Clark Fountain Obtains Historic $86 Million Settlement in Tragic Wrongful Death Case

Clark, Fountain, Littky-Rubin & Whitman has successfully secured an $86 million settlement in a wrongful death lawsuit resulting from a horrific incident that caused the violent death of a completely innocent person. The litigation process involved suing over ten defendants and proving numerous complex professional negligence and product defect claims. This case was subject to a court-mandated 18-month timeline that expedited proceedings and resulted in a final settlement days before the jury trial was to begin.

Led by Ben J. Whitman, Don Fountain and Julie H. Littky-Rubin, the firm concentrated its efforts on orchestrating the complexities of the case. This involved identifying and explaining the failures of multiple interconnected safety systems on a commercial premises, completing over fifty depositions, briefing and obtaining court rulings on numerous highly technical legal issues, and collaborating with over twenty experts to ensure a comprehensive approach to the litigation.

Ben J. Whitman shared insights on the process, stating, “The court set a definitive timeline which guided our strategy to litigate this case as proactively as possible even though we were managing an unprecedented number of legal and factual issues at the same time. We worked diligently to ensure all factors were considered in reaching a settlement that fully compensated our clients for the tragic and preventable loss of their family member.” He added “this was a team process – this outcome was not possible without my partners and our entire firm.”

The settlement is one of the largest pre verdict settlements for a single wrongful death in the entire United States and sets a precedent for handling similarly complex high exposure catastrophic cases under strict time constraints.

Reflecting on the case’s conclusion, Whitman expressed a forward-looking perspective, “this lawsuit is already having a broader impact for the safety of the public. The regulatory body that writes the safety standards that apply to the industries involved in this case is in the process of updating those codes to prevent another incident like this as a direct result of this lawsuit.”

Clark Fountain’s handling of the case underscores their capability in managing and resolving intricate legal challenges within tight deadlines.

About Clark, Fountain, Littky-Rubin & Whitman

At Clark, Fountain, Littky-Rubin & Whitman, we know that behind every case are real people who need help. For over three decades, we’ve been committed to standing up for individuals and families affected by personal injury, product liability, catastrophic injuries, wrongful death, and medical malpractice. While we’re proud of our national recognition and a track record of over $1 billion in settlements and verdicts—including representation in more than 26 states—what truly drives us is ensuring that our clients receive genuine compassion, individualized attention, and unwavering advocacy.

We welcome the opportunity to co-counsel with fellow attorneys, and we take pride in combining our extensive legal knowledge, significant trial experience, and robust resources to litigate even the most challenging cases—always keeping our clients’ best interests at heart.