West Palm Beach Personal Injury Attorney

Clark, Fountain, La Vista, Prather & Littky-Rubin

Our Record Of Success

Filter By:
  • All
  • Automobile Accident
  • Product Liability
  • Medical Malpractice
  • Wrongful Death
  • Trucking Accident
108 results found. Viewing page 0 of ∞.

$35 Million Verdict

Medical Malpractice

12-Year Battle for Brain-Damaged Baby

After eight years of trial delays, Partners Nancy La Vista and David C. Prather 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.
Expand to read more

$32 Million Verdict

Product Liability

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.

Expand to read more

$15.5 Million Verdict

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.

Expand to read more

$15 Million Verdict

Product Liability

$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.

Expand to read more

$11.5 Million Verdict

Medical Malpractice

Negligent Spinal Surgery Case

Sam Sangounchitte was left brain-damaged after surgery to insert steel rods into his spine, which migrated into his brain. Partners Nancy La Vista and David C. Prather 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.

Expand to read more

$11 Million Verdict

Product Liability

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.

Expand to read more

$11 Million Verdict

Product Liability

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.

Expand to read more

$10 Million Verdict

Product Liability

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.

Expand to read more

$6.32 Million Arbitration Award

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.

Expand to read more

$6.25 Million Settlement

Automobile Accident

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.

Expand to read more

$5.5 Million Settlement

Automobile Accident

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.

Expand to read more

$5 Million Settlement

Automobile Accident

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.

Expand to read more

$4.1 Million Verdict

Automobile Accident

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.

Expand to read more

$3.755 Million Settlement

Automobile Accident

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.

Expand to read more

$3.75 Million Settlement

Automobile Accident

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.

Expand to read more

$3.5 Million Settlement

Automobile Accident

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.

Expand to read more

$3.5 Million Settlement

Automobile Accident

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.

Expand to read more

$3.2 Million Verdict

Medical Malpractice

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.

Expand to read more

$3.175 Million Settlement

Automobile Accident

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.

Expand to read more

$2.85 Million Settlement

Automobile Accident

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.
Expand to read more

$2.85 Million Settlement

Automobile Accident

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.
Expand to read more

$2 Million Settlement

Automobile Accident

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.
Expand to read more

$1.2 Million Recovery

Product Liability

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.

Expand to read more

$1 Million Settlement

Automobile Accident

Auto Accident Results in Spine Injury

Two days before the jury trial was scheduled to begin, West Palm Beach personal injury attorney David Prather reached a $1 million settlement for his client following a vehicle collision.

Expand to read more

$850,000 Verdict

Automobile Accident

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.
Expand to read more

$825,000 Settlement

Automobile Accident

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.

Expand to read more

$786,000 Verdict

Automobile Accident

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.

Expand to read more

$750,000 Settlement

Automobile Accident

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. David C. Prather and Mark W. Clark settled the case for $750,000 shortly before trial.
Expand to read more

$650,000 Settlement

Automobile Accident

Client Receives Remarkable $650,000 in Auto Negligence Case

Days before trial, West Palm Beach personal injury attorney David Prather 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.

Expand to read more

$626,000 Settlement

Automobile Accident

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. Partner David C. Prather 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.

Expand to read more

$600,000 Verdict

Automobile Accident

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.
Expand to read more

$500,000 Settlement

Automobile Accident

Injuries to Back and Neck Following a Rear-End Collision

Partner David C. Prather 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.

Expand to read more

$361,000 Settlement

Automobile Accident

Automobile Accident-Low Speed, Rear-End Collision

David Prather and the firm’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.

Expand to read more

$352,000 Verdict

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.
Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.
Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Medical Malpractice

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

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.
Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

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.
Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Wrongful Death

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.
Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.
Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

Attorneys Solve Runaway Truck Mystery That Almost Cost Client Her Leg

As you can imagine, Attorney David C. Prather was 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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.
Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.
Expand to read more

Confidential Settlement:

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

Faulty Air Bag 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.
Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Medical Malpractice

Firm Settles Medical Malpractice Suit

Nancy La Vista and David C. Prather collaborated to reach a confidential settlement for the over-radiation of a patient who was being treated for cancer. La Vista and Prather settled with the hospital and the doctor after the doctor allegedly misdiagnosed our client’s condition, resulting in a catastrophic injury.
Expand to read more

Confidential Settlement

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.
Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Trucking Accident

Commercial Trucking Accident Results in Total Knee Replacement

While driving on I-75 in Nokomis, Florida, our client was struck by a commercial truck and sustained severe injuries that required multiple surgeries to her shoulder and knee, including a total knee replacement. The truck lost control after a tire blowout and struck the right side of our client’s vehicle, dragging it to the shoulder of the interstate and causing it to crash head-on into a guardrail.

Partner David C. Prather filed suit alleging the well-known national trucking company was negligent in the maintenance of the company vehicle, stating the tire blowout was a result of improper inspection and maintenance, which ultimately led to the defective condition of the tire at the time of the accident. Prather successfully resolved the case before trial for a significant amount. The settlement will compensate our client’s medical expenses, as well as any treatment she will need in the future. It will also compensate her for the mental anguish she suffered as a result of the accident.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Confidential Settlement

Product Liability

Severe injures as the Result of an Accident Where a Large Commercial Truck’s Tire Blowout

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.

Expand to read more

Confidential Settlement

Trucking Accident

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.

Expand to read more

Confidential Settlement

Automobile Accident

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, La Vista, Prather & Littky-Rubin 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.

Expand to read more

Confidential Recovery

Trucking Accident

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.

Expand to read more

Confidential Settlement

Wrongful Death

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.

Expand to read more

Confidential Settlement

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.

Expand to read more

Confidential Settlement

Wrongful Death

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.

Expand to read more

Confidential Settlement

Automobile Accident

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.

Expand to read more

Confidential Settlement

Medical Malpractice

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.

Expand to read more

Confidential Settlement

Product Liability

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.

Expand to read more

Get the Representation You Need

  • Please enter your name.
  • This isn't a valid phone number.
  • This isn't a valid email address.
  • Please enter a message.