Dan Fleming Achieves Significant Summary Judgment Victory for CSXT and Driver

In a significant victory for CSXT and its driver, Jason Cook, Dan Fleming and his team have secured a favorable ruling as Judge Rodriguez granted the Defendants’ Motion for Final Summary Judgment, effectively concluding the lawsuit in their favor, pending any appeals.

The case involved a rear-end collision in which Cook was traveling at 69 mph at the time of the incident. Plaintiff’s counsel, Juan Asconape, relied heavily on engineering expert testimony. However, the defense effectively leveraged Florida Statute § 768.36(2) and the updated summary judgment standard, presenting clear evidence that led to the decisive ruling.

Key contributions from Matt Kochinski, who conducted extensive research and drafted essential documents, were crucial to the defense’s success. While securing summary judgment in rear-end collision cases is rare in Florida, the defense remains confident in their position should the plaintiff decide to appeal.

This case underscores the diligent efforts of the legal team and their commitment to effectively representing CSXT.