week in Torts - Cases From the Week of April 2, 2021

Apr 21, 2021 • Clark Fountain Staff

Hmm, not race-based, really? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 13 CASES FROM THE WEEK APRIL 2, 2021 PLAINTIFFS’ VERDICT IN WRONGFUL DEATH CASE AFFIRMED – TRIAL COURT PROPERLY DENIED RACE-BASED ...
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The Week in Torts - Cases from the Week of March 26, 2021

Apr 14, 2021 • Clark Fountain Staff

Too soon... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 12 CASES FROM THE WEEK MARCH 26, 2021 DEFENDANT’S PROPOSAL FOR SETTLEMENT SERVED ON SECOND PLAINTIFF ELEVEN DAYS AFTER FIRST PLAINTIFF ADDED HER TO THE ...
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The Week in Torts - Cases from the Week of March 19, 2021

Apr 7, 2021 • Clark Fountain Staff

How many accidents? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 11 CASES FROM THE WEEK MARCH 19, 2021 NO ERROR IN TRIAL COURT INSTRUCTING JURY THAT MULTIPLE IMPACTS CAN CONSTITUTE ONE ACCIDENT, IF THERE IS ...
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3-Year Lawsuit Against Alaska Airlines Results in $3.2M for Family of Fatally Injured Passenger

Apr 2, 2021 • Mark Clark

During a regular trip from Maui, Hawaii to Spokane, Washington, a 75-year-old woman fell down an escalator . She died from her injuries 4 months later, and family members sued Alaska Airlines. The ...
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The Week in Torts - Cases from the Week of March 12, 2021

Mar 31, 2021 • Clark Fountain Staff

Tomato/Tomahto FLORIDA LAW WEEKLY VOLUME 46, NUMBER 10 CASES FROM THE WEEK MARCH 12, 2021 TRIAL COURT ERRED IN DENYING MOVANT’S MOTION FOR CONTINUANCE TO ENABLE HIM TO CORRECT TECHNICAL DIFFERENCES ...
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Why Do Auto Manufacturers Wait to Issue Recalls

Mar 31, 2021 • Ben Whitman

Product recalls exist to keep consumers safe by informing them of dangerous hazards and risks of severe injuries. So you might assume that automobile manufacturers would issue a recall as soon as they ...
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Ford Is Having a Bad Year

Mar 29, 2021 • Don Fountain

At the beginning of 2021, the National Highway Traffic Safety Administration (NHTSA) ordered Ford to recall about 3 million vehicles equipped with defective Takata airbags. The company clashed with ...
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The Federal Government Filed a Lawsuit Against Kidde Manufacturer of Fire Extinguishers

Mar 27, 2021 • Mark Clark

The federal government recently fined Kidde, the largest distributor of fire safety products, $12 million for its defective fire extinguishers and botched recall process. Then, Consumer Reports dove ...
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The Week in Torts - Cases from the Week of March 5, 2021

Mar 24, 2021 • Clark Fountain Staff

A double blow FLORIDA LAW WEEKLY VOLUME 46, NUMBER 9 CASES FROM THE WEEK MARCH 5, 2021 COURT CLARIFIES THE MEANING OF THE PHRASE “FINAL JUDGMENT” IN A WRONGFUL DEATH CASE Hamblen v. Pilot Travel ...
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Pandemic Travel - Traffic Deaths Increased Despite Fewer Drivers on the Road

Mar 24, 2021 • Don Fountain

During the COVID-19 Coronavirus Pandemic, many states across the U.S. issued stay-at-home orders while others immediately went into lockdown, which kept many drivers off the U.S. roads and highways. ...
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The Week in Torts - Cases from the Week of February 26, 2021

Mar 18, 2021 • Clark Fountain Staff

So you thought you could wait for a defense verdict, did you? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 8 CASES FROM THE WEEK FEBRUARY 26, 2021 TRIAL COURT ABUSED DISCRETION BY SETTING ASIDE JURY VERDICT ...
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The Week in Torts - Cases from the Week of February 19, 2021

Mar 10, 2021 • Clark Fountain Staff

Stick to the evidence, sir FLORIDA LAW WEEKLY VOLUME 46, NUMBER 7 CASES FROM THE WEEK FEBRUARY 19, 2021 PLAINTIFFS’ COUNSEL’S COMMENTS CASTING OPPOSING COUNSEL AND SOME OF THE WITNESSES AS LIARS, AND ...
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Strong Evidence Links Elmiron to Irreversible Retina Damage

Mar 9, 2021 • Nancy La Vista

In 1996, Jassen Pharmaceuticals, a division of Johnson & Johnson, introduced Elmiron (pentosan polysulfate sodium) to the market. Elmiron is used to treat Interstitial Cystitis, a Urinary Tract ...
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7 Power Tools Recalled For Serious Injuries | Clark Fountain

Mar 5, 2021 • Ben Whitman

The Consumer Product Safety Commission estimates that over 900,000 people are injured while using recalled power tools each year. Most tools are utilized to puncture, cut, slice, shred materials, or ...
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Tiger Wood's Crash - A Case of Defective Road Design

Mar 3, 2021 • Clark Fountain Staff

The news of Tiger Woods being severely injured in a rollover crash outside of Los Angeles has many fans concerned. The accident occurred around 7 am on Tuesday, February 23rd, when the new Hyundai ...
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The Week in Torts - Cases from the Week of February 12, 2021

Mar 3, 2021 • Clark Fountain Staff

Are you their agent? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 6 CASES FROM THE WEEK FEBRUARY 12, 2021 ERROR TO GRANT FINAL SUMMARY JUDGMENT FOR HOSPITAL FINDING ALLEGEDLY NEGLIGENT PHYSICIAN NOT AN ...
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FIU Bridge Builder Alleges Design Issues Caused the Collapse

Mar 1, 2021 • Mark Clark

It has been nearly three years since the collapse of the FIU Pedestrian Bridge. The tragic accident transformed the lives of the ten injured victims and the families of the six killed. The ...
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Failure to Diagnose Heart Attack Medical Malpractice?

Feb 26, 2021 • Nancy La Vista

Misdiagnosis and Failure to Diagnose Misdiagnosis or failure to diagnose often is caused by improper medical care, delayed treatment, or no treatment. This malpractice may worsen the patient's medical ...
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The Week in Torts - Cases from the Week of February 5, 2021

Feb 23, 2021 • Clark Fountain Staff

If it's vicarious, you better plead it! FLORIDA LAW WEEKLY VOLUME 46, NUMBER 5 CASES FROM THE WEEK FEBRUARY 5, 2021 PLAINTIFF MUST SPECIFICALLY PLEAD VICARIOUS LIABILITY TO AVOID SUMMARY JUDGMENT ...
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The Week in Torts - Cases from the Week of January 29, 2021

Feb 17, 2021 • Clark Fountain Staff

That ain't control… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 4 CASES FROM THE WEEK JANUARY 29, 2021 SUMMARY JUDGMENT FOR FRANCHISOR PROPER BECAUSE IT HAD NO LEGAL DUTY TO THE PLAINTIFF, AND COULD NOT BE ...
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Nestlé Recalls 760,000 Pounds of Hot Pockets Containing Glass and Hard Plastic

Feb 16, 2021 • Don Fountain

After receiving four consumer complaints about pepperoni hot pockets with “extraneous materials,” Nestlé Prepared Foods issued a Class I recall of about 762,615 pounds of Premium Pepperoni Pizza Hot ...
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Truck Safety Advocates Ask Biden To Take Action

Feb 11, 2021 • Clark, Fountain, La Vista, Prather & Littky-Rubin

On January 20, 2021, Joe Biden became the 46 th President of the United States. The Truck Safety Coalition, a safety group representing the families of truck accident victims, hopes this change will ...
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The Week in Torts - Cases from the Week of January 22, 2021

Feb 10, 2021 • Clark Fountain Staff

We see right through you… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 3 CASES FROM THE WEEK JANUARY 22, 2021 COURT REVERSED FOR A NEW TRIAL FINDING THE TRIAL COURT SHOULD NOT HAVE ALLOWED THE STATE TO ...
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