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Palm Beach Gardens, Florida - Attorneys Daniel D. Walker and Don Fountain, of the prestigious plaintiff personal injury firm, Clark, Fountain, La Vista, Littky-Rubin & Whitman, revealed today that they have secured a confidential settlement against an auto manufacturer whose vehicle contained defects which caused a fire in the passenger compartment, resulting in the horrific, wrongful death of a man.
The man was operating his SUV on a busy multi-lane surface street when a fire suddenly erupted behind the dashboard in the right front occupant compartment. Despite his efforts to maneuver the vehicle out of traffic and to the side of the road, the fire grew larger and larger, badly burning the driver before he was transported to the hospital where he died several days later.
The vehicle had been totally consumed by fire, and in the process important evidence had been melted and burned away. In vehicle fire cases, not only does the fire destroy evidence, but also simple removal and transport of the fire damaged vehicles by tow truck companies often results in the loss of evidence charred and brittle from fire damage.
The man’s family, clients of an out-of-state attorney, retained attorneys Dan Walker and Don Fountain to bring a products liability claim against the auto manufacturer.
Walker and Fountain immediately secured the vehicle and retained experts to determine the cause of the fire and the defect that produced it. Despite the challenges of investigating fire cases, the attorneys were able to obtain the engineering wiring diagrams and an exemplar dashboard complete with wiring harnesses from an undamaged vehicle, which they positioned into the fire-damaged vehicle to identify the defect that caused the fire.
The vehicle manufacturer initially denied any liability and claimed that the fire had perhaps started from a cigarette, but after Attorney Walker presented the findings from the exemplar dashboard and wiring evaluation, the manufacturer requested a mediation that resulted in a confidential settlement being reached.
"Our firm has a long history of handling product defect litigation, including dozens of fires caused by an array of defective products," said Don Fountain. "We are committed to seeking justice for those who have suffered as a result of negligence, and we hope that this settlement sends a message to all manufacturers that they have a responsibility to provide safe products to their customers."
Clark, Fountain, La Vista, Littky-Rubin & Whitman is impressed by the exceptional efforts of Daniel Walker and Don Fountain in securing a confidential settlement for the decedent's family and ensuring that the manufacturer is held accountable for their product defect.
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