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Did You Know? David C. Prather has been named one of the elite "Top 100 Florida Super Lawyers for 2012." He received among the highest point totals in the Florida Super Lawyers nomination, research and blue ribbon review process. Fellow firm partners Mark W. Clark, Donald R. Fountain Jr., Nancy La Vista, W. Hampton Keen and Julie H. Littky-Rubin were named Florida Super Lawyers for 2012, and Associates Cyrus S. Niakan and Poorad Razavi were named Florida Super Lawyers' "Rising Stars."
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CONSUMER ALERTS IN THE NEWS
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Honda Recalls 50,000 Civics for Improper Driveshaft Assembly
Honda Motor Co. has announced a recall of approximately 50,000 model year 2012 Civics because the driver's side driveshaft may not have been properly assembled. This could lead to loss of engine power. Affected cars might also roll away while parked if the parking brake has not been set. Learn more here.
Kia Recalls 22,000 Borrego SUVs
Kia Motors America is recalling certain model year 2009 Borrego vehicles with non-adjustable brake pedals. Certain pedal mounts may have a fiberglass composition that allows them to break off in a collision. In cases where the crash doesn't immobilize the vehicle, the broken brake-pedal mount could allow the vehicle to roll and possibly cause a second impact. Learn more here.
Kia Recalls 70,000 Rio Vehicles
Kia is also recalling more than 70,000 model year 2006-2008 Rio vehicles for a potentially faulty front passenger seat occupant sensor mat. If the mat cracks, the occupant classification system will not function, and the system will not be able to detect whether a child passenger is in the seat or adjust the airbag deployment settings to not deploy if there is a child present. Airbag deployment with a child in the front passenger side seat can increase the risk for serious injury to the child. Read more here.
Chrysler Expands Jeep Liberty Recall with Additional 137,000 Vehicles
Chrysler has added more than 137,000 model year 2006-2007 Jeep Liberty SUVs to a March safety recall, bringing the total number of vehicles affected to nearly 347,000.
Some of the vehicles may be equipped with rear lower control arms that can experience a rear suspension lower control arm fracture due to excessive corrosion from exposure to road salts during winter weather conditions. A fracture of the rear lower control arm may result in loss of vehicle control. Read more here.
Evenflo Convertible High Chairs Recalled for Infant Fall Hazard
According to a press release issued by the CPSC, Evenflo Inc. is recalling approximately 35,000 convertible high chairs because the activity tray on the high chair can unexpectedly detach and allow an unrestrained child to fall, resulting in injury. Evenflo has received 18 reports of tray detachments, including eight reports of children who fell and sustained bumps and bruises. Learn more here.
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FIRM CASE RESULTS & UPDATES
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Firm Wins Settlement in Missouri Wrongful Death Against Commercial Defendants
Tragedy struck a family in a small, rural Missouri town just after Thanksgiving in 2010, when the life of an 18-year-old expectant mother was abruptly ended after the driver of the flatbed truck in which she was a passenger lost control and overturned. All of the occupants were ejected during the accident. The driver was unharmed, but the expectant mother and her unborn child died as a result of their injuries. Because of Clark Fountain's nationwide reputation for handling both auto negligence and product liability cases, attorneys Mark W. Clark and Timothy J. Murphy were contacted to represent the family in the litigation against the commercial defendants who owned the flatbed vehicle and employed the driver, as well as the manufacturer of the vehicle. Clark and Murphy conducted discovery in both Missouri and Iowa, and the lawsuit was filed in Missouri in 2011. As the trial date approached, the matter was settled for a confidential amount.
Settlement Won Against Oil Change Service Provider in New Mexico Tire Failure Case
Two days following an oil change and general "safety check" prior to a cross country trip, our client's vehicle suffered a tread separation and blowout in the high desert of northern New Mexico. The tire failure caused the SUV to leave the roadway and rollover. Our client, who was pregnant at the time, suffered a fractured spine and was rendered paraplegic. She remained hospitalized for 3 months. Miraculously, she was able to carry the baby to term, and her baby was delivered completely healthy. Attorneys Donald R. Fountain, Jr., W. Hampton Keen and Cyrus S. Niakan achieved a confidential settlement with the Arizona oil change service provider who failed to discover a dangerously defective and improperly repaired tire.
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LEGAL INSIGHTS
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Surge in Product Recalls Causing Recall "Fatigue"?
According to a recent article in USA Today, there were 2,363 product recalls in 2011; a nearly 14 percent increase from 2010. Experts say the marked increase is a result of greater oversight by regulators, better testing procedures and greater awareness through social media. However, U.S. regulators, retailers and manufacturers fear that the surge in product recalls could result in fatigue by the public, increasing the chance that the public could miss or ignore a recall that could endanger their health. Read more here.
Can Technology Help Curb Distracted Driving?
Currently, there are a number of phone applications that silence a phone if the device detects movement at car speeds. Companies like ZoomSafer and CellControl offer applications that make sure you are in your car before putting the phone in "driver mode." But according to an AP article featured in BusinessWeek, a reliable, across-the-board solution to the distracted driving epidemic remains at large. Is there a way for technology to create a solution for distracted driving? Learn more here.
California Senator Puts Pressure on Rental Car Companies To Repair Recalled Autos
According to USA Today, California Senator Barbara Boxer wants rental car companies to repair vehicles that are under manufacturer's recalls before renting or selling them, and she urged customers to avoid the companies until they make a permanent commitment. Hertz has agreed to the pledge, but Enterprise, Avis and Dollar Thrifty have resisted. She is currently drafting legislation with New York Senator Charles Schumer that would make the pledge enforceable by law. Learn more here.
Supporting Judicial Merit Retention
"Judges should rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times." Warren E. Burger, Chief Justice of the US Supreme Court, 1969-1986.
As many of you know, three of our Florida Supreme Court justices (Justices Lewis, Quince and Pariente) face a vicious battle to keep their seats on the Florida Supreme Court. Sadly, a group largely being funded by special interests outside of Florida, are working hard to prevent those three justices from being retained (a group similar to the one successful in unseating several members of the Iowa Supreme Court after a ruling it did not like).
It is imperative that we as Floridians, and those vested in the civil justice system work hard to raise awareness about the importance of an independent judiciary, which is one of the true cornerstones of our democracy.
The Florida Bar has prepared "Guide for Florida Voters" available for free by calling 850-561-5834, or by emailing, votersguide@flabar.org.
We at Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin urge you to contribute to the campaigns seeking to retain these justices, and to educate your clients and other non-lawyers in your lives about this important issue facing us this November.
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