Dan Fleming Secures Major Legal Victory in FELA Case

Attorney Dan Fleming, alongside colleagues Matt Kochinski and Kevin Tragesser of Johnson Pope, successfully defended a transportation client in a workplace injury case under the Federal Employers Liability Act (FELA). The Circuit Court for Duval County, Florida, granted summary judgment in favor of the client, dismissing claims of negligence and affirming the importance of workplace safety compliance in such cases.

This result underscores the plaintiff’s own failure to adhere to established safety protocols as the decisive factor in the case. The court determined that the plaintiff’s action—standing prematurely while the locomotive was still moving—was the proximate cause of the injury, absolving the employer of liability.

Key Takeaways
Dan Fleming argued the motion before the Court and relied heavily on the research and drafting of Kochinski and Tragesser. Together, they demonstrated the railroad’s strict adherence to safety protocols and dismantled the speculative nature of the plaintiff’s claims.

The court found no evidence to support the allegations of negligence. Instead, it highlighted the plaintiff’s non-compliance with safety standards as the primary reason for the incident, reinforcing the principle that evidence-based arguments are critical in litigation.

Insights for Future Cases

This case provides a valuable example for attorneys navigating workplace injury claims: