Thu 31st May | 2018

Family of Man Killed in Truck Accident Wins $15.5M Award

Case Results In the News Partner News Personal Injury Wrongful Death BY

Attorney Don Fountain, Attorney Jason Cornell, Attorney Julie Littky-Rubin, and Attorney Hampton Keen of Clark, Fountain, La Vista, Littky-Rubin & Whitman, a leading name in personal injury litigation in West Palm Beach and Palm Beach County, have secured a $15.5 million jury award in a truck accident case. The plaintiffs in the claim were the surviving family members of a truck driver who lost his life in 2013 due to a crash caused by a tire blowout and part defect.

Werner Letterman had his Mr. Rooter truck modified by National Truck Center (NTC), a company that offered to convert his tractor-trailer into a pumper truck. While driving along Interstate-95, a tire of Werner’s truck ruptured. It is believed he had no possibility of steering or slowing the truck after the blowout due to the defective modification carried out by NTC.

In order to solidify the claim of his clients, our team of attorneys focused on the engineering faults of NTC that ultimately led to the truck accident, as well as proving that NTC effectively created a “new” product due to the extent of its modifications. G. Bryant Buchner, the president of Quest Engineering and Failure Analysis, was brought in as a key witness. He testified that it was impossible for Werner to control his truck after the blowout due to NTC’s faulty or insufficient conversion. The argument was furthered by our attorneys by pointing out that NTC did not conduct an engineering systems analysis after their conversion was apparently completed. A thorough test would have noticed the mechanical issues well before they ever endangered Werner.

The jury award initially put 100% of liability on NTC but later changed it to 95%, with the last 5% falling upon Shandong Linglong Tyre Co., the manufacturer of the tire that burst. The $15.5 million jury award may still be appealed by the defendants, but Clark, Fountain, La Vista, Littky-Rubin & Whitman is ready for anything. Our law firm has a long history for standing up for victims of wrongdoing, no matter the challenges ahead.