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

 

Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin, LLP was ranked among the top 10 law firms for diversity in the Daily Business Review's South Florida Diversity Scorecard issue. The firm ranked first on the list comparing women partners to firm attorneys, and also received high rankings comparing women partners to firm partners and firms with the highest percentage of black attorneys. Learn more about the diversity of our law firm and our national and local cases by visiting www.clarkfountain.com, emailing or calling us at 866.643.3318.  

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CONSUMER ALERTS IN THE NEWS

 

 

toyota recall

Nissan Recalls Over 36,000 Versa Vehicles

Nissan North America, Inc. is recalling certain model year 2012 Versa vehicles with automatic transmission that were manufactured between June 2011 and January 2012 due to a defect in the manual transmission shift pattern indicator. Due to interference between the shifter rod and shift knob, the vehicles may be shifted out of the park position into gear without depressing the brake pedal. This can increase the risk of a crash or injury to a pedestrian. Learn more here.

 

 

Mazda Tributes Recalled For Possible Fire Hazard

Over 52,000 model year 2001-2002 Mazda Tribute vehicles are being recalled because the brake master cylinder reservoir cap may leak brake fluid under certain conditions. The brake fluid can leak onto the wiring that controls the anti-lock brake system, which could result in melting, smoking and possible fire. Read more about the recall here.

  

 

NHTSA Investigating Reports of Door Fires in 2007 Toyota Camrys, RAV4s

According to an article in USA Today, federal safety regulators have begun an investigation into reports of fires in the driver-side doors of 2007 Toyota Camry sedans and RAV-4 crossover SUVs.   No vehicles have been recalled, but the probe could affect approximately 830,000 vehicles. So far, six fires have been reported, and Toyota said in a statement that it is cooperating with the NHTSA in the investigation. Read more here .

 

 

HP Recalls Over 1.1 Million Fax Machines for Fire and Burn Hazard

Hewlett-Packard and the U.S. Consumer Product Safety Commission have issued a recall of HP fax 1040 and 1050 machines due to an internal electrical component failure that can result in fire and burn hazards.   Approximately 928,000 machines in the United States and 240,000 in Canada and Mexico are affected by the recall. To date, seven incidents of fax machines overheating and catching on fire have been reported, resulting in property damage and a minor burn injury. Read more here.

 

FIRM CASE RESULTS & UPDATES

Despite Pre-Existing Injuries, $600,000 Recovered for Cervical Fusion Accident

The firm's client was a passenger in a vehicle traveling in the southbound lane of I-95 in Florida when the defendant made an improper lane change resulting in a collision. Complicating matters, the client had two pre-existing herniated discs from prior auto accidents, which doctors had previously recommended surgery to treat.However, the client was able to avoid having the surgery after those accidents. As a result of this current accident, the client's pre-existing condition was severely aggravated to the point that she had to undergo a two-level cervical fusion to repair her spine. Despite the complexity of the case due to these preexisting injuries, Mark W. Clark successfully presented argument that the need for surgery was solely a result of aggravations caused from this new accident.   Clark recovered $600,000 for the client.

 

 

Firm Settles Complex Airbag Failure Case After Trial Pending

When our client lost control of her vehicle and crashed due to a rainstorm, she tragically lost her eye when her airbag failed to deploy.  The defendant argued that the crash was not sufficient enough to trigger the airbag.  They also argued that the airbag light had been on for months preceding the accident, and plaintiff failed to properly service the vehicle. Despite their arguments, attorneys Hampton Keen and Tim Murphy were able to demonstrate that the force of the crash was sufficient to require the airbag to deploy, and that the airbag deployment would have spared her eye.  After multiple inspections by experts from across the country and trial pending, Keen and Murphy resolved the case favorably for the client for a confidential amount.

 

 

Firm Rejects $40k Pre-Suit Offer, Wins $225k Settlement for Accident Victim

Our client was walking in a parking lot when a distracted driver reversed his vehicle, backing into her and running over her leg. The accident resulted in several fractures that required surgery to repair. David C. Prather represented the woman to seek fair compensation for her injuries. The defense argued that the woman's injuries were the result of her walking into the vehicle, and not the fault of the driver. Prather countered the defense's argument and presented witness testimony that the driver was looking at his rear dash camera and not paying attention to the woman as she walked by. Prather obtained a $225,000 settlement for the client.

LEGAL INSIGHTS

 

President's Medical Malpractice Reform Comment Creates Stir

According to an article in the Los Angeles Times, in his State-of-the-Union address in January, President Obama upset patients' rights advocates when he voiced support for a national limit on medical malpractice lawsuits saying that he is willing to look at other ideas to bring down costs including "medical malpractice reform to rein in frivolous lawsuits."  

 

The comment surprised both sides of the debate, although White House aides say the President is opposed to establishing caps on damages for victims of medical malpractice.   House Republicans have introduced a bill to set a $250,000 limit on damages caused by "any healthcare goods or services or any medical product." With the upcoming election, what lies ahead for this hotly debated issue? Read more here.

 

 

Florida Legislature Debates Texting While Driving Ban

According to the Governors Highway Safety Association, 35 states and the District of Columbia have implemented texting while driving bans. Will Florida follow suit? According to an article in the Insurance Journal, the Florida Legislature is weighing in on the issue. Both a Senate and a House bill currently on the table would allow police to cite drivers if they have been pulled over for another violation, such as speeding. Critics say that texting bans in other states haven't had an effect on the number of accidents. Read more about the debate here.

 

 

BMW Slapped with $3 Million Fine for Not Promptly Reporting Defects

Federal safety regulators have fined BMW North America with a $3 million fine for delays in notifying auto regulators about safety defects and recalls. The NHTSA found a number of disclosure violations related to 16 investigations of recalls affecting more than 338,000 passenger vehicles and motorcycles. The penalty was the largest since Toyota agreed to pay nearly $50 million in fines from disclosure issues that included massive recalls in 2009 and 2010. Read more about the settlement in The Washington Post.