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Wed 31st Jul | 2024

Multi-Year Legal Battle Exposes Corporate Assault on Justice in the Tragic Death of Sheryll Caballes—Results in New Lawsuits

Accidents In the News Personal Injury Wrongful Death BY

PINELLAS COUNTY, FLA., JULY 29, 2024 — An extraordinary display of corporate and attorney misconduct has placed Circle K, a multinational, publicly traded corporation with over 15,000 fuel stations, globally, at the center of a major legal confrontation.

Days before Christmas 2021, Sheryll Caballes, a 42-year-old spouse and mother of five, was tragically burned to death at a Circle K gas station in Palm Harbor, Florida, when a vehicle collision dislodged a fuel dispenser, trapping Mrs. Caballes and preventing her from escaping the resulting gas-fueled fire. Every one of the multiple safety systems that should have been in place to prevent these types of incidents failed. The horror of the events was compounded by the fact that Mrs. Caballes’s 14-year-old daughter and 11-year-old son helplessly watched as their mother was consumed by the flames.

A lawsuit addressing this tragedy was filed by the law firm of Clark, Fountain, Littky-Rubin & Whitman in August 2022. Over the course of the next two years, attorneys Ben J. Whitman and Don Fountain secured a series of confidential settlements with various contributors to the wrongful death. However, legal proceedings continued against Circle K in preparation for a trial set to begin in October 2024. Those proceedings included over 60 depositions and dozens of court hearings.

In April 2024, the trial court entered an order finding that Circle K violated its obligation to preserve important physical evidence, and as a consequence, the burden of proof on key issues was shifted from the Caballes family to Circle K. But uncovering the destruction of evidence was only the tip of the “Circle K cover-up iceberg”.

After the two-year statute of limitations for wrongful death claims had expired preventing the addition of new defendants to the wrongful death claim, the Clark Fountain team discovered that in addition to destroying physical evidence, Circle K and its attorneys purposefully hid documents and failed to identify an independent contractor that inspected the fuel pump and its missing safety equipment just two days before Mrs. Caballes’s death. Once the hidden contractor was identified, Clark Fountain approached the contractor’s insurance company with an offer to settle the claims of the Caballes children, which were not barred by the statute of limitations. The insurance carrier properly decided to pay the entire $5 million insurance policy proceeds to settle the children’s claims, compensating them for the unspeakable anguish of witnessing their mother’s death.

However, in a perverse attempt to evade the consequences of the wrongdoing in which Circle K had already engaged, Circle K then interfered with the children’s settlement and effectively bribed the insurance carrier and the hidden contractor to withhold the settlement payment. While Circle K and its lawyers fought to keep the details of their interference secret, the written agreement documenting the bribe was eventually ordered to be disclosed.

Once Circle K’s calculated efforts to undermine the legal process were fully discovered, Jack Scarola from SEARCY DENNEY SCAROLA BARNHART & SHIPLEY filed a separate lawsuit against the attorneys involved in these fraudulent actions as well as Circle K.

Ben J. Whitman of Clark Fountain La Vista Littky-Rubin and Whitman commented, “This case represents more than a tragic accident; it is a stark example of how corporate giants, like Circle K, manipulate the system in an attempt to escape accountability. We are committed to exposing these actions and ensuring justice for the Caballes family in the upcoming trial.” Whitman added “our clients will be incredibly well served by having Jack Scarola and his firm involved.”

Jack Scarola of Searcy Denney added, “The depths of Circle K’s unlawful interference in the legal process show a blatant and reprehensible disregard for the rights and suffering of the victims. Our firm is privileged to be united with Clark Fountain’s, attorneys in this effort to combat these unethical practices and uphold the principles of justice and accountability.”

This case not only seeks justice for the unspeakable loss suffered by the Caballes family but also aims to highlight and combat the broader issues of corporate misconduct and the undermining of the civil justice system by powerful entities.

Attached is the Court’s Spoliation Order and the recently filed new lawsuit.

CLARK, FOUNTAIN, LITTKY-RUBIN & WHITMAN

Clark, Fountain, Littky-Rubin & Whitman is nationally recognized for litigating complex cases involving catastrophic injury, wrongful death, defective products, and medical malpractice. As a Florida Personal Injury Powerhouse, the firm is dedicated to justice and exceptional client service, boasting a distinguished track record. With over $1 billion in verdicts and settlements secured for their clients, their legal expertise and commitment are evident in every case they handle.

ABOUT SEARCY DENNEY SCAROLA BARNHART & SHIPLEY

SEARCY DENNEY SCAROLA BARNHART & SHIPLEY stands at the forefront of legal advocacy, renowned for its rigorous defense of consumer rights and unwavering pursuit of corporate accountability. With a steadfast commitment to advocating for victims of negligence and malpractice, the firm has established itself as a pillar of integrity and professionalism in the legal community. Known for its outstanding dedication to client satisfaction and a legacy of excellence that spans decades, Searcy Denney continues to set the standard for legal representation in Florida and beyond. Faithful to its mission, the firm consistently delivers justice and upholds the rights of its clients, navigating complex legal challenges with expertise and resolve.

For more details, quotes, or comments, please contact:

Celia Quitugua

Marketing Director

Phone: 561-899-2144 

Email: cquitugua@clarkfountain.com