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.