Clark, Fountain, Littky-Rubin & Whitman

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Florida Personal Injury Attorneys specializing in catastrophic injury and wrongful death cases. There is no fee unless the firm wins their client’s case.

Clark, Fountain, Littky-Rubin & Whitman is dedicated to representing injury victims throughout Florida. This West Palm Beach personal injury law firm has more than 220 years of collective experience and has helped its clients recover over a billion dollars in verdicts and settlements. Many of the firm’s attorneys are Board Certified by the National Board of Trial Advocacy and the Florida Bar. The firm and its attorneys have received distinctions for excellence, such as Best Law Firms by U.S. News, The Best Lawyers in America, and AV Preeminent ratings, among others. Free consultations available. If you would like our newsletter sign up here https://www.clarkfountain.com/contact/

10/15/2026

Let’s find the law BEFORE the trial starts

The plaintiff was walking with her husband through the defendant resort’s guest parking lot when she tripped on a missing section of asphalt and fractured her right wrist. The defect was approximately 6-8” inches long, 4-6” inches wide, and up to an inch deep. Because there were no sidewalks, guests walked across the asphalt to reach their vehicles. The plaintiff and her husband testified that overhead lights and palm trees created shifting shadows that camouflaged the defect.

On the morning of trial, immediately before jury selection, the plaintiff ore tenus asked the trial court to take judicial notice of a Florida Building Code provision limiting changes in elevation in walking surfaces. The plaintiff had never disclosed the provision during discovery or at any pretrial hearing. Defense counsel objected, explaining that he had received no written notice and questioning whether a building-code provision governing means of egress even applied to an exterior parking lot.

Let’s find the law BEFORE the trial starts THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 18, 2026 NEW TRIAL

10/08/2026

A blow in the accident and then by the court

The plaintiff was a passenger when the vehicle she was riding in was struck by another vehicle driven by the defendant. The defendant named the driver of the vehicle in which the plaintiff was riding as a third-party defendant, and all issues — liability, causation and damages – were hotly contested at trial.

Permanency was one of the “hottest” hotly contested issues. The plaintiff’s treating spine surgeon testified that the collision caused a herniated disc requiring cervical surgery and that her injuries were permanent; the defense experts attributed her condition to degeneration and opined that the collision caused, at most, a temporary sprain or strain.

A blow in the accident and then by the court THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 11, 2026 COURT

10/01/2026

That cause better be good

The Florida Supreme Court considered proposed amendments submitted by the Civil Procedure Rules Committee to Rules 1.080, 1.090, and 1.490. After receiving a comment opposing the proposed changes to Rule 1.490, the Committee withdrew those proposed amendments, and the Court declined to amend Rule 1.490.

The Court did amend Rule 1.080 to clarify that documents must be filed “with the court” and added new subdivisions expressly requiring filed documents to comply with the document and signature requirements contained in Rules of General Practice and Judicial Administration 2.520 and 2.515. The amendments also require PDFs of filed transcripts to be text searchable.

That cause better be good THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 35 CASES FROM THE WEEK OF SEPTEMBER 4, 2026 FLORIDA SUPREME COURT AMENDS

09/24/2026

To the line, but not crossed

The plaintiff sued Walmart after an employee operating a pallet jack struck her while she was shopping. After a five-day trial, the jury found Walmart one hundred percent liable and awarded the plaintiff $6,786,517.61.

During one of the treating physician’s testimony, plaintiff’s counsel displayed a demonstrative depicting her alleged brain injuries. One juror became visibly ill, said she was going to throw up, and could not continue looking at the images. The court removed the juror, seated an alternate, and instructed the remaining jurors to disregard the reaction. Later, a jury note asking whether earlier treatment would have changed the plaintiff’s outcome prompted the defendant’s concern that the jurors had discussed the evidence before deliberations.

To the line, but not crossed THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 34 CASES FROM THE WEEK OF AUGUST 28, 2026 COURT ACTUALLY REVERSES ORDER

09/17/2026

Keeping the Florida Bar busy

The appellate court dismissed JMOR’s certiorari petition that sought review of an order vacating a clerk’s default. The court explained that such an order does not create the irreparable harm required for certiorari jurisdiction.

Adding insult to proverbial injury, the court then ordered JMOR’s attorney to show cause as to why he should not be sanctioned for filing a petition riddled with false citations and arguments, including a nonexistent Fourth District case and actual cases that did not support the propositions for which counsel cited them.

Counsel acknowledged the false citations and even identified additional ones. He explained that his ordinary practice was to use artificial-intelligence software to research and prepare an initial draft, then verify the citations and revise the filing. Counsel asserted that he had completed that review but accidentally filed the AI-generated draft rather than the corrected version.

Keeping the Florida Bar busy THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 33 CASES FROM THE WEEK OF AUGUST 21, 2026 COURT REFERS LAWYER TO THE

09/15/2026

Mark Clark Successfully Secures Multi-Million-Dollar Confidential Settlement in Catastrophic Motorcycle Crash

Mark Clark secured a confidential Multi-Million-Dollar settlement in a motorcycle crash case following a focused investigation and sustained litigation efforts.

This matter involved severe and disfiguring injuries to our client requiring multiple surgeries and extended hospitalizations. Clark conducted a detailed investigation, developed the evidentiary record, and litigated the case with trial preparation as the guiding strategy. That approach positioned the case for resolution on favorable terms while protecting client confidentiality.

“This result reflects the value of building every serious injury case as though it will be tried,” Clark said. “Preparation and persistence drive outcomes.”

Mark Clark secured a confidential Multi-Million-Dollar settlement in a motorcycle crash case following a focused investigation and sustained litigation

09/10/2026

You need to speak up!

The plaintiff appealed from a final order dismissing her complaint against the University of Miami and her former supervisor with prejudice. The trial court based the dismissal on the plaintiff’s failure to file an amended complaint by the court-ordered deadline—which it found reflected repeated, willful, and deliberate disregard of its orders—and on the untimely amended complaint’s continued failure to state a claim under the Florida Civil Rights Act.

The plaintiff argued on appeal that the trial court failed to make express factor-by-factor findings under Kozel, before dismissing her case as a sanction.

You need to speak up! THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 32 CASES FROM THE WEEK OF AUGUST 14, 2026 NO REVERSAL OF DISMISSAL WITH

09/03/2026

Where there’s smoke, there’s an inference.

This manufacturing-defect case arose after a 2016 Ford Mustang caught fire and severely burned the plaintiff. The vehicle had been modified with a Roush supercharger and had passed through multiple owners, and certain braking-system components were lost when a tow company sold the vehicle for salvage. The jury returned a verdict exceeding $103 million against Ford.

At trial, the court allowed the plaintiff to rely on the inference recognized in Cassisi v. Maytag Co.: which says that when a product malfunctions during normal operation, the malfunction itself supports an inference of defect sufficient to create a prima facie case for jury consideration.

Where there’s smoke, there’s an inference. THE WEEK IN TORTS FLORIDA LAW WEEKLY VOLUME 51 NUMBER 31 CASES FROM THE WEEK OF AUGUST 7, 2026 APPELLATE COURT

08/27/2026

Rules are rules

This PCA contained an interesting concurrence worth including this week, as a reminder about the importance of complying with a trial court’s pre-trial order.

The plaintiff’s attorney appealed an order requiring him personally to reimburse the defendant $1,500 in attorney’s fees as a sanction arising from his conduct surrounding the pretrial conference. The pretrial order expressly warned that failure to comply could result in sanctions. The defendant filed a motion for sanctions alleging that plaintiff’s counsel had failed to cooperate in complying with the pretrial order, including the requirements for mediation and preparation of the pretrial stipulation, jury instructions, and verdict form.

Rules are rules FLORIDA LAW WEEKLY VOLUME 51 NUMBER 30 CASES FROM THE WEEK OF JULY 31, 2026 ATTORNEY’S WILLFUL FAILURE TO COMPLY WITH PRETRIAL ORDER

08/25/2026

Mark Clark Secures Significant Confidential Settlement in Defect Seatback Collapse Case

Clark Fountain is proud to announce that partner Mark Clark has successfully obtained a significant confidential settlement in a case involving a seatback collapse that rendered his client a paraplegic when the front seat in his pick-up truck collapsed during a rear-end collision.

The force of the impact caused the front seatback to fail and collapse rearward, leading to a rollover that resulted in severe spinal and head injuries.

Following the crash, Clark Fountain launched an extensive investigation to determine how and why the seatback failed. Working with mechanical engineers, metallurgists and biomechanical experts, the firm uncovered a critical defect in the truck’s seatback design. The structure lacked sufficient strength to withstand foreseeable rear end forces, allowing the recline mechanism and internal frame to give way under extreme inertial forces.

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Clark Fountain is proud to announce that partner Mark Clark has successfully obtained a significant confidential settlement in a case involving a seatback

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