Appeals Court Affirms Over $10 Million Verdict For Clark Fountain Client Against Continental Tire
Florida, Fla. (October 1, 2015) - The 4th District Court of Appeal today affirmed an over $10 million ruling against Continental Tire, one of the largest tire manufacturers in the world, in favor of the Parker family. Julie Littky-Rubin, a Florida Bar Board Certified Appellate lawyer at Clark Fountain, handled the appeal, presenting oral arguments on September 22, 2015.
Tracy Parker initially received compensation of over $10 million in 2013 for catastrophic damages from a Palm Beach County jury who determined that a defect caused the tire’s failure and her injuries. Parker was the 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.
The verdict came after a three-week trial and four year battle against the defendant. Attorneys W. Hampton Keen and Donald R. Fountain, who tried the case, contended that a defect in the tire caused it to prematurely fail without warning. According to Keen, at the time of its failure, the Parker tire appeared well maintained, with no uneven tread wear, no repairs, plenty of tread depth, and three years remaining on its warranty.
"This is a wonderful day for the Parker family," said Julie Littky-Rubin. "After so much suffering, the jury ruled that Continental was responsible for causing it and the Fourth District agreed with what the jury ruled."
On the afternoon of May 19, 2009, Tracey Parker was driving to her job in Port Saint Lucie when her vehicle’s right rear tire failed and caused the vehicle to roll over three times. Catastrophically injured, she was airlifted to St. Mary Hospital’s Trauma Center in West Palm Beach, where it was feared that she would not survive.
Parker, now 41, has three children and is married to Ed, a second grade school teacher in Palm Beach Gardens.
Continental Tire, a German owned company, denied all responsibility for the tire’s failure.