Four Year Battle Results in Multi-Party Confidential Settlement for Wrongful Death of Only Child |
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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.
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Confidential Settlement Reached in Missouri Tire Blowout and 15 Passenger Van Rollover Case that Claimed the Lives of Two People and Resulted in Injuries to Three Others |
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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.
The team also presented evidence that the 15-passenger van was designed in such a manner, that it was inherently unstable and uncontrollable following a rear tire blowout when the van was loaded as intended by the manufacturer. The van manufacturer claimed the van was appropriately designed and tested but our team uncovered evidence that the dual rear wheels – which would have added additional stability - had been suggested for the van during the original engineering and handling studies performed by the manufacturer. In an effort to put profits ahead of safety, the manufacturer failed to include the dual rear wheels which contributed to this tragic incident.
Partners Donald R. Fountain and Ben J. Whitman were able to obtain significant confidential settlements and hold the defendants accountable for the devastating injuries of the surviving occupants and the wrongful death of our clients.
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Partner David C. Prather Featured in Titans of Trial Speaker Series |
David C. Prather covered the key components of cross-examination in high-stakes injury cases. The Titans of Trial features Florida’s legendary trial attorneys revealing their keys to success – in law practice and personal life – in their own words. Sometimes whimsical, often inspirational, but always with practical advice and lessons, Titans of Trial shares the personal stories of the men and women who’ve made a demonstrated difference to the practice of trial law in Florida.
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Partner Ben J. Whitman Featured Speaker in the 36th Annual Workhorse Seminar |
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Ben J. Whitman discussed Complex Trial Strategies in Strict Product Liability and Heavy Commercial Trucks. The Workhorse Seminar provides its members with advanced legal training from the Best Plaintiff Attorneys in Florida and the country. The annual seminar equips each attendee with innovative ideas and tactics necessary to win their cases.
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Attorney Jennifer A. Dinetz Elected Treasurer of Palm Beach County’s Florida Association for Women Lawyers |
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Jennifer A. Dinetz was elected Treasurer of the PBC’s Florida Association of Women Lawyers. FAWL and its local chapters focus upon the professional advancement of women lawyers and the promotion of women’s rights. The PBC chapter is one of the largest chapters in the state with over 300 active members.
Photographed L-R: Attorney Shana P. Nogues, Attorney Jennifer A. Dinetz, Partner, Julie H. Littky-Rubin
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Attorney Shana P. Nogues Featured Panelist at the Florida Justice Association’s Annual Convention |
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Shana P. Nogues was a featured panelist at Florida Justice Associations Advanced Trial Skills Seminar on Early COVID Era Trial tips and observations. Shana discussed strategies to position your case to be called for trial with the estimated 3-year backlog of cases due to the Pandemic, the attitudes of post-COVID jurors, and the importance of time management and organization. The Annual Convention a 4-day event offering a variety of seminars including Advanced Trial Skills, Business Law, and Civil Litigation for Paralegals seminar.
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PROUDLY SUPPORTING OUR COMMUNITY |
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Anti-Defamation League's Prestigious Jurisprudence Event |
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AJC Miami & Broward 2021
Judge Learned Hand Event
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F. Malcolm Cunningham, Sr., 20th Annual Holland Scholarship Event |
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