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The Week in Torts - Cases From the Week of July 2, 2021

Jul 21, 2021 • Clark Fountain Staff

More Worley ball FLORIDA LAW WEEKLY VOLUME 46, NUMBER 26 CASES FROM THE WEEK JULY 2, 2021 UNDER WORLEY , DISCOVERY DIRECTED TO A PARTY’S RELATIONSHIP WITH AN EXPERT IS FAIR GAME, BUT DISCOVERY ...
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The Week in Torts - Cases From the Week of June 25, 2021

Jul 13, 2021 • Clark Fountain Staff

Calling out bad behavior... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 25 CASES FROM THE WEEK JUNE 25, 2021 JUDGE’S CONCURRENCE CALLS OUT UNPROFESSIONAL CONDUCT (REPEATEDLY CAUSING MISTRIALS) Cemoni v. ...
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Ben J. Whitman Recipient of the Florida Justice Association's Bronze Eagle Award

Jul 13, 2021 • Clark Fountain Staff

Clark, Fountain, La Vista, Prather, and Littky-Rubin is pleased to announce that Partner Ben J. Whitman is a recipient of the Bronze Eagle Award given by the Florida Justice Association. The Endowment ...
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The Week in Torts - Cases From the Week of June 18, 2021

Jul 6, 2021 • Clark Fountain Staff

No setoff for UM or Bad Faith settlements FLORIDA LAW WEEKLY VOLUME 46, NUMBER 24 CASES FROM THE WEEK JUNE 18, 2021 TRIAL COURT PROPERLY REJECTED DEFENDANT’S ARGUMENT FOR SETOFF FROM BAD FAITH/UM ...
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Clark Fountain Partners Named to Florida Trend's 2021 Legal Elite

Jun 30, 2021 • Clark Fountain Staff

WEST PALM BEACH, Fla., July 1, 2021 - Clark, Fountain, La Vista, Prather, Littky-Rubin is pleased to announce that partners Mark W. Clark and Nancy La Vista of the West Palm Beach Personal Injury firm ...
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The Week in Torts - Cases From the Week of June 11, 2021

Jun 30, 2021 • Clark Fountain Staff

Court cracks Binger whip FLORIDA LAW WEEKLY VOLUME 46, NUMBER 23 CASES FROM THE WEEK June 11, 2021 TRIAL COURT ABUSED DISCRETION IN ALLOWING TESTIMONY ABOUT SURVEILLANCE VIDEO WHEN DEFENDANT DID NOT ...
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Clark, Fountain, La Vista, Prather & Littky-Rubin Attorneys Selected as Super Lawyers

Jun 23, 2021 • Clark Fountain Staff

WEST PALM BEACH, Fla., (June 24, 2021) - Clark, Fountain, La Vista, Prather & Littky-Rubin is pleased to announce that each of its six partners and one associate have been recognized by their peers ...
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The Week in Torts - Cases From the Week of June 4, 2021

Jun 23, 2021 • Clark Fountain Staff

We always knew the insurance company was the client. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 22 CASES FROM THE WEEK June 4, 2021 INSURANCE COMPANIES HAVE STANDING TO BRING LEGAL MALPRACTICE CASES AGAINST ...
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The Week in Torts - Cases From the Week of May 28, 2021

Jun 16, 2021 • Clark Fountain Staff

You get what you pay for FLORIDA LAW WEEKLY VOLUME 46, NUMBER 21 CASES FROM THE WEEK MAY 28, 2021 TRIAL COURT ERRED IN ALLOWING THE PLAINTIFF TO INTRODUCE THE TOTAL GROSS AMOUNT OF THE MEDICAL ...
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The Week in Torts - Cases From the Week of May 21, 2021

Jun 9, 2021 • Clark Fountain Staff

Sorry, G4S, you only get LIMITED immunity FLORIDA LAW WEEKLY VOLUME 46, NUMBER 20 CASES FROM THE WEEK MAY 21, 2021 ERROR TO TRANSFER VENUE WHERE MOTION WAS NOT VERIFIED OR SUPPORTED BY AFFIDAVIT ...
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The Week in Torts - Cases From the Week of May 14, 2021

Jun 2, 2021 • Clark Fountain Staff

Sometimes they are just good ol' fashioned permissible inferences FLORIDA LAW WEEKLY VOLUME 46, NUMBER 19 CASES FROM THE WEEK MAY 14, 2021 WITHOUT A MOTION FOR DIRECTED VERDICT, THE TRIAL COURT ERRED ...
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The Week in Torts - Cases From the Week of May 7, 2021

May 25, 2021 • Clark Fountain Staff

Two-issues, one affirmance FLORIDA LAW WEEKLY VOLUME 46, NUMBER 18 CASES FROM THE WEEK MAY 7, 2021 TWO- ISSUE RULE SAVES PLAINTIFF FROM REVERSAL ON DAUBERT -- COURT REVERSES AND REMANDS FOR ...
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The Week in Torts - Cases From the Week of April 30, 2021

May 18, 2021 • Clark Fountain Staff

Dawning of a new summary judgment age FLORIDA LAW WEEKLY VOLUME 46, NUMBER 17 CASES FROM THE WEEK APRIL 30, 2021 IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.510, 46 Fla. L. Weekly S95 (Fla. ...
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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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