West Palm Beach Personal Injury Law Firm

Sleep Deprived Drivers See Crash Risks Skyrocket, New Study Shows

Dec 10, 2018 • CLARK, FOUNTAIN, LA VISTA, PRATHER & LITTKY-RUBIN

Several studies over the past few years have called attention to the risks associated with drowsy driving. Although many are well aware drowsy driving can impede a person’s ability to drive safely, ...

The Week in Torts - Cases from the Week of November 23, 2018

Dec 6, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 47 CASES FROM THE WEEK OF NOVEMBER 23, 2018 ORDER DENYING MOTION TO DISMISS COMPLAINT ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE, WHERE TRIAL COURT DOES NOT ...

As Popularity of Sharable Scooters Increases, So Do Injuries

Dec 6, 2018 • CLARK, FOUNTAIN, LA VISTA, PRATHER & LITTKY-RUBIN

Sharable electric scooters are the latest rage in major cities across Florida and the country. These sleek motorized scooters work in many ways like the rideshare services which have become such an ...

"It's New to Me!" Making the Case for Why Strict Liability Applies to "Repurposed" or "Remanufactured" Products

Nov 28, 2018 • JULIE H. LITTKY-RUBIN & DONALD R. FOUNTAIN, JR.

When an entity in the business of selling “repurposed” or “remanufactured” products puts one of those products into the stream of commerce, the question becomes whether such a product—one that is ...

The Week in Torts - Cases from the Week of November 16, 2018

Nov 25, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 46 CASES FROM THE WEEK OF NOVEMBER 16, 2018 ALLEGATION THAT TRIAL JUDGE IS FACEBOOK “FRIENDS” WITH AN ATTORNEY APPEARING BEFORE THAT JUDGE--STANDING ALONE--DOES ...

The Week in Torts - Cases from the Week of November 9, 2018

Nov 23, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 45 CASES FROM THE WEEK OF NOVEMBER 9, 2018 TRIAL COURT ABUSED ITS DISCRETION IN DENYING MOTION FOR 57.105 SANCTIONS--THERE IS NO EXCEPTION FOR AN ATTORNEY WHO ...

The Week in Torts - Cases from the Week of NOVEMBER 2, 2018

Nov 22, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 44 CASES FROM THE WEEK OF NOVEMBER 2, 2018 WHEN MINOR LACKS A PARENT, GUARDIAN OR GUARDIAN AD LITEM, OR DURING ANY PERIOD WHERE THOSE PERSONS HAVE AN INTEREST ...

The Week in Torts - Cases from the Week of October 26, 2018

Nov 20, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 43 CASES FROM THE WEEK OF OCTOBER 26, 2018 CHANGE IN ELECTRONIC SERVICE RULES. In Re: Amendments to Florida Rules of Civil Procedure, Florida Rules of Judicial ...

The Week in Torts - Cases from the Week of October 19, 2018

Nov 18, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 42 CASES FROM THE WEEK OF OCTOBER 19, 2018 FRYE IS THE LAW OF THE LAND IN FLORIDA. Delisle v. Crane Co. , 43 Fla. L. Weekly S459 (Fla. October 15, 2018): In this ...

The Week in Torts - Cases from the Week of October 12, 2018

Nov 16, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 41 CASES FROM THE WEEK OF OCTOBER 12, 2018 SUCCESSOR JUDGE ERRED IN AWARDING AN ADDITUR TO THE JURY’S PAIN AND SUFFERING AWARD WHERE CONFLICTING EVIDENCE WAS ...

Clark, Fountain, La Vista, Prather & Littky-Rubin is a 2019 Best Law Firm by Best Lawyers®

Nov 15, 2018 • Clark Fountain Staff

In recognition of our commitment to client satisfaction and constant pursuit of excellence, U.S. News and World Report Best Lawyers® has recently named Clark, Fountain, La Vista, Prather & ...

The Week in Torts - Cases from the Week of October 5, 2018

Nov 2, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 40 CASES FROM THE WEEK OF OCTOBER 5, 2018 NO AMBIGUITY IN TWO IDENTICAL PROPOSALS FOR SETTLEMENT MADE TO TWO SEPARATE DEFENDANTS. Allen v. Nunez , 43 Fla. L. ...

The Week in Torts - Cases from the Week of September 21, 2018

Nov 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 38 CASES FROM THE WEEK OF SEPTEMBER 21, 2018 THE FOCUS ON A BAD FAITH CASE IS NOT ON THE ACTIONS OF THE INSURED, BUT RATHER ON THE ACTIONS OF THE INSURER IN ...

The Week in Torts - Cases from the Week of September 28, 2018

Oct 19, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 39 CASES FROM THE WEEK OF SEPTEMBER 28, 2018 LOADERS ARE DANGEROUS INSTRUMENTALITIES. Newton v. Caterpillar Financial Services Corp. , 43 Fla. L. Weekly S415a ...

Overview of Florida Tort Law

Oct 17, 2018 • Clark Fountain Staff

What Is Tort Law? The term “tort” broadly refers to deliberately committed, wrongful actions (also known as “civil wrongs”) that infringe on the rights of others. In the state of Florida, “tort law” ...

The Week in Torts - Cases from the Week of September 14, 2018

Oct 15, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 14, 2018 TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW IN DISQUALIFYING LAW FIRM REPRESENTING PLAINTIFF, WHERE ...

How Does Florida Sovereign Immunity Law Affect Your Lawsuit?

Oct 12, 2018 • Clark Fountain Staff

In general, tort law recognizes that you are liable for injuries that another person sustains as a result of your negligent actions. So who can be liable for negligence? Individuals, corporations and ...

Florida Drivers Again Named Among Worst in Nation: Here's Why

Oct 11, 2018 • Clark Fountain Staff

Auto accidents, dangerous drivers, and roadway risks are potential hazards nearly anywhere in the U.S., but in Florida, they seem to have become a way of life. That’s according to a new study ranking ...

The Week in Torts - Cases from the Week of September 7, 2018

Oct 9, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 7, 2018 SUPREME COURT REVERSES DISMISSAL OF A MEDICAL MALPRACTICE CLAIM IN PRESUIT, FINDING EXPERT’S AFFIDAVIT CONTAINED ...

Florida's Impact Rule: No Harm, No Distress

Oct 2, 2018 • Clark Fountain Staff

After being in an accident of any sort, it is common for survivors to experience significant emotional pain and suffering. However, due to Florida’s impact rule, seeking noneconomic damages for such ...

The Week in Torts - Cases from the Week of August 31, 2018

Oct 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 35 CASES FROM THE WEEK OF AUGUST 31, 2018 NO ABUSE OF DISCRETION IN THE AWARD OF A 2.0 CONTINGENCY FEE MULTIPLIER--RISK MULTIPLIERS ARE NO LONGER LIMITED TO RARE ...

How the Medical Device Industry Fails to Protect Patient Safety

Sep 25, 2018 • Clark, Fountain, La Vista, Prather & Littky-Rubin

If you pay attention to the news, you’ll see that recalls issued for consumer products, foods, pharmaceutical medications, and medical devices happen on a daily basis. While some of these recalls ...

When Can I File a Lawsuit for My Personal Injury?

Sep 24, 2018 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Under Florida Law, there is no criteria that must be met in order to file a lawsuit for a personal injury you sustained. The only exception is when it comes to injuries suffered in a motor vehicle ...

The Week in Torts - Cases from the Week of August 24, 2018

Sep 21, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 34 CASES FROM THE WEEK OF AUGUST 24, 2018 TRIAL COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO EXCUSE FOR CAUSE A JUROR WHO WORKED AS A PROSECUTOR FOR STATE ...

Commercial Trucking Regulations: Understanding the Obligations of Trucking Companies

Sep 19, 2018 • Clark Fountain Staff

Commercial trucks and tractor-trailers are the largest and most dangerous vehicles on public roads. Weighing as much as 80,000 pounds, slow to stop, and difficult to maneuver, commercial vehicles pose ...

Blog Posts in 2018