Firm partners Ben Whitman and Don Fountain have successfully obtained significant confidential settlements against multiple defendants in two separate, unrelated electrocution cases. The cases involved the decedent's making contact with uninsulated overhead high-voltage power lines.

Tree-Trimming Incident Leads to Electrocution

In the first case, the 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. 

Client Electrocuted During Construction of New Housing Development

The second fatality 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.

Clark, Fountain, La Vista, Prather, Littky-Rubin & Whitman offers an in-depth case analysis for injury and wrongful death cases involving electrical shock, electrical burns, and electrocution.

Chrysler 300

Dodge Magnum

Dodge Charger

The Issue: Owners of 05-10 Dodge Challenger, Charger and Chrysler 300 Sedans Urged to Park Vehicles After More Than 30 Deaths were Linked to Exploding Airbags. According to the auto manufacturer, the Takata airbag inflators can explode unleashing metal shrapnel.

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.

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.