In This Issue
Consumer Alerts
Case Results
Legal Insights
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Did You Know?

 

Clark Fountain's product liability partners have successfully litigated against every major insurance company, automobile manufacturer and tire manufacturer, resulting in multi-million dollar verdicts nationally. Email or call us at 866.643.3318 to learn more about the firm and if we can consult on a case or be of assistance. 

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CONSUMER ALERTS IN THE NEWS

 

 

1.7 Million Little Tikes Tool Sets Recalled Due to Choking Hazards

The Consumer Product Safety Commission has issued a recall of more than 1.7 million units of Little Tikes Workshop and Tool Sets, which contain oversized, plastic toy nails that can pose a choking hazard to young children. This is an expansion of a 2009 recall of about 1.6 million workshop sets with the same toy nails. Read more here.  

 

Volkswagen of America Recalls over 160,000 Vehicles With Fuel Line Leaks
Volkswagen is recalling certain model year Jetta, Jetta Sportwagen, Golf and Audi vehicles equipped with the TDI Engine due to the potential of a fuel line leak. Leaking fuel in the presence of an ignition source may lead to a fire. Read more here

 

Over 34,000 Bottles of Nostrilla
Nasal Decongestant Pulled From the Market Due to Possible Bacterial Contamination

Insight Pharmaceuticals has recalled 34,092 half-ounce plastic bottles of Nostrilla, a nasal decongestant spray used to relieve nasal discomfort caused by colds, because the spray may contain bacteria. The bacteria, Burkholderia cepacia, may cause severe respiratory infections and other serious health conditions. The recall affects one lot of Nostrilla Nasal Decongestant distributed nationwide to pharmacies and retail outlets. Read more here

 

Yamaha Motors Corporation Recalls 2,300 Motorcycles With Oil Pump Defect

On affected models, high oil pressure inside the oil pump can cause it to malfunction. If oil stops pumping through the engine, severe engine damage can occur, causing the engine to stall and not restart again. An engine stall can increase the risk of a crash with injury or death. Read more here

 

CASE RESULTS & UPDATES

First-Time Settlement Against Exercise Machine Manufacturer by Clark Fountain 

The home exercise machine that our client purchased to maintain and improve her health ended up unfortunately doing just the opposite. A defective cable that held up the vertical support handles on the combination row/ski machine failed while in use, causing her to strike the floor head-first while her feet remained secured in the machine's stirrups. The blow knocked the client unconscious, and when she finally received medical attention, she had sustained injuries to her face, neck and knee.
 
Tim Murphy presented the claim to the company's manufacturer who claimed that they had never paid any monies on their products. The company claimed that the client had improperly assembled or abused the machine. However, we were able to prove that the manner the cables had been packed subjected them to being kinked during shipping, and that subsequent fatigue failure could occur. A confidential settlement was reached. Our products liability attorneys have handled defects from food containers to cruise ships. If you have a consumer product case, contact us at 866.643.3318.   

 

Firm wins $352K Verdict after Rejecting $50K Pretrial Offer

Attorneys Mark Clark and Hampton Keen won a $352,000 verdict in September for a client who sustained a tibial plateau fracture during an accident. The fracture did not require surgery at the time of the accident; however, the 65 year old plaintiff eventually had arthroscopic surgery for cartilage damage in her knee several years later. The defendant's insurance company, State Farm, only offered $50K to settle the case before trial. Clark and Keen won the verdict, despite physician testimony for the defense that the plaintiff's arthroscopic surgery was not related to the accident, but was the result of pre-existing arthritis.  

 

LEGAL INSIGHTS

 

Client-Attorney Emails Sent Via the Workplace: Private or Admissible Evidence?

In the digital age, privacy of workplace communication and its admissibility in court continues to be a hotly debated topic. But when clients use corporate email systems and devices to communicate with their lawyers, does attorney-client privilege protect the content of those emails? Without a clearly defined answer, and a growing body of cases that have allowed the information to be admissible based on determinative factors such as company policy, the ABA recently issued a formal opinion stating that lawyers who engage in email communications with their clients should warn their clients about the risk of third party access. Read more about the topic from the American Bar Association.  

 

 

Despite New Study, Debate Still On Over Cell Phone Safety

A study of 358,403 Danish cell phone plan subscribers found that subscribers of 13 years or more faced the same cancer risk as non-subscribers. Although the study found no additional carcinogenic effect among subscribers, the debate over cell phone safety remains open and no single study is definitive. Recently, the World Health Organization deemed cell phones to be a possible cause of cancer. Read about the latest study, the WHO's statement and more here.

 

 

More Firms Using Email and Social Networking Sites for Service of Process

While more firms are turning to electronic service of process as a more cost-effective and efficient way to find the respondent, will the process become commonplace to replace other, antiquated means? According to an article in the ABA Journal, many lawyers agree it is only a matter of time. Read more about the topic here.