In This Issue
Case Results
Consumer Alerts
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Did You Know?

 

Firm partners Nancy La Vista, David C. Prather and W. Hampton Keen have been recognized as Florida Legal Elite 2012 by Florida Trend magazine. Only two percent of the more than 67,000 active Florida Bar attorneys in the state are recognized with this distinction. Firm associate Cyrus S. Niakan was named an Up and Comer.

 

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FIRM RESULTS & UPDATES

Firm's Specialized Experience Results in Settlement for Grieving Families

A cross-country trip turned deadly when a tire on the accident vehicle suffered a tread and belt separation.  Tragically, two of the occupants lost their lives in the accident and left their surviving family members wondering how the accident happened. Even though the accident occurred outside the state of Florida, the clients contacted Clark Fountain because of our specialized experience handling tire defect and automotive crashworthiness cases.  Products liability attorneys Mark Clark and Cyrus Niakan set out to prove the tire was defective. After protracted discovery battles with the tire manufacturer, and shortly before trial, they were able to obtain confidential settlements for the grieving families.

 

Clark Fountain Successfully Resolves Catastrophic Tire Failure Case 

Working on behalf of our paraplegic client, Hampton Keen and Don Fountain recently resolved a catastrophic tire failure case, involving an alleged negligent inspection of the vehicle's tires by a retail automotive shop. Despite the defendant's denial of any responsibility, Keen and Fountain documented through litigation that the client's vehicle was, in fact, at the establishment, and that the subject tire should have been removed from service. Fortunately, the firm's happy clients no longer need to worry about their future.

 

Clark Fountain Sends Associates To Harvard Law College 

Dedicated to constantly providing the best representation for our clients, the partners of Clark Fountain recently sent two of its associates, Cyrus Niakan and Tim Murphy, to Harvard Law College. Sponsored by the American Board of Trial Advocates, Harvard Law College is an intense week of state-of-the-art trial advocacy led by world-renowned faculty. At Clark Fountain, we believe that providing the best representation for our clients can only be accomplished through continual education and experience.

 

CONSUMER ALERTS IN THE NEWS

 

Ford Issues Three Recalls in July, Addressing Malfunctions in Ford Escapes

Ford is recalling nearly 485,000 Escape SUVs to fix sticking throttles that can cause crashes, according to The Associated Press. The worldwide recall covers Escapes from 2001 through 2004 model years that are powered by 3-liter V6 engines with cruise control. The Escape has generated 68 complaints to the U.S. TSA, including 13 crashes, nine injuries and one death. Ford is also recalling 9,320 certain model year 2013 Escape vehicles. These vehicles have an engine compartment fuel line that may split, resulting in a leak. If this leak occurs in the presence of an ignition source, there is an increased risk of a fire and/or personal injury. Prior to the fuel line recall, Ford recalled 10,000 2013 Escape vehicles to fix carpet padding that could interfere with braking. Learn more here. Mazda is recalling 217,500 model year 2001 through 2006, and 2008 Tribute vehicles, manufactured by Ford and equipped with 3.0L V6 engines and speed control, due to similar issues of sticking throttles and rapid acceleration. Read more here.

 

BF Goodrich and Uniroyal Recall Almost 800,000 Tires in the U.S.

More than 799,000 BF Goodrich Commercial T/A A/S and Uniroyal Laredo HD/H tires are being recalled in the U.S. because the tires may develop a separation at the tread/belt edge. The specific tires are sizes LT235/85R16 120 Q Load Range E and LT245/75R16 120 Q Load Range E. Tread/belt separation of the tire while the vehicle is in use can result in rapid air loss, which may increase the risk of a vehicle crash. Learn more here.  

 

Sears Recalls KenmoreŽ Dehumidifiers Due to Fire and Burn Hazards

Sears, Roebuck and Co. and Kmart Corporation are recalling approximately 795,000 Kenmore dehumidifiers. The dehumidifiers can overheat, smoke, melt and catch on fire, posing fire and burn hazards to consumers. The company has received 107 reports of incidents, with more than $7 million in property damage and three reports of smoke inhalation injuries. The recall involves 35-, 50- and 70-pint dehumidifiers with a Kenmore logo on the front top of the unit, manufactured between 2003 and 2005 by LG Electronics Appliance Co., Ltd. Learn more here. 

 

Bumbo Baby Seats Recalled After Reports of Falls and Skull Fractures

USA Today recently reported a recall of approximately 4 million of the popular Bumbo Baby Seats after more than 20 reports of skull fractures among at least 84 falls. The South African-based Bumbo International, maker of the seats, said it would provide owners with a repair kit to add a strap to secure babies in the seats. Learn more here.

 

Tire Buyer Beware
In several media reports, consumers in the market for tires are encouraged to inquire about the age of the tires being installed on their cars, even if the tires appear to be brand-new. New and used tires are comprised of rubber compounds that can deteriorate due to exposure to sunlight, harsh weather, high temperatures and everyday use, which can lead to damaging and potentially fatal failures. Although there is no exact rate of tire deterioration, buyers seeking the safest option should request that their tires be less than six years old. A tire's age can be determined by a Department of Transportation (DOT) code molded on the tire sidewall. Ask to see the code before tires are installed on your car, no matter how reputable the service center. Read more here.
 
Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin is pleased to help you evaluate any factual scenario or potential case you may have. We handle cases on referral or co-counsel bases around the state and country.