Ben J. Whitman Obtains $2M Settlement for Lawn Maintenance Employee
Firm client was using a riding lawn mower to mow the grass on the shoulder of a Palm Beach County roadway. The riding mower, provided by his employer, became unstable and ejected the client causing his right leg to be amputated above the knee by the mower’s spinning blades.

Initially, the employer and its related companies denied all liability and claimed the only remedy for the client was through Workers’ Compensation.

Partner Ben J. Whitman conducted an investigation which revealed that the lawnmower was owned and maintained by a different entity than the client’s employer.

The lawnmower was equipped with a kill switch, a safety device built into the operator’s seat. The purpose of the kill switch is simple yet critical - to 1) stop the mower from operating and 2) stop the blades from turning when the operator's weight is removed from the seat.

The investigation further revealed that the owner of the mower had purposefully disabled the kill switch so his workers would complete their tasks faster. By disabling the kill switch, the owner prevented the blades from stopping when the client was ejected resulting in his devastating injuries.

A few months after retaining Clark Fountain, Ben J. Whitman successfully obtained the full policy limits of $2,000,000 from the lawnmower owner and his insurance company for their blatant negligence.

Collapsed Defective Ladder Claim Results In Confidential Settlement
Firm Client was standing on a brand new six foot ladder to trim a tree in his driveway when suddenly the ladder collapsed from under him causing a devastating ankle injury.
Our Client was using the ladder properly on a level surface and was well-within the specified weight range for the ladder. 

Attorney Shana Nogues consulted with experts and found that the ladder collapsed below the bottom rung when the ladder was at less than three-quarters of its rated weight capacity as a result of insufficient diagonal support members and a design defect due to use of rivet holes below the first rung compromising the structural integrity of the ladder. 

Attorney Shana Nogues was able to reach a confidential settlement with the manufacturer of the ladder for the severe and painful injuries suffered by our client. 

David C. Prather Nominated to ChildNet's Board of Directors
Clark, Fountain, La Vista, Prather & Littky-Rubin is proud to announce that partner David C. Prather has been nominated ChildNet's Board of Directors. 

ChildNet has been chosen by the Florida Department of Children & Families to serve as the Community Based Care (CBC) lead agency in both Broward and Palm Beach Counties. As such, it is the single private non-profit entity responsible for managing the local system of services and support for the community's most vulnerable children.

Mr. Prather joined the organization to contribute his time and knowledge to promote safety, permanence, and stability to all children. Mr. Prather believes that through awareness and consistency, together, we can give each foster child a fair opportunity to thrive and transition into adulthood successfully. Read more
Jennifer A. Dinetz Elected to the Palm Beach County Justice Association Executive Board

Clark, Fountain, La Vista, Prather & Littky-Rubin is pleased to announce that Jennifer A. Dinetz was elected to the Palm Beach County Justice Association (PBCJA) Executive Board as the Women’s Caucus Chair. 

Jennifer and the other newly elected members were inducted at the 2022 Election Dinner at the National Croquet Center on January 13th. Read more
In honor of Black History Month, we are celebrating the triumphs and contributions of African Americans to our country's history, culture, and to the legal profession. Throughout the month, we will highlight three remarkable lawyers who changed the world by shaping the landscape of the law in the United States and changing perspectives of racial equality everywhere.

The first Black lawyer on the Supreme Court of the United States was Thurgood Marshall. Marshall was a groundbreaker in the legal field in many ways. He is responsible for arguing several civil rights cases including Murray v. Pearson and Chambers v. Florida. Marshall’s bible was used by Kamala Harris at her swearing into office as Vice President of the United States.
Issue: If the wear and tear causes the core of the coaxial cable to separate, the rearview camera feed is not visible on the center display.
Issue: A separate brake pedal bumper can cause the brake lights to illuminate continuously. Increasing the risk of a crash.
Issue: Software may cause unintentional vehicle movement which can increase the risk of a crash.
Hazard: the sidewall may separate from the tire. Sidewall separation can lead to tire failure, increasing the risk of a crash.

Hazard: the manufacturer of infant products, announced a recall for over 3 million baby loungers after receiving reports of infants suffocating. 
Hazard: the polyester-based polyurethane sound abatement foam may break down and potentially enter the device’s air pathway.
Hazard: when attached to an adult's bed, users can become entrapped within the bed rail or between the rail and the side of the mattress. This poses a serious entrapment hazard and risk of death by asphyxiation.