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Did You Know? Firm partner Nancy La Vista has been named President-elect of the Florida chapter of the American Board of Trial Advocates (FL ABOTA). La Vista completed her one-year term as treasurer of the Florida chapter of ABOTA and assumed her new responsibilities on August 1, 2012.
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FIRM CASE RESULTS & UPDATES
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Multi-Year Battle With Defective Tire Manufacturer Ends with Successful Settlement
Our client became catastrophically injured when one of the front tires of the accident vehicle suffered a tread and belt separation, causing the vehicle to lose control and crash on the shoulder. The client was hospitalized for an extended period of time, required numerous surgeries and suffered a traumatic brain injury. The debilitating injuries sustained rendered the client totally disabled and prevented him from continuing his previous employment.
After years of litigation, Mark W. Clark and Cyrus S. Niakan successfully convinced the tire manufacturer to settle the case prior to trial, citing defects with the design and manufacture of the failed tire. The lawsuit was the first of its kind for this popular brand of medium truck tire. The confidential settlement our firm obtained will help provide stability and support for our client's future.
Clark Fountain Partner Resolves Commercial Truck Case Prior to Trial
W. Hampton Keen recently resolved a case in which his client's passenger vehicle was allegedly side-swiped by a commercial truck. Keen argued that the truck failed to yield the right of way and thereby caused the impact and resulting injuries to his client. The case resolved pre-trial for a confidential amount that assures his client will receive the medical care and attention that he needs in the future.
An Independent Judiciary is the Cornerstone of Our Democracy - Don't Let Politics Undermine That Independence
As part of the judicial process, every six years, voters are asked to vote to "retain" our State's appellate court judges and Supreme Court justices. Judges in Florida are never asked to reveal their political affiliations because it is not relevant to the making of fair and impartial decisions for ALL. Instead of looking to politics, judges make decisions based on the Constitution, state law, and established precedent. Good judges follow the law, even when it involves making tough decisions.
However, as of late, groups with a political agenda want to take over the judiciary. They want voters to ignore how important it is to have judges who don't answer to anyone but the law itself, and want politics to crush our third and only "independent" branch of government.
Recently, the Florida Bar polled all of the attorneys in the state regarding the quality of the three Florida Supreme Court justices who are up for merit retention: Justice Fred Lewis, Justice Peggy Quince and Justice Barbara Pariente. Irrespective of their political parties or personal feelings about decisions, 90% of the lawyers polled voted that these justices should be retained on the court because they continue to do their job of upholding Florida law in a manner fair for all of its citizens.
We at Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin urge you to follow our many colleagues in the legal profession, and to vote YES on retaining these fine jurists on November 6th. An independent judiciary--judges who are guided by law, reason and fairness and not by political affiliation-- is the key to our democracy.
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CONSUMER ALERTS IN THE NEWS
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Kawasaki Recalls Off-Highway Vehicles Due to Potential Steering and Braking Failure
Kawasaki Motors Corp. is recalling about 7,000 2012 Teryx4 Recreational Off-Highway vehicles because the steering gear assembly and front brakes can fail, resulting in the loss of steering and braking, posing a risk of injury or death. The recalled vehicles are in the following styles: 750, 750 EPS and 750 EPS LE. They were sold at Kawasaki dealers nationwide from October 2011 through July 2012. Read more here .
Ford Escapes Recalled Due to Potential Fire Hazard
Ford is recalling 6,146 model year 2013 Escape vehicles manufactured from October 5, 2011, through August 31, 2012, equipped with 1.6L engines. The cylinder head cup plug (freeze plug) may become dislodged resulting in significant loss of engine coolant. As leaking engine coolant evaporates on the hot engine, the glycol may ignite causing an engine compartment fire. Learn more here.
Fluid Leak and Fire Hazard Prompts General Motors Recall
General Motors is recalling 249,260 certain model year 2006 Chevrolet Trailblazer EXT and GMC Envoy XL and 2006-2007 Chevrolet Trailblazer, GMC Envoy, Buick Rainier, SAAB 9-7x, and Isuzu Ascender vehicles. Fluid may enter the driver's door module, causing corrosion that could result in a short in the circuit board. A short may cause the power door lock and power window switches to function intermittently or become inoperative. The short may also cause overheating, which could melt components of the door module, producing odor, smoke, or a fire. A short in the circuit board could lead to a fire, increasing the risk of personal injury. Read more here.
Two Million Mother's Touch Baby Bathers Recalled
Summer Infant, Inc. is recalling about 2 million Mother's Touch/Deluxe Baby Bathers in the United States and an additional 65,000 in Canada. When the bather is lifted and/or carried with an infant in it, its folding wire frame can suddenly disengage from the side hinge, dropping the baby out of the bather, posing a fall hazard and a risk of serious head injury to infants. Seven reports of incidents have been received in the U.S., including five reports of infants suffering head injuries from falls from the bathers. Four children received skull fractures, including one that required intensive care for bleeding on the brain. The fifth child received a bump to the head requiring emergency room treatment. Learn more here.
Hercules Tire & Rubber Recalls 1,222 Truck Tires
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