Clark Fountain Obtains Significant Recovery Despite Sovereign Immunity Limitations
Clark Fountain attorneys Don Fountain, Hampton Keen, and Poorad Razavi obtained a favorable recovery on behalf of their client who sustained serious injuries as a result of a collision with a van owned by Palm Beach County and driven by its employee. The county escaped vicarious liability under Florida’s longstanding sovereign immunity statute which superseded the dangerous instrumentality doctrine. However, during intense discovery and depositions, Clark Fountain was able to establish a pattern of neglect by the county to monitor its employee. As a result, Clark Fountain was able to advance counts of direct negligence against the county, and successfully obtain a favorable settlement for its client. Notably, the firm also obtained the $100,000 individual policy limits from the county employee’s personal insurance policy in addition to the recovery from Palm Beach County.