A tractor trailer driver transporting a loaded fertilizer trailer carrying
30,000 lbs of fertilizer suffered a front tire blowout. The tire explosion
caused the vehicle to lose control and leave the roadway. As the vehicle
traveled across a small ditch on the shoulder of the roadway the trailer
broke loose from the tractor running through and over the tractor and
the driver. The impact caused a traumatic amputation of both of the drivers
legs, pinned him in the vehicle and severed the vehicle fuel tank causing
a fire. The driver was pulled from the burning wreckage by an eyewitness.
The failure of the tire was traced to defects in the tires steel belt cord
affected the tires adhesion properties and caused the tire to separate
and blowout. At the conclusion of a month long trial the jury determined
that the tire was defective and returned a verdict against the tire manufacturer.
Firm clients were triumphant against Continental Tire a second time when
the Fourth District Court of Appeal affirmed the $10+ million verdict
a Palm Beach County jury awarded them in a tire defect case, back in October
of 2013, at the conclusion of a month-long trial.
By per curium affirmance, the Fourth District recently determined that
the jury correctly found that Continental Tire had manufactured the Parkers’
tire with a defect in it; it was that defect that caused our client’s
Our client was the victim of a horrific tire blowout on I-95 in 2009. She
spent a month in a coma, 102 days in the hospital, underwent 17 surgical
procedures, and endured other extensive medical treatment.
The trial culminated a four-year battle that Clark Fountain had waged against
Continental Tire. The German tire maker was so confident in its position,
that it never even offered one penny to settle the case before trial.
Continental vigorously opposed the case at every turn and still made no
settlement offer, even after the Palm Beach County jury told Continental
they owed our client nearly $11 million. Instead it vowed to appeal, and did.
Mark Clark and Christa McCann were contacted by an out-of-state referral
attorney to investigate a potential product liability case arising out
of a violent collision. Following a thorough inspection of the vehicle
with their experts, Clark and McCann determined that there was no viable
product liability claim. However, they brought a lawsuit against the other
driver who caused the collision. After obtaining an excess judgment against
the at-fault driver, Clark and McCann filed a bad faith action against
the driver’s insurance company based on its failure to timely pay
the driver’s $10,000 liability limits pre-suit. Ultimately, Clark
and McCann made a $1.2 million bad faith recovery on behalf of the client--$1.19
million above the policy limits--to cover the client’s damages.
Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin is pleased
to announce that David C. Prather was recently successful in obtaining
a nearly $500,000 jury verdict on behalf of a Florida man who suffered
injuries to his back and neck following a rear-end collision. The collision
occurred in May of 2015 when a Jaguar was pushed into our client’s
vehicle after being struck by a large Chevy truck. There was no visible
damage to our client’s vehicle, which was fitted with a heavy duty
trailer hitch that bore the brunt of the impact.
David Prather and Christa McCann recently obtained a $361,000 verdict on
behalf of a client who suffered head, neck and shoulder injuries in a
low-speed, rear-end collision. Prior to trial, the client underwent a
series of injections, but no surgery. The defendant driver and underinsured
motorist carrier denied liability and argued that the plaintiff caused
the accident by making a sudden, unexpected stop, and that her injuries
were not caused by the impact, but instead were the result of degenerative
Our client was transported to the hospital by ambulance with a chief complaint
of nausea and vomiting and severe pain in the back near the kidneys. She
was discharged the same day, but returned to the same hospital later that
afternoon with the same symptoms and was admitted. Two days later our
client was found unresponsive by her husband and later pronounced brain
dead. The case was brought against the healthcare provider alleging the
patient was overdosed on medications and improperly clients. Nancy La
Vista successfully resolved the case in favor of the surviving spouse
for a confidential amount.
Mark Clark Obtains Successful Resolution For The Surviving Family Members
In a Tragic Wrongful Death Case. The decedent was killed in a violent
crash involving a commercial truck. Following the accident, the family’s
probate attorney sought the expertise of Clark Fountain to investigate
and pursue a wrongful death case on behalf of the Personal Representative
of the Estate of the decedent and the surviving family members. As a result,
Mark Clark was able to achieve a successful resolution of the devastating
case prior to trial.
Mike Smith and Nancy La Vista successfully resolved a medical malpractice
claim whereby the patient was left paralyzed below the waist. After back
surgery, the patient bled into his spine which went undiagnosed too long
such that the proper treatment was ineffective. The resolution of the
litigation will allow the patient and his family to obtain future medical
care and be financially secure.
Ben J. Whitman and Mark W. Clark recently obtained a settlement on behalf
of a North Palm Beach client who was stopped at red light when a Maserati
sedan –operated by a felon who stole the vehicle from a country
club parking lot and pursued at high speeds by the Palm Beach Gardens
Police Department – violently impacted his vehicle. Although the
owner of the vehicle did not give the driver permission to operate the
Maserati and police officers were in violation of internal policies regarding
high speed chases, Whitman and Clark were able to establish that the owner
of the vehicle was liable for the damages.
Full Insurance Policy Limits Settlement for Family of 27- Year-Old Tragically
Killed by Out-of-State Motorist. A 27 year old woman was crossing a central
Florida street in a marked crosswalk when a vehicle operated by an out-of-state
motorist struck the young woman, resulting in her tragic death.
When a family’s SUV rolled over while returning to California from
a mission trip to Mexico, one family member was killed and several family
members suffered catastrophic injuries, including a traumatic brain injury
to one of their children. The surviving family members enlisted the help
of Clark Fountain to pursue crashworthiness claims against the manufacturer
and designer of the SUV.
Firm partners Hampton Keen and Don Fountain’s extensive litigation
experience with this model SUV enabled them to successfully resolve the
case long before trial. Although nothing can replace their lost loved
one, the family no longer needs to worry about the proper medical care
and future of their brain injured son.
Mark Clark and Christa L. McCann recently obtained a substantial confidential
recovery against a large insurance carrier in a bad faith claim brought
by the personal representative of the estate of a deceased woman. The
carrier claimed that it lacked notice of the underlying claim or the severity
of the deceased’s injuries or damages prior to the time that suit
was filed in the underlying action. However, Clark and McCann were able
to establish that the carrier was notified by its insured as well as the
medical providers that treated the deceased prior to her death and that,
despite that notice, the carrier failed to respond to requests for information
or otherwise ultimately agreed to a confidential settlement to resolve
the judgment obtained in the underlying wrongful death case.
Mark Clark and Ben J. Whitman successfully resolved a wrongful death case
arising out of a rear tire tread belt separation and subsequent rollover
accident. As a result a mother of three was tragically killed. Clark Fountain
were contacted by out of state attorneys to handle this wrongful death
case because of the firm’s prior experience and expertise in handling
tire failure and rollover cases.
Mark W. Clark and Christa L. McCann represented a family of five on vacation
in Florida, who sustained catastrophic injuries including quadriplegia
and traumatic brain damage when a commercial semi-tractor-trailer made
an improper right turn from the left lane across the clients’ lane
of travel. As a result, the driver of the clients’ vehicle was forced
to take evasive action, but was still unable to avoid colliding with the
trailer of the rig. Clark and McCann were able to establish that the driver
of the tractor-trailer violated key provisions of the Federal Motor Carrier
Safety Regulations (FMCSR), which require drivers of commercial vehicles
to make a right hand turn “as close as practicable to the right-handed
curb or edge of the roadway” and to ensure that no vehicles are
passing them or otherwise in their path of travel before beginning their
turn. One of the clients was rendered quadriplegic requiring 24-hour-a-day
care for the remainder of his life. The initial medical bills alone were
well over $1 million and his future medical care needs exceeded $15 million.
Our client’s doctors opined that he could live into his 70s with
quality medical care. Fortunately, our firm was able to obtain a multi-million
dollar recovery from the trucking company’s insurance carriers,
and provide financial security for our clients in this case.
A properly seat belted passenger suffered massive fatal head injuries while
riding in an SUV when the vehicle rolled. Although the seat belt remained
latched throughout the accident the roof and its supporting structures
were not strong enough resulting in the entire roof structure collapsing
down and inward to the point that our petite client was killed. The family
hired our firm to investigate, with attorneys Don Fountain and Poorad
Razavi leading the case. After a thorough investigation, the firm reached
a confidential settlement with the major auto manufacturer for wrongful
death of our client.
When Hampton Keen and Christa McCann were contacted by the family of a
woman killed in a horrific motorcycle crash, the initial reports suggested
that the at-fault party would never be identified. However, Keen and McCann
persevered and determined that the party responsible for a tar spill on
the roadway that led to the motorcycle’s loss of control was a local
landscaping company whose driver had left the scene of the earlier tar
spill. After learning the tortfeasor’s identity, Keen and McCann
convinced the insurance carrier for the landscaping company of its insured’s
liability, and the insurance carrier tendered the multi-million dollar
Our client fell at her home while doing yard work and sustained a left
elbow radial head fracture. Because of the severity of the fracture, surgical
intervention was necessary. Unfortunately, the surgery resulted in permanent
numbness and tingling in the median nerve distribution, which affected
the thumb and index fingers and prohibited her from engaging in typical
daily activities. As a result of the botched surgery, our client underwent
multiple additional surgeries. She was never able to improve the loss
of use in her hand and fingers that originated after the initial surgery.
Associate Michael Smith retained multiple experts and filed suit against
the healthcare provider alleging the surgery should have never been performed
and that it was not preformed correctly. The case successfully resolved
for a confidential amount, which will help compensate our client for future
medical needs and loss of her working ability as a health care provider
– a position she held prior to her injury for more than 16 years.
Jason Cornell recently obtained a confidential settlement on behalf of
a client who sustained a spinal cord injury that resulted in quadriplegia,
after she fell from a pier that extended over 100 feet out into a waterway.
Through his investigation of the incident, Cornell determined that the
“terminal” (end point) of the pier lacked a railing, despite
the fact that the permits and plans called for the installation of railing
along all sides. In addition, through discovery, the firm was able to
show that the pier she was on at the time of the incident was not properly
constructed. As a result, the state-wide construction company that built
the pier agreed to a confidential settlement.
Don Fountain and Jason Cambell negotiated a confidential settlement on
behalf of a family, whose matriarch was severely injured as the result
of an accident which was caused by a large commercial truck’s tire
separation and blowout. The tire manufacturer steadfastly maintained,
until the very end, that the tire was not defective. The case involved
more than 60 depositions, a dozen experts and two appeals before the case
was finally concluded before jury selection began.
Mark Clark and Ben Whitman resolved a claim against a nationwide trucking
company and its employees for their negligence in parking a tractor trailer
on the side of an active roadway in Marion County, Florida. Clark and
Whitman established that the truck company’s employee pulled to
the side of the road late in the evening without placing warning / lighting
devices on the roadway as required by Federal Trucking Regulations that
would have alerted the firm’s clients to the truck posed a danger
to those in the roadway.
Due to the defendant’s negligence – the client’s vehicle
collided with the parked truck and exploded into flames – causing
catastrophic injuries to the clients which resulted in medical bills exceeding
$1.5 million dollars.The firm was able to establish that the trucking
company violated its own internal policies by failing to part the truck
in the appropriate place on the roadway and provide other motorists with
necessary warnings regarding the location of the truck. The truck company
agreed to a significant confidential settlement at a pre suit mediation
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