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- Medical Malpractice
- Florida Misdiagnosis Lawyer
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- Florida Boat Accident Lawyers
- Florida Watercraft Defects Lawyer
- Florida Birth Injury Lawyer
- Expert Personal Injury Lawyer for Paralysis Claims
- Insurance Bad Faith
- Seatbelt Failures
- Medical Devices
- Vehicle Fires
- Vehicle Roof Collapse
- DUI Accident and Injury Lawyer
- Surgical Errors Lawyer
Confidential
Wrongful Death
FIRM WINS CONFIDENTIAL SETTLEMENTS IN A COMPLEX WRONGFUL DEATH, 17 PARTY ROAD CONSTRUCTION / DESIGN CASE
Tragedy struck a North Dakota Family that travelled to Orlando, Florida to enjoy the area’s world famous theme parks, when a drunk driver rear ended the family’s van on State Road 528. The collision caused the vehicle to leave the highway and crash into a massive concrete pole. Miraculously, all of the occupants of the vehicle walked away unharmed with the exception of the wife and mother of two children who was killed instantly, when her passenger door collided with the concrete pole.
Clark Fountain’s investigation revealed that a recent construction project had impermissibly allowed the installation of a large concrete pole in the right of way. There were no guardrails or other safety devices installed to protect motorists from the concrete pole.
After the case was turned down by multiple law firms, the family’s North Dakota and Minnesota counsel contacted firm attorneys Don Fountain and Ben J. Whitman because of the firm’s nationwide reputation and prior experience handling complex road design and defect cases.
The firm conducted site inspections, identified dozens of companies involved in the construction project, and retained professional engineer experts, resulting in a lawsuit naming 16 defendants. After months of negotiations, Whitman and Fountain were able to reach confidential settlements with all parties on behalf of their grieving clients.
Wrongful Death
Client Electrocuted During Construction of New Housing Development
The fatal incident occurred during the construction of a new housing development, when land-moving efforts significantly altered the landscape, decreasing the clearance height under the existing uninsulated power lines. These activities left the high-voltage lines exposed at a height that could be struck by other construction equipment during the project.
The firm’s client was operating a piece of equipment when the hydraulic arm, just tall enough to reach the compromised utility line, made contact, energizing the equipment, setting it on fire, and ultimately killing the operator.
Desperate for answers, the surviving family retained attorneys Ben Whitman and Don Fountain to investigate any avenue of recovery. The firm pursued claims against multiple defendants involved in the development of the construction project as well as those responsible for the placement of and monitoring of the power line during the construction project and successfully obtained several confidential settlements.
Wrongful Death
Tree-Trimming Incident Leads to Electrocution
Firm client, a husband and father of three children was on a ladder leaning against a tree performing landscaping services at a Florida residence when a palm frond he was cutting contacted powerline just below. The contact between the palm frond and the power line caused the tree and ladder to become energized with electrical currents flowing from the powerline resulting in severe electrical burns, leading to his untimely death.
Following the devastating incident, the surviving family retained attorneys Ben Whitman and Don Fountain to investigate the case.
In their investigation, Whitman and Fountain proved that the utility company, the utility company’s tree trimming, and arborist contractors, and the landscape architect hired by the homeowners and the vegetation management firm improperly planted the trees too close to the power lines and then failed to properly maintain the lines and clear them of vegetation despite the fact that the tree was identified as a “critical palm” in an inspection conducted before the incident.
Furthermore, the utility company admitted its contractors did not follow all the protocols provided to ensure that the tree would have been removed from the ground or trimmed back far enough to prevent this incident from occurring.
A few days before a jury trial was set to commence Whitman and Fountain resolved the case for a significant confidential settlement.
Despite being a known industry hazard, utility companies neglect to educate the public of the dangers of making "indirect contact" with energized vegetation.
Wrongful Death
Fatal Electrocution Results in Significant Confidential Settlement For Family of Five
Clark Fountain’s Jennifer Dinetz has obtained a significant confidential settlement on behalf of a father of four who was killed after being electrocuted by a high-voltage utility wire. Authorities found him hoisted by his harness 25 feet in the air. The firm’s client was trimming trees in the rear of a home that had become overgrown to maximize privacy but had grown too close to the powerline.
Dinetz was retained to investigate any avenue of recovery and presented claims against the homeowner, the owner of the utility line, and the tree trimming/vegetation management contractors hired by the owner of the utility line.
Dinetz filed the lawsuit alleging negligence on the property owner for failing to warn, on the utility company for failing to inspect, and on the vegetation company for failing to carry out the assigned trimming plans. After completing discovery, Dinetz was able to resolve this matter against all Defendants for the benefit of our client’s surviving spouse and four children.
1.4M Settlement
Florida Auto Accident Lawyers
Clark Fountain Secures 1.4M Settlement in Tractor-Trailer Crash
Our client was completing a delivery of corn in western Palm Beach County when the tractor-trailer he was operating was t-boned at a busy intersection. The defendant was also operating a tractor-trailer when he failed to stop at a red light striking our client as he was crossing the intersection.
As a result of the crash, our client suffered significant orthopedic injuries and underwent a cervical spine fusion at the C3-4, C4-5, and C6-7 levels in his neck and also underwent extensive physical therapy.
Due to the permanent nature of the client’s injuries, he was forced to retire from working as an independent tractor-trailer driver several years earlier than he had planned.
Clark Fountain successfully obtained the 1.4M Settlement, which will help to offset the client’s living expenses during his “golden years” in retirement.
Florida Negligent Security Lawyers
Firm Obtains Confidential Settlement for Family of Apartment Complex Shooting Victim
Our client’s son was walking through the parking lot of the family’s apartment complex when criminal activity erupted. Our client's son sustained two fatal gunshot wounds to the chest. Clark Fountain was hired to investigate the case and determine if there were any potential claims to compensate the family for the loss of their son.
The initial investigation revealed that the apartment complex and surrounding areas had a decades-long history of violent crimes leading to injuries and death of innocent victims. Despite this knowledge, the owners of the apartment complex and management company failed to hire any contractors to provide security for their residents.
Partners Donald R. Fountain and Ben J. Whitman were able to obtain a significant confidential settlement and hold the defendants accountable for the wrongful death of our client'shttp://Donald R. Fountain beloved son.
Confidential
Florida Brain Injury Lawyers
Confidential Settlement Reached in Negligent Security Case Resulting in Severe Facial and Head Trauma
Upon exiting an elevator to leave a club in West Palm Beach, our clients, two cousins, were attacked and sustained severe facial and head injuries including a facial/orbital fracture and concussion. The attackers were unknown to our clients and never identified or charged. Given that the premise was in a known high crime area, Ben J. Whitman demonstrated the club owner’s failure to take appropriate measures to provide reasonable security and prevent harm.
Whitman successfully resolved the case citing the property owner’s failure to provide adequate security via an insufficient presence of security guards, poor lighting, and inadequate surveillance technology.
Previously overwhelmed by mounting medical bills and no health insurance, our clients are relieved that the settlement will cover their existing and future medical costs, in addition to lost wages.
Confidential
Florida Defective Products Lawyer
Collapsed Defective Ladder Claim Results In Confidential Settlement
$2M
Florida Defective Products Lawyer
$2M Settlement Obtained for Lawn Maintenance Employee for Amputation
Confidential
Motorcycle Accidents
Client Suffers Permanent Hand Injuries in ATV Rollover Crash
Confidential
Florida Personal Injury
Truck Crash Leaving Four Orphaned Children Results in Confidential Settlement
Two Firm clients were killed instantly in a severe weather collision with a semi-truck. Their instantaneous deaths tragically left their four children without parents.
The lawsuit alleged that the semi-truck was operating in violation of Federal Motor Carrier Safety Regulations, particularly those pertaining to the operation of commercial vehicles in extreme weather conditions and the failure to take proper precautions and operate the truck at an appropriate speed given the severe weather conditions.
Ultimately, Attorney Shana P. Nogues was able to obtain a confidential settlement against the truck driver and trucking company that will help support the children.
Confidential
Florida Electrocution Accident Lawyer
Firm Client Electrocuted At Historic Hotel While On Vacation In Florida
While on vacation at a historic hotel in Florida, firm client was violently electrocuted in the outdoor pool area. The client was taken by EMS and admitted to a local hospital after suffering burns, arm, shoulder and heart injuries.
The client ultimately underwent multiple surgeries to attempt repair of the client's rotator cuff and bicep tendon which were destroyed from the electrical current. The client was left with severe loss of use and performance of his arm and disfigurement.
In addition, he underwent a cardiac catheterization angioplasty implant to repair heart damage.
Partner Mark W. Clark and attorney Jennifer A. Dinetz filed a lawsuit against the hotel on behalf of the client and after establishing negligence on the hotel for causing the electrocution. A substantial confidential settlement was obtained for the clients.
Confidential
Product Recalls Lawyers
Products Liability Case Against Gun Manufacturer For Drop Fire Incident Results in Confidential Settlement
Firm client sustained a devastating gunshot wound when his firearm discharged upon falling on the floor. The stray bullet entered his leg and struck his tibia then fragmented causing our client to suffer from compartment syndrome. Our client underwent emergency surgery and extensive rehabilitation in his recovery.
The lawsuit alleged a defective design in the firearm that allowed it to fire under inertia. Ultimately, on the eve of trial, Attorney Shana P. Nogues was able to obtain a confidential settlement against the firearms manufacturer for the severe and painful injuries suffered by our client.
Confidential
Florida Vehicle Rollover Lawyer
Client Suffers Amputation of Arm in Vehicle Rollover Crash
Firm client was a passenger in a vehicle that lost control and rolled over resulting in the traumatic amputation of her arm. The driver of the vehicle was charged and ultimately convicted of DUI causing serious bodily injury.
Mark W. Clark and Jennifer A. Dinetz were retained to pursue a Liquor Liability case against the restaurant / sports bar establishment that served alcoholic beverages to the at-fault driver before the crash.
The case was filed in both state and federal court due to the complexity of the liquor liability laws and insurance coverage issues involved in the case. The lawsuit alleged that the restaurant bar knowingly served alcoholic beverages to a person habitually addicted to alcohol that resulted in the subject crash.
Despite the legal challenges, Clark and Dinetz were able to establish that there was liquor liability coverage for the claim and they were able to secure key testimony from employees of the restaurant bar in order to establish that the bartender knowingly served a habitual alcoholic before the crash. Ultimately, after the lengthy legal battle a confidential settlement was reached with the restaurant bar establishment that provides financial security for the client for the devastating loss of her dominant arm.
$4.98M
Florida Auto Accident Lawyers
All-Female Trial Team Obtains $4.98 Million Verdict
Ms. Pagan was on her way to work in her Honda Accord when she was stopped in traffic. Unfortunately, the defendant driver of a Ford F-550 truck crashed into her from behind. The sudden impact resulted in a painful C5-6 disc herniation in her neck. The injury required Jennie to undergo physical therapy, pain management treatment, and ultimately necessitated cervical disc replacement surgery.
While the defendant admitted fault for rear-ending Ms. Pagan and admitted that she did, in fact, sustain “some” injuries, the Driver and his Insurance Company, Progressive, refused to accept that she was permanently injured, or that her life-changing surgery was caused by the crash.
Confidential
Florida Spinal Cord Injury Lawyer
Clark Fountain Obtains Confidential Settlement for Severely Injured Client in Federal Court Trucking Case Filed in Illinois
Firm client was on his way home for the Christmas holidays and was in the process of making a final delivery in Edwardsville, St. Louis. While he was stationed at the Proctor Gamble warehouse his tractor-trailer was struck by a “Bobtail” tractor which was speeding in the parking lot.
As a result, our client suffered severe injuries to his left foot, neck, and low back, requiring emergency medical treatment. He was subsequently treated by multiple orthopedic surgeons and a foot specialist. Ultimately, he underwent a cervical disc replacement surgery and required a microendoscopic discectomy to his lumbar spine. He also underwent a right foot second metatarsal dorsum fracture debridement.
Due to his significant and incapacitating injuries, our client was unable to continue his employment as an inter-state tractor-trailer driver. Consequently, his physical condition limited his ability for vocational employment. He subsequently began suffering from symptoms of depression which required a psychiatric evaluation and treatment.
The case was filed in the United States District Court for the Southern District of Illinois and was set to go to trial in July of 2021. The Defendants hired multiple experts to defend their case, including an accident reconstruction expert who was also a medical doctor, an orthopedic physician, and a forensic psychiatrist. However, the Federal Judge sent the case back to a third mediation, wherein Clark Fountain was able to obtain a significant confidential settlement for our client.
Confidential
Florida Vehicle Rollover Lawyer
Confidential Settlement Reached in Missouri Tire Blowout and 15 Passenger Van Rollover Case
A 15-passenger van carrying five occupants suffered a left rear tire blowout and full tread separation while traveling at highway speeds in rural Missouri. The tire failure caused the van to leave the roadway and roll over several times. During the crash, two of the occupants seated in the rear of the van suffered fatal injuries and three others were also injured. Partners Donald R. Fountain and Ben J. Whitman brought product liability defect claims against the designers and manufacturers of both the tire and van.
The tire manufacturer claimed the tire blowout was caused by a nail hole in the tire tread, but the Clark Fountain team presented evidence that the reason for the tire blowout were errors in the manufacturing process – causing the tire’s components to fail to adhere together properly.
$3.54 Million
Florida Misdiagnosis Lawyer
Clark Fountain Attorneys Win $3.54 Million in Arbitration in Medical Negligence Case
Attorneys Nancy La Vista and Michael S. Smith won a $3,079,966.33 arbitration award plus $461,994.95 in attorney’s fees for their clients for the wrongful death of a wife and mother of five.
On March 6, 2019, the patient presented to the hospital and was admitted. Despite a pending consult and severely abnormal blood work, the hospitalist discharged the patient.
Having worsened, the patient returned to the hospital. She was then erroneously diagnosed. Although transferred to an Orlando facility for treatment and the correct diagnosis made, it was too little too late. The patient died on March 20, 2019.
Nancy La Vista and Michael S. Smith represented the Personal Representatives on behalf of the surviving spouse and the four surviving children under 25. Sadly, Florida law prevents surviving children over the age of 25 from bringing a wrongful death claim as a result of medical malpractice.
At arbitration, the attorneys were able to demonstrate the devastation caused to this young family before the victim’s death.
Confidential
Florida Personal Injury
Four Year Battle Results in Multi-Party Confidential Settlement for Wrongful Death of Only Child
Attorneys Mark W. Clark, Michael S. Smith, and Jennifer A. Dinetz brought a wrongful death case against twelve corporate defendants, involving the general contractor, subcontractors and the owner/developer, on behalf of a mother and father whose only child was killed in a violent construction site accident. The case involved an epic battle in both State and Federal Court establishing liability, resolving damages between the defendants and resolving coverage disputes among the parties.
Due to the complexity of the case it was necessary to retain accident reconstruction, metallurgist, and construction safety experts to analyze the physical evidence from the scene, extensive construction documents, and deposition testimony of corporate representatives, supervisors and construction workers involved in the project.
Ultimately, after a four-year battle, a confidential global settlement was reached on behalf of the estate and surviving parents, holding the at-fault parties accountable for the tragic, violent, and preventable death of their son.
$200 Million
Florida Defective Products Lawyer
Firm Obtains $200 Million Verdict Against the Largest Boat Manufacturer
In 2014, the Batchelder family rented a 2000 Malibu Response LX open bow ski boat for a family reunion held at Lake Burton, in Rabun County Georgia. While the boat was being operated at about 5-7 mph and properly loaded at a weight hundreds of pounds below the maximum rated capacity, the bow carrying 4 children swamped, washing young Ryan into the water.
In an effort to prevent the boat from sinking, the operator, who did not see Ryan leave the boat, briefly put the boat into reverse and Ryan became entangled in the boat’s unguarded propeller. He died as a result of drowning and significant injuries causing extensive blood loss. Read More
$35 Million
Florida Brain Injury Lawyers
$35 Million Verdict After 12-Year Battle for Brain-Damaged Baby
After eight years of trial delays, Nancy La Vista successfully obtained a $35 million verdict for the family whose son was born with severe birth defects due to medical negligence while at the hospital. Now, four years later after an appeal and two declaratory actions, the claim settled. The battle continues in the legislature for the $2 million balance of the settlement to help this family.
$32 Million
Florida Defective Products Lawyer
Tractor Trailer Tire Failure
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 driver’s 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 steel belt cord, which affected the tire's adhesion properties and caused the tire to separate and blowout. After a month-long trial, the jury determined that the tire was defective and returned a $32 million verdict against the tire manufacturer.
$15.5 Million
Wrongful Death
Truck Defect Removes All Control from Trucker & Causes Fatal Crash
A single father lost his life in 2013 after his tractor-trailer blew a tire and became completely uncontrollable due to a defective truck modification. Using engineering data and research as key evidence, Partners Donald R. Fountain and Julie H. Littky-Rubin secured nearly $15 million for the truck driver’s surviving family members.
$15 M
Florida Defective Products Lawyer
$15 Million Verdict Following Tragic Family Event
During a road trip, the tire of our client blew out causing the family van to rollover and render him quadriplegic. Heartbreakingly, he had just taken his vehicle to a Ford dealership for service three weeks prior to the accident. During the trial, it became clear that not only was the dealership at fault, but so was Dunlop (the tire manufacturer) for a defective tire design.
$11.5 Million
Medical Malpractice
Nancy La Vista Obtains $11.5 Million in Negligent Spinal Surgery Case
Sam Sangounchitte was left brain-damaged after surgery to insert steel rods into his spine, which migrated into his brain. Partner Nancy La Vista provided evidence that the neurosurgeon should have not been allowed to perform the surgery as he lacked the training or experience to properly perform it. The jury awarded $11.5 million, which the Medical Center appealed. The Fourth District upheld almost the entire verdict.
$11 Million
Florida Defective Products Lawyer
Verdict Upheld Against Mitsubishi in Defective Seatbelt Wrongful Death Case
A 25-year old boy, Scott Laliberte, died after the seatbelt in a Mitsubishi Montero failed him during a rollover crash in 2004. He was a passenger in the vehicle on I-95 in Brevard County, FL. In 2008 a jury awarded the boy’s mother and father $11 million. The decision was appealed and in 2010, but the Clark Fountain legal team obtained a favorable, 2-1 ruling upholding the verdict from the Fourth District.
$11 M
Florida Defective Products Lawyer
Jury Sides with Clark Fountain Client in Continental Tire Blowout Case
A victim of a horrific tire blow out on I-95 in 2009 who spent over a month in a coma, 102 days in the hospital, underwent 17 surgical procedures and extensive medical treatment, received compensation of nearly $11 million for her catastrophic damages from a Palm Beach County jury who determined that a defect caused the tire’s failure and her injuries. The jury sided with the plaintiff, Tracey Parker, following a three-week trial against Continental Tire, one of the largest tire manufacturers in the world.
$10 Million
Florida Defective Products Lawyer
Appeals Court Affirms Over $10 Million Verdict For Client Against Continental Tire
Firm clients were triumphant against Continental Tire a second time when the Fourth District Court of Appeal affirmed the more than $10 million verdict that 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 catastrophic injuries.
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 in 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.
The six-year battle finally ended when the Fourth District Court of Appeal punctuated it with its per curium affirmance. The appeal was handled by the firm’s Board-Certified Appellate Attorney, Julie H. Littky-Rubin, who proudly convinced the appellate court to affirm the significant verdict obtained by the firm.
$6.32 Million
Medical Malpractice
Clark Fountain Wins Award Against Negligent Radiation Oncologist
The Clark Fountain team won a $6,320,000 arbitration award for clients, Belinda and Scott Burns against radiation oncologist Ronald Woody, M.D. Based on expert testimony and other evidence, the arbitrator found Dr. Woody negligent in administering an overdose of radiation to treat squamous cell cancer in situ—a precursor to skin cancer—on Ms. Burns’ hands. The overdose resulted in radiation burns and radiation fibrosis causing disfigurement, and the likelihood of future amputation of one or both of her hands.
$6.25 M
Florida Auto Accident Lawyers
Fatal Auto Accident Due to Distracted Semi Tractor Trailer Driver
A distracted semi-tractor trailer driver changed lanes directly into the path of an SUV driven by a young mother and her four children. The impact caused one of the SUV’s tires to lose its air resulting in a rollover, and the mother sustained fatal head injuries even though she was properly seat-belted. Thankfully all four children who were seat-belted or in child car seats escaped serious injury. The “black box” event recorder from the tractor-trailer showed that the vehicle proximity system built into the tractor-trailer detected and warned of the SUV traveling next to the tractor-trailer, but the driver ignored the system warnings and changed lanes anyway.
$5.5 Million
Florida Auto Accident Lawyers
Auto Accident Results in Brain Injury
A retired national politician vacationing in Florida changed lanes directly into a group of eight motorcycles riding in formation on an organized weekend ride. Three of the motorcyclists were thrown to the ground and injured. A young woman riding as a passenger on one of the motorcycles, who was wearing a helmet, sustained a serious head injury resulting in a prolonged coma. Through exhaustive rehabilitation efforts, the young woman was able to emerge from the comma and regain the majority of her intellectual functioning.
$5 M
Florida Auto Accident Lawyers
Woman Paralyzed in Crash at Toll Plaza
Our client and her son were traveling southbound on Florida’s Turnpike in South Dade County. As they exited the toll booth, their vehicle was struck by the defendant driver, who was speeding in the speed pass lane. The collision forced their vehicle to swerve and hit the shoulder of the roadway, causing the vehicle to roll multiple times, down an embankment, through a fence, and into a nearby residential neighborhood. As a result of the accident, our client spent nearly two months in the hospital and rehabilitation facilities. Now a paraplegic, our client will never be able to walk or live a normal life again. She has to depend on family members to care for her every day.
$4.1 M
Florida Auto Accident Lawyers
Woman Fractures Neck in Auto Accident
The plaintiff, a 25-year-old woman, was returning home from a birthday party, traveling on the I-95 when her vehicle was struck from behind by a driver who was speeding and intoxicated. The impact fractured her neck in two places, nearly resulting in paralysis.
$3.755 M
Florida Auto Accident Lawyers
Negligent Road Construction Leads to Death
A 35-year-old mother of two children was struck and killed by a dump truck. The accident occurred in an area that had been under construction for expansion for five months. On the morning of the accident, the decedent was unaware that the lanes under construction had been opened, pulled out of his development into the newly opened eastbound lanes, only to be struck and killed by an oncoming dump truck. A suit was brought against five defendants on behalf of the personal representative of the estate, including, the roadway contractor, Palm Beach County, the engineers who designed the roadway plans, the driver of the dump truck, and the residential development. The allegations against the defendants included the negligent maintenance of traffic, site obstructions, and failure to warn of the roadway opening.
$3.75 Million
Florida Auto Accident Lawyers
Auto Accident Causes Fatal Head Injury
The drivers of two luxury supercars were attempting to show off their vehicles at high-performance levels on a divided highway when one of the vehicles went out of control and clipped the other vehicle. Although the impact was relatively minor, it was enough to destabilize the vehicle traveling at high speed and direct it off of the roadway where it rolled over numerous times. Even though the driver was seat belted, the roof of the vehicle intruded into the occupant compartment causing a fatal head injury.
$3.5 Million
Florida Auto Accident Lawyers
Auto Accident Results in Mild Traumatic Brain Injury
Our client suffered a mild traumatic brain injury and multiple non-surgical orthopedic injuries as a result of an automobile accident. Following the accident, our client developed complex regional pain syndrome in the upper extremity, which required a series of stellate ganglion blocks. These injuries prevented the client from returning to pre-accident employment. Liability was vigorously contested by the defendants; however, the accident reconstruction and bio-mechanical engineer experts hired by the firm were able to significantly establish fault on the defendant driver.
$3.5 Million
Florida Auto Accident Lawyers
Auto Accident Results in Paraplegia
Our client was rear-ended, which caused significant property damage to the rear driver’s seat and trunk. Our client suffered a rupture of an AVM that was located in the area of her back where her seat was damaged. The injury resulted in the client becoming a paraplegic.
$3.2 M
Expert Personal Injury Lawyer for Paralysis Claims
Post-Surgical Care Results in Temporary Paralysis, Chronic Pain
After undergoing a discectomy procedure to alleviate years of neck pain, David Bernstein received negligent care by post-surgical staff that resulted in spinal swelling and temporary paralysis, and ultimately an irreversible spinal cord injury. Six days into trial with medical malpractice attorney Nancy La Vista, the hospital’s insurance carrier agreed to a settlement.
$3.175 Million
Florida Auto Accident Lawyers
Auto Accident Causes Premature Delivery of Brain-Damaged Baby
A tractor-trailer was not inspected as required, and, as a result, wood fell off the trailer, causing the following car driver to slam on his brakes. The resulting forces caused his pregnant daughter to go into premature labor. The baby’s premature birth resulted in complications of prematurity and brain damage. The case settled prior to trial.
$2.85 M
Florida Auto Accident Lawyers
College Student Dies in Auto Accident While Visting Home for the Holidays
The decedent, a college student, was heading home for a surprise visit for the holidays when his vehicle began to suffer mechanical problems. When he pulled to the shoulder of the Turnpike to repair his vehicle, he was struck from behind by the Defendant and killed.
$2.85 M
Florida Auto Accident Lawyers
Family Man Killed by Professional Athlete in Car Crash
A husband and father were killed following a car accident involving a professional athlete who lost control of his car after driving more than 100 miles-per-hour.
$2 M
Florida Auto Accident Lawyers
Mother of Five Killed When Tire Failure Causes Accident
A mother of five, Gladys Jackson, was killed when the tire on a vehicle she was riding in blew out; on the approach to the emergency lane, the vehicle was struck in the driver’s side and then the passenger side where Jackson was sitting. It was determined that the tractor-trailer driver failed to slow down or change lanes, and hit the car with such extreme force.
$1.2 M
Florida Auto Accident Lawyers
Product Liability Turndown Results in $1.2 Million Recovery
Partner Mark W. Clark and the Clark Fountain team 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 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 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 in pre-suit. Ultimately, the firm 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.
$1 Million
Florida Auto Accident Lawyers
Auto Accident Results in Spine Injury
Two days before the jury trial was scheduled to begin, Clark Fountain reached a $1 million settlement for his client following a vehicle collision.
$850,000
Florida Auto Accident Lawyers
Unavoidable Accident Causes Lifetime of Lost Income
Following an unavoidable accident, commercial truck driver, Isaac Hodges, suffered severe back and shoulder injuries that required surgery. Unable to return to work, a jury awarded him $850,000 after a four-day trial.
$825,000
Florida Auto Accident Lawyers
Corporate Bus Causes Head-On Collision
Anthony Tose was hit head-on by a Stofin Corporation bus in his lane while attempting to pass a slow-moving tractor. With significant injuries to his left leg that required several surgeries, including implantation of a rod in his femur, the heavy equipment operator could not perform his daily duties and was forced to quit his job. Stofin settled for $825,000.
$786,000
Florida Auto Accident Lawyers
Highly Contested Case Involves Previously Injured Man
Although our client was injured in a previous car accident less than a month prior, West Palm Beach personal injury attorney Mark W. Clark and our legal team showed that our client suffered additional injuries during an intersection collision.
$750,000
Florida Auto Accident Lawyers
Clark Fountain Fights for Settlement to Aid Car Accident Victim
After the defendant driver ran a red light, the client suffered injuries to his low back and neck. The client was eventually diagnosed with a herniated lumbar disc, which required surgery. Following the surgery, the client suffered from erectile dysfunction and residual leg and low back pain. Clark Fountain's attorneys settled the case for $750,000 shortly before trial.
$650,000
Florida Auto Accident Lawyers
Clark Fountain Obtains 6x Policy Limits Exceeding $650,000 in Auto Negligence Case
Days before trial, Clark Fountain's attorneys convinced an insurance company to pay more than six times the available insurance policy limits to 42-year old Thomas Siebert after a car accident that ultimately caused him to undergo lower back surgery.
$626,000
Florida Auto Accident Lawyers
19-Year-Old Girl Scouts Counselor Killed in Accident with Inexperienced Truck Driver
A 19-year-old woman who was an honor student in high school and college was traveling westbound to her job as a counselor at the Girl Scouts of Florida when she suddenly lost control of her vehicle after hitting the shoulder of the roadway. An inexperienced truck driver who clearly saw the young woman’s vehicle in his lane of travel, and had almost three football field-lengths to react, failed to apply his brakes or take any evasive action until after impact, which killed her instantly. Clark Fountain represented the young woman’s parents. They sued the truck driver and his company, as well as their insurance company, Liberty Mutual. The case settled for $626,000, of which $500,000 was received from the truck driver and his company.
$600,000
Florida Auto Accident Lawyers
Woman Awarded Settlement to Care for Fibromyalgia After Auto Accidents
Involved in two car accidents in one week, Julia Moore was left with severe muscular-skeletal injuries to her knee and back, as well as painful fibromyalgia. The insurance companies, State Farm and Allstate, offered to settle their portions for a total of $135,000; however, the attorneys continued to trial. A jury awarded Ms. Moore $600,000.
$500,000
Florida Auto Accident Lawyers
Injuries to Back and Neck Following a Rear-End Collision
Clark Fountain obtained 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.
$361,000
Florida Auto Accident Lawyers
$361,000 Jury Verdict in Automobile Accident-Low Speed, Rear-End Collision
Clark Fountain's automobile accident team 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 conditions.
$352,000
Florida Auto Accident Lawyers
Firm Wins After Rejecting $50K Pre-trial Offer
Partner Mark W. Clark won a $352,000 verdict for a client who sustained a tibial plateau fracture during an accident. Following the crash, the fracture did not require surgery; however, the 65-year-old plaintiff eventually had arthroscopic surgery for cartilage damage in her knee. The defendant’s insurance company, State Farm, only offered $50,000 to settle the case before trial. Clark won the verdict, despite physician testimony for the defense that the plaintiff’s arthroscopic surgery was not related to the accident, but resulted from pre-existing arthritis.
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Florida Auto Accident Lawyers
Firm Earns Three Times Insurance Policy Limits for Client
While on her morning exercise walk, Mrs. Doe was run over by the rear tires of a garbage truck that began to back up as she crossed the street behind it. The lawsuit testimony established that the driver of the garbage truck violated company policies and procedures by backing up in a residential neighborhood and not keeping a proper lookout for his surroundings. Mrs. Doe suffered severe injuries to her leg requiring an above the knee amputation. As a result of her injuries, she was no longer able to live on her own and had to move into an adult care living facility.<
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Wrongful Death
Overdose and Improper Monitoring Wrongful Death
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.
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Florida Defective Products Lawyer
Boat Manufacturer’s Negligence Leads to Amputation of Teen’s Leg
After being ejected from a boat due to a sharp turn, our client’s leg was severed by the propeller. Attorneys Donald R. Fountain and Nancy La Vista hired marine engineers who determined that the boat could execute 180 degree or even 360 degree turns while going as fast as 45 miles per hour. During depositions, it was revealed the boat’s manufacturer insisted its boats be able to “turn on a dime” and provide a thrill to consumers not offered by other boats. The trial judge agreed that the boat manufacturer was careless enough to require punitive damages, and the defendant agreed to a confidential settlement.
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Florida Defective Products Lawyer
Attorneys Successfully Handle South Carolina Tire Case
When a 32-year-old driver’s tire blew out in South Carolina, his vehicle suffered a rollover, resulting in catastrophic orthopedic injuries. Due to our firm’s extensive prior experience with the tire manufacturer involved, our team reached a confidential settlement with the manufacturer shortly after the lawsuit was filed.
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Florida Defective Products Lawyer
Manufacturing Defect Causes Woman’s Death in Rear-End Collision
A passenger in a rear-end collision sustained a fatal fracture of her upper neck after the metal support rod in her headrest fractured during the accident, causing the woman’s head to be unsupported at the time of the accident. Attorney Donald R. Fountain demonstrated that indentations in the metal support placed by the manufacturer to aid in the height adjustment of the headrest weakened the metal, and created a hinge point that led to the fracture, and reached a confidential settlement prior to trial.
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Florida Defective Products Lawyer
Electrician Crushed to Death While Operating Scissor Lift
After a young electrician was killed while operating a scissor lift, West Palm Beach personal injury attorney Mark W. Clark and the automotive team pursued a products liability suit against nine corporate defendants responsible for the lift’s electrical and mechanical systems. Experts were brought in from around the United States, and ultimately the defendants agreed to pay a settlement.
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Florida Defective Products Lawyer
Firm Settled Complex Airbag Failure Case
When our client lost control of her vehicle and crashed due to a rainstorm, her airbag failed to deploy, and she tragically lost her eye. Despite the defendant’s arguments that the crash was not significant enough to trigger the airbag and the plaintiff failed to service the vehicle, the Clark Fountain team resolved the case favorably for our client.
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Florida Defective Products Lawyer
Firm Wins Settlement in Road Design Defect Case
Our client was rendered paraplegic when a driver from the opposite direction crashed into his car at an intersection. Barriers that had been set up for a construction project impaired both drivers’ vision. Attorneys Donald R. Fountain and Julie H. Littky-Rubin demonstrated the violation of sightline regulations by the architect and engineering firms, as well as the general contractor, and successfully obtained a confidential settlement.
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Florida Defective Products Lawyer
Multi-Year Battle with Defective Tire Manufacturer
Our client became catastrophically injured when one of the front tires of his vehicle suffered a tread and belt separation, causing the vehicle to lose control and crash. These debilitating injuries rendered the client totally disabled and unable to work. Numerous surgeries and several years later, Mark W. Clark successfully convinced the tire manufacturer to settle, citing defects with the tire’s design and manufacture.
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Florida Defective Products Lawyer
Paraplegic Client’s Future Secured Following Catastrophic Tire Failure
Donald R. Fountain and Clark Fountain attorneys resolved a tire failure case, which involved an alleged negligent inspection by a retail automotive shop. The failure rendered our client paraplegic. After documenting through litigation that the client’s vehicle was, in fact, at the repair establishment, and that the facility should have removed the subject tire, our lawyers successfully settled the case.
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Florida Defective Products Lawyer
Firm Obtained Settlements for Out-of-State Defective Tire Case
During a cross-country road trip, a tire on the accident vehicle suffered a tread and belt separation, killing two of the vehicle’s occupants. Even though the accident occurred outside of Florida, the surviving family member sought our specialized experience handling tire defects. After protracted discovery with the manufacturer, West Palm Beach personal injury attorney Mark W. Clark obtained confidential settlements for the families.
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Florida Defective Products Lawyer
Firm Proves Tire Repair Store Negligence
A tire repair store failed to follow the long-standing, industry-recommended tire repair procedures when fixing a nail puncture in our client’s tire. The repair failure led to a tire blowout and rollover of our client’s SUV in the desert outside Las Vegas. Our client, though properly seat belted, was killed in the crash. Attorney Donald R. Fountain and the Clark Fountain team obtained a confidential settlement.
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Florida Defective Products Lawyer
Firm Upholds National Reputation with Complex Product Liability Case
A young electrician was crushed to death while operating a motorized aerial work platform, known as a scissor lift. Mark W. Clark and the Clark Fountain team pursued a products liability suit against nine corporate defendants responsible for the electrical and mechanical systems on the scissor lift over three years, conducting discovery throughout the United States and Canada. Facing potential punitive damages exposure, the defendants ultimately agreed to pay a confidential settlement.
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Florida Vehicle Rollover Lawyer
Tragic Death Caused By Defective Seatbelt
The 31-year old wife of a local minister thought she was safe when she put on her seatbelt in her SUV for a drive to Miami on I-95. When she attempted to avoid another vehicle on the highway, her SUV careened out of control and rolled over. The driver’s seat belt failed to lock, and as a result, she was partially ejected from the vehicle during the rollover. She died from head injuries. The case was handled by Partner Donald R. Fountain and the Clark Fountain team, who were able to obtain a substantial confidential settlement with the vehicle’s manufacturer.
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Florida Defective Products Lawyer
Tire Defect Found in Truck Set for Destruction
An attorney from another firm told the plaintiff he could not receive a recovery for several orthopedic injuries due to a car accident because the driver and owner of the vehicle had no insurance coverage. Our legal team and the firm’s investigator located the plaintiff’s truck and its failed tire at a salvage yard just before it was scheduled for destruction. Experts hired by the firm determined that the vehicle lost control after the tire’s tread separated and that the tire failed as a result of a manufacturing defect. The firm successfully resolved the case within 12 months after locating the vehicle and tire.
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Florida Auto Accident Lawyers
Vehicle Rollover Results in Catastrophic Injuries
When a California law firm needed help on a case involving a defective tire and vehicle rollover resulting in catastrophic injuries to occupants in the vehicle, they reached out to Clark Fountain to co-counsel the case. Having previously handled multiple cases against the manufacturers of the tire and vehicle, our team achieved a successful resolution of the case prior to trial.
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Wrongful Death
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.
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Wrongful Death
Convertible Defect Takes Honor Student’s Life
An 18-year old student's life was tragically cut short when he was killed in a low-speed collision while heading to his high school senior awards ceremony. The Clark Fountain legal team were the first in the country to provide evidence that the convertible’s top design was not crashworthy. As a result, the case was successfully resolved prior to trial.
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Medical Devices
Patient Left Paralyzed Below the Waist
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.
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Florida Auto Accident Lawyers
Client Hit By Felon Operating Stolen Vehicle
Ben J. Whitman and Mark W. Clark 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 the 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.
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Wrongful Death
Pastor’s Wife Dies Due to Tire and Seat belt Failures
Tire tread separation caused a Pastor’s wife and mother of his three children to lose control of her SUV, resulting in her vehicle overturning on a busy interstate. The seat belt failed to restrain her and she died as a result of the accident. Mark W. Clark and the Clark Fountain team settled against the vehicle and tire manufacturers after a hotly contested litigation.
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Florida Auto Accident Lawyers
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. The Clark Fountain team made a dull insurance policy limits settlement for the surviving family.
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Medical Malpractice
Partial Settlement Reached for Breast Cancer Patient Against Negligent Provider
When our client thought she felt a lump in her breast, she did what all women should do. She immediately sought medical evaluation and diagnosis from her doctor. Through a series of errors caused by health care providers, there was a delay in her diagnosis, which drastically changed her medical outcome. A partial settlement was reached with one health care provider, and Clark Fountain continues to seek justice through the court to hold the other responsible parties accountable.
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Wrongful Death
Firm Wins Settlement in Missouri Wrongful Death against Commercial Defendants
An eighteen-year-old expectant mother in Missouri was killed after the driver of a flatbed she was a passenger in lost control, causing the vehicle to overturn. Her unborn child also did not survive. Mark W. Clark and a Clark Fountain attorney represented the family in the litigation against the commercial defendants who owned the flatbed vehicle and employed the driver, as well as the manufacturer of the vehicle. Clark and the team conducted discovery in both Missouri and Iowa. As the trial date approached, the matter was settled for a confidential amount.
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Wrongful Death
West Virginia Church Group Involved in Devastating Accident
Product liability attorney Don Fountain settled a case that was referred to the firm after languishing for years. We represented a church group where eight passengers were injured or killed during an accident while in a multi-passenger van they had rented. Little did the clients know that the National Highway Traffic Safety Administration had issued multiple consumer advisories on that vehicle regarding its inability to be controlled. The Clark Fountain team resolved the case quickly for a confidential settlement.
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Wrongful Death
Tragic Death Caused By Defective Seat-belt
The 31-year old wife of a local minister thought she was safe when she put on her seatbelt in her SUV for a drive to Miami on I-95. When she attempted to avoid another vehicle on the highway, her SUV careened out of control and rolled over. The driver’s seat belt failed to lock, and as a result, she was partially ejected from the vehicle during the rollover. She died from head injuries. The case was handled by Partner Donald R. Fountain and the Clark Fountain team, who were able to obtain a substantial confidential settlement with the vehicle’s manufacturer.
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Wrongful Death
Family Loses Three Children After Tire Failure Sends Car Into Canal
Tragically a family lost three children after a catastrophic tire failure caused an accident that catapulted the car into a deep canal and caused the children to drown. Litigation ensued against the tire dealer that sold the tire and the tire manufacturer. Thanks to the Clark Fountain team’s negotiation skills, the tire manufacturer settled with the family prior to trial, and the tire dealer settled five hours into jury deliberations.
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Florida Defective Products Lawyer
Defective Fuel System Claims Lives of Two College Students
Two college students were killed after a car they were traveling in was struck in the rear by another vehicle. Upon impact, the students’ car burst into flames and both died from thermal injuries. Referred by another attorney, Mark Clark and a Clark Fountain attorney reached confidential settlements following years of litigation and extensive discovery.
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Wrongful Death
Proper Care Ensured for Child Injured in SUV Rollover Crash
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 partner 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.
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Florida Auto Accident Lawyers
Auto Accident Results in Below-the-Knee Leg Amputation
Mark W. Clark and Christa L. McCann made a substantial recovery on behalf of a motorcyclist who suffered a below-the-knee leg amputation in a highly contested motorcycle versus automobile intersection collision.
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Florida Auto Accident Lawyers
California Auto Accident Results in Wrongful Death
Don Fountain and the Clark Fountain team resolved a challenging vehicle defect case in California against a major automobile manufacturer. Four teenagers were tragically killed, and a fifth was ejected, when the vehicle they were traveling in lost control and rolled over multiple times.
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Florida Auto Accident Lawyers
T-Bone Auto Accident
Attorney Ben Whitman and the Clark Fountain team recently represented a driver who was t-boned by a careless driver and suffered multiple herniated discs. With our assistance, the client was able to obtain the maximum recovery without the time and burden of trial.
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Florida Auto Accident Lawyers
Tow Truck Accident Kills Three Small Children
Three children, ages five, four, and nine months, were tragically killed when a tow-truck driver rear-ended their mother’s car. The mother survived. Attorney Mark Clark proved that even though the children were not wearing seatbelts, the speeding driver had sufficient time to avoid the collision. The case was settled confidentially.
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Florida Auto Accident Lawyers
Tire Failure Turns Church Youth Road Trip into Tragedy
A road trip for a group of teenagers traveling to a church camp retreat in the remote Utah mountains turned deadly when the SUV they were riding in suffered a tire separation and blowout. The tire failure caused the vehicle to rollover, resulting in several severe injuries and death. Donald R. Fountain, Jr. and the Clark Fountain team were able to obtain confidential settlements for our client.
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Florida Auto Accident Lawyers
Firm Wins Settlement in Missouri Wrongful Death against Commercial Defendants
An eighteen-year-old expectant mother in Missouri was killed after the driver of a flatbed she was a passenger in lost control, causing the vehicle to overturn. Her unborn child also did not survive. Mark W. Clark and a Clark Fountain attorney represented the family in the litigation against the commercial defendants who owned the flatbed vehicle and employed the driver, as well as the manufacturer of the vehicle. Clark and the team conducted discovery in both Missouri and Iowa. As the trial date approached, the matter was settled for a confidential amount.
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Florida Auto Accident Lawyers
Two Teenagers Killed in Tragic Rollover Accident
Our client’s SUV left a desert highway in the Western U.S. and rolled several times, leaving two teenagers dead and several seriously injured. The vehicle’s restraint systems and roof structure failed to protect the occupants, who were on their way to summer camp. Donald R. Fountain, Jr. and a Clark Fountain attorney obtained confidential settlements for the victims.
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Florida Auto Accident Lawyers
Attorneys Solve Runaway Truck Mystery That Almost Cost Client Her Leg
As you can imagine, Clark Fountain's attorneys were initially skeptical when his client said that she was run over by her own truck even though no one was behind the wheel, and the gear shift was in park. Still, the initial investigation showed that the truck actually did move while in park. Working with the firm’s design and electrical experts through multiple forensic inspections, the firm discovered that the likely cause was an improper adjustment that occurred during maintenance service and settled with the manufacturer.
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Florida Defective Products Lawyer
Family Loses Three Children After Tire Failure Sends Car Into Canal
Tragically a family lost three children after a catastrophic tire failure caused an accident that catapulted the car into a deep canal and caused the children to drown. litigation ensued against the tire dealer that sold the tire and the tire manufacturer. Thanks to the Clark Fountain team’s negotiation skills, the tire manufacturer settled with the family prior to trial, and the tire dealer settled five hours into jury deliberations.
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Florida Defective Products Lawyer
Defective Fuel System Claims Lives of Two College Students
Two college students were killed after a car they were traveling in was struck in the rear by another vehicle. Upon impact, the students’ car burst into flames and both died from thermal injuries. Referred by another attorney, Mark Clark and a Clark Fountain attorney reached confidential settlements following years of litigation and extensive discovery.
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Florida Defective Products Lawyer
Firm Settles Severe Brain Damage Case Referred by California Attorney
After a Los Angeles, California attorney had been litigating for years on behalf of a severely brain-damaged client, he reached out to the Clark Fountain team. Our attorneys were able to swiftly and successfully settle with the trucking company before a new trial began.
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Florida Defective Products Lawyer
Child Rendered Paraplegic in Product Defect Case
During a frontal car collision, cargo from the rear hit the vehicle’s seatback, which caused it to break from its mounts and collapse forward on to three young children who were properly seat belted. Two were seriously injured and one rendered quadriplegic. Don Fountain and the Clark Fountain team were asked to determine whether any potential defect contributed to the tragic accident. While there is no federal standard requiring seat back strength in the United States, a confidential settlement was reached with the manufacturer thanks to the firm’s development of an easily overlooked design defect theory.
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Florida Defective Products Lawyer
Tow Truck Rolls Over Operator
After nearly a year with another attorney, our lawyers took over handling his case, where the client lost his leg and suffered other injuries after a tow truck rolled over him despite the gear shift indicating it was in park. Utilizing expert engineers from around the country, the plaintiff claimed that a defect in the truck’s shift system and transmission park gear was at fault. After two days in trial, a confidential settlement was reached.
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Florida Defective Products Lawyer
Pastor’s Wife Dies Due to Tire and Seatbelt Failures
Tire tread separation caused a Pastor’s wife and mother of his three children to lose control of her SUV, resulting in her vehicle overturning on a busy interstate. The seat belt failed to restrain her and she died as a result of the accident. Mark W. Clark and the Clark Fountain team settled against the vehicle and tire manufacturers after a hotly contested litigation.
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Florida Defective Products Lawyer
Mother of Three Killed by Tire Failure
A woman from New Mexico was killed in a car accident due to a tire failure; however, Don Fountain and the Clark Fountain team discovered that not only was our client not at fault, the dealer who sold the used vehicle had substituted the good spare tire with the defective one.
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Florida Brain Injury Lawyers
Rollover Ends Young Basketball Player’s Career
A high school senior was a rising basketball star with the NBA in his future until a tire failure caused his vehicle to lose control and roll over, officially ending the clients’ hoop dreams. He sustained a severe brain injury, impaired mobility and vision, and lost potential income as a professional basketball player.
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Florida Brain Injury Lawyers
SUV Roof Collapse Severely Injures International Soccer Player
A soccer star suffered severe brain injury when the roof of his SUV collapsed during a rollover. The Clark Fountain team identified a pattern of similar incidents across the country, involving the same type of vehicle and injuries. A confidential settlement that provided for the client’s future needs was reached prior to trial.
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Florida Defective Products Lawyer
Convertible Defect Takes Honor Student’s Life
An 18-year old student's life was tragically cut short when he was killed in a low-speed collision while heading to his high school senior awards ceremony. The Clark Fountain legal team were the first in the country to provide evidence that the convertible’s top design was not crashworthy. As a result, the case was successfully resolved prior to trial.
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Florida Defective Products Lawyer
Faulty Airbag Kills Woman on Military Base, Settlement with U.S.A.
After being cleared to enter a military base, our client drove slowly overly a security barrier, which inadvertently activated and rose up under her car, causing her driver’s side airbags to deploy. Even though she was only going 10 miles per hour, she was instantly killed. Our lawyers settled the case with The United States of America and the airbag manufacturer.
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Florida Defective Products Lawyer
Proper Care Ensured for Child Injured in SUV Rollover Crash
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 partner 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.
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Florida Defective Products Lawyer
Daughter Killed in Rollover Accident after Tire Failure
When their teenage daughter was tragically killed in an SUV rollover after a tire failure, the Doe family turned to the Clark Fountain legal team for help. Despite contentions that the driver mishandled the vehicle and was not wearing her seatbelt, we proved the decedent was seat belted during the accident and that the vehicle had a pattern of handling and stability issues, especially after a tire failure. The case was resolved confidentially prior to trial.
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Florida Defective Products Lawyer
Failed Airbag Causes Woman to Lose Eye During Frontal Collision
Our client’s airbag failed to deploy during a frontal collision and, as a result, she lost her eye. After experts from across the country were hired to prove the firm’s defect contentions, the case resolved for a confidential amount.
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Florida Defective Products Lawyer
Vehicle Involved in Frontal Crash Poorly Designed
When her passenger car was involved in a foreseeable frontal accident, the plaintiff never envisioned the extensive injuries she would suffer, because she was seat belted at the time of the accident. After extensive discovery and expert analysis, the Clark Fountain team contended that the vehicle had been poorly designed for an offset frontal impact and that the manufacturer failed to properly test the vehicle’s crashworthiness during foreseeable accidents. The firm successfully resolved the case for a confidential amount.
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Florida Defective Products Lawyer
Poor Roof Design Contributed to Women’s Death After Being Struck by Drunk Driver
During a rollover caused by a drunk driver’s crashing into our client’s vehicle, our client passed away after the roof of her passenger car collapsed. The Clark Fountain team successfully resolved the case with the vehicle manufacturer after contending the vehicle’s roof design was inadequate and caused the client’s death.
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Wrongful Death
Bad Faith Insurance Claim
Mark W. Clark 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 was 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.
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Florida Auto Accident Lawyers
Case Against General Motors
The lawsuit involved the death of a woman who was a passenger in a car involved in a rollover accident that resulted in the roof being crushed. General Motors focused on shifting liability toward the tortfeasor that had initially caused the accident due to the Florida Legislature’s retraction of the D’Amario case several years earlier.
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Wrongful Death
Wrongful Death Case Arising From Rear Tire Tread Belt Separation
Mark W. 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 was 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.
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Medical Malpractice
Clark Fountain Obtains Significant Confidential Settlement For Medical Malpractice Suit
Nancy La Vista and attorneys collaborated to reach a confidential settlement for the over-radiation of a patient who was being treated for cancer. Clark Fountain attorneys successfully settled with the hospital and the doctor after the doctor allegedly misdiagnosed our client’s condition, resulting in a catastrophic injury.
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Medical Malpractice
Mother Requires Kidney Transplant after Alleged Medical Malpractice
The birth of a baby is usually one of the most blissful times in a woman’s life. However, the happy occasion turned tragic when our client – who just delivered a healthy baby girl – went into renal failure due to alleged medical malpractice just after being discharged from the hospital. Fortunately, doctors were able to perform a transplant using a kidney provided by her father. Nancy La Vista, a skilled and experienced medical malpractice attorney as well as a critical care nurse, successfully settled the case for a confidential amount.
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Florida Defective Products Lawyer
Negligent Construction of Fishing Pier Results in Young Woman Being Rendered Quadriplegic
Our client 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 our investigation of the incident, our team determined that the “terminal” (endpoint) 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.
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Medical Malpractice
13-Year-Old Girl Left Brain-Damaged and Suffers Amputation
Our clients took their daughter, who was diagnosed with bronchitis, to the emergency room when she spiked a 105 fever. In the emergency room, she was diagnosed with pneumonia. Concerned with sepsis, an echocardiogram was ordered. Three days after it was performed – and while the child’s condition was worsening – it was read as normal. In reality, the echocardiogram showed vegetation in the right ventricle of the heart – a diagnosis that requires immediate medical treatment. Because of her worsening condition, the parents arranged for their daughter to be transported to a tertiary center children’s hospital for critical care, where it was discovered the original echocardiogram was misread and that the left and right ventricles now had vegetation.
Despite emergency treatment, the child suffered clots throughout her body resulting in a massive stroke and amputation of her left leg. After three years of investigation and litigation, which included more than 100 doctors and 20 expert witnesses, Partner Nancy La Vista, Attorney Michael S. Smith and the medical malpractice team at Clark Fountain resolved the case for a confidential amount. The settlement will provide financial security for the young girl and her family and allow her to continue to receive proper medical care for the rest of her life.
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Construction Equipment
Tractor Runs Over Man Due to “False Neutral” Defect
During routine roadside mowing maintenance near Lake Okeechobee, our client brought his loaner diesel tractor that was pulling a large three-blade commercial mower deck to a stop, placed the transmission in neutral and exited the tractor to move metal debris out of his path. As he was moving the debris, the tractor unexpectedly jumped into forward gear and accelerated toward him. Our client attempted to pull himself back onto the tractor to reach the controls to stop it, but was trapped under the rear tire and struck by the blades, resulting in an amputation to his right leg at the hip joint. He also sustained significant traumatic lacerations to his left leg, and subsequent MRSA, concussion, and loss of hearing in his left ear.
An investigation by the Clark Fountain team revealed the transmission had been adjusted in such a manner that it had a “false neutral” defect, which could have been discovered and corrected had the shift linkage been properly inspected and adjusted prior to use. The condition permitted normal engine vibration to jump the transmission from neutral to forward without any movement of the shift lever. Partner Donald R. Fountain and Attorney Ben J. Whitman filed suit against the farm tractor supplier for negligent inspection and maintenance. The confidential settlement will help our client with his current and future medical costs, as well as compensate him and his family for the loss of his working ability as a lawn maintenance provider.
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Florida Defective Products Lawyer
15 Year-Old-Boy Dies Due to Defective Seatback
A father, mother and their 15 and 19-year-old sons were all properly seat belted and stopped at a red light when their vehicle was struck from behind by an impaired driver. The impact of the crash caused the driver’s seat to collapse rearward, striking the 15-year-old boy and causing fatal head injuries.
The boy’s father, mother, and older brother sustained minor injuries. The case was referred to Clark Fountain after being turned down by three other law firms. Partners Donald R. Fountain, Mark W. Clark, and Attorney Ben J. Whitman hired a team of experts and brought suit against the vehicle manufacturer and the designer of the seats when they discovered a series of seatback design defects that lead to the young man’s death. Namely, the driver’s seatback was too flexible, which caused it to recline dynamically rearward upon impact. In addition, the trailing edge of the driver’s seatback and the metal structural components in the upper seatback were not properly constructed or padded to prevent serious injury to rear seat occupants.
When the driver’s seatback abruptly reclined into the rear occupant compartment, the pocketed design of the internal horizontal, steel braces in the upper part of the seatback captured and held the young man’s face and head, causing his fatal injuries. The parties were able to reach a confidential settlement that included the return of the vehicle and seat to the manufacturer defendants. Although the settlement allows some degree of closure for our clients, our hope is that the manufacturer will modify the existing design to prevent this type of tragedy from occurring again.
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Florida Tire Defect Lawyers
Severe injures as the Result of an Accident Where a Large Commercial Truck’s Tire Blowout
Parner Don Fountain 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.
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Florida Truck Accident Lawyer
Improperly Parked Tractor Trailer Leads to Fiery Collision, Catastrophic Injuries
Mark W. Clark and Ben J. 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. 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 conference.
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Florida Auto Accident Lawyers
Negligent Inspection Leads to Tire Blowout, Death of a 16-Year-Old Boy
A 16-year-old boy was a passenger in his friend’s vehicle on I95 in Miami-Dade County when the left rear tire on the vehicle failed. The driver, passenger, and other occupants exited the vehicle to attempt to push it out of the travel lanes when they were struck from behind by a passing vehicle. Both the driver and passenger were killed.
The family of the deceased 16-year-old passenger hired Clark, Fountain, Littky-Rubin & Whitman to determine what caused the incident and their son’s death. Attorney Ben J. Whitman was able to identify a used tire store/service facility that had performed an inspection on the vehicle and tires and also sold the two tires on the front axle of the vehicle to the driver.
Even though the failed tire was not sold by the facility, Whitman filed a lawsuit and sent a demand to the facility’s insurance company arguing that the tire store/service facility had an obligation to inspect every tire on the vehicle and warn the owner that the rear tires were unsafe. Despite previously denying the claim, the insurance company agreed to pay the full insurance policy, which will provide financial security to the surviving parents.
Confidential
Florida Personal Injury
Semi Tractor Trailer Accident Causes Catastrophic Injuries, Quadriplegia
Mark W. Clark and the Clark Fountain team 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 established 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.
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Florida Auto Accident Lawyers
Poor Roof Design Contributed to Women’s Death After Being Struck by Drunk Driver
During a rollover caused by a drunk driver’s crashing into our client’s vehicle, our client’s mother tragically died after the roof of her passenger car collapsed. Clark Fountain product liability attorneys successfully resolved the case with the vehicle manufacturer after contending the vehicle’s roof design was inadequate and caused the client’s death.
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Wrongful Death
Failure to Diagnose-Wrongful Death
Improper medical care can have devastating consequences. Attorney Nancy La Vista recently reached a confidential settlement for a client in a wrongful death case for failure to diagnose and timely render treatment after medical providers failed to drain an abscess.
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Florida Auto Accident Lawyers
Seat-Belted Passenger Sustains Fatal Injuries
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. After a thorough investigation, the firm reached a confidential settlement with the major auto manufacturer for the wrongful death of our client.
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Florida Auto Accident Lawyers
Deadly Motorcycle Accident
When our law firm was 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, the Clark Fountain team 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, the firm convinced the insurance carrier for the landscaping company of its insured’s liability, and the insurance carrier tendered the multi-million dollar policy limits.
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Surgical Errors Lawyer
Unnecessary Surgery Results in Loss of Hand Function
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 performed 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.
Confidential
Florida Defective Products Lawyer
Defective Vehicle Headrests Kills Husband of 50 Years
Our client and her husband of nearly 50 years were traveling on the Florida Turnpike in their new full-sized four-door pickup truck. As traffic began to slow, our client's vehicle was struck from behind. Our client and her husband were both wearing seatbelts. Our client suffered only minor injuries, but her husband died on scene from a fatal spinal fracture.
Partner Donald Fountain and Attorney Ben Whitman hired a team of experts to inspect the vehicle. The investigation revealed the impact of the collision caused the driver’s headrest to fracture and break, forcing the driver’s head and neck to hyperextend, which resulted in a fatal fracture and aortic dissection. Fountain and Whitman brought the case against the vehicle manufacturer on six counts for design defects, manufacturing defects, and defective warnings and instructions, as well as the insurance company of the driver and owner of the commercial vehicle that caused the accident for their negligence. A confidential settlement was reached that will provide financial security for our client and her family.