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Daniel J. Fleming is a veteran trial lawyer and Shareholder in Johnson Pope’s Tampa office, where he leads the firm’s Litigation Practice Group. Board certified as a specialist in Civil Trial Law by The Florida Bar for more than two decades, Dan has built his career on delivering successful results in high-stakes litigation across Florida’s state and federal courts.

Dan represents clients in a broad range of disputes, with particular emphasis on transportation and railroad defense, real estate and construction litigation, business disputes, amusement park defense, contract matters, and personal injury defense. His clients include major Class I railroads, companies in the real estate and construction industries, and business owners facing complex commercial litigation. Over the course of his career, Dan has developed long-standing relationships with many of these clients, serving them for decades — a reflection of both the results he delivers and the trust they place in his counsel.

Recognized for his courtroom skill, Dan has earned an AV Preeminent™ rating from Martindale-Hubbell and has tried cases throughout Florida in Tampa, Orlando, Lakeland, West Palm Beach, Ft. Lauderdale, Miami and other rural jurisdictions throughout Florida. He has obtained defense verdicts in cases involving motor vehicle and train collisions, alleged product defects, contract disputes, and workplace conditions, and he is frequently called upon to handle matters that present significant financial or reputational risk to his clients.

In addition to his trial practice, Dan has extensive appellate experience. He has argued appeals before five of Florida’s six District Courts of Appeal, the Florida Supreme Court, and the U.S. Court of Appeals for the Eleventh Circuit. Dan’s decision to pursue a legal career was shaped early on by two of his father’s closest friends, both of whom were attorneys and mentors. Known for his natural knack for arguing from an early age, he was drawn to the courtroom and the challenge of trial work. He went on to attend Washington & Jefferson College, where he excelled as a Dean’s List student, a member of Pi Sigma Alpha, one of only 5 students from his class chosen for the Political Science Honor Society, and competed as a varsity basketball and track athlete, before earning his J.D. from the University of Florida College of Law. Prior to joining Johnson Pope in 2019, Dan was a shareholder in the Tampa office of Gray Robinson, was the managing partner of Melkus, Fleming & Gutierrez for 15 years, and before that was with the statewide defense firm of Kubicki Draper.

Clients and colleagues describe Dan as a dedicated and aggressive advocate who brings energy and focus to every case. He is known for his strong courtroom presence and commitment to protecting his clients’ interests, and he approaches each trial with the passion and perseverance that have defined his career.

Representative Matters

Defense Verdict – Class I Railroad: Obtained a defense verdict in West Palm Beach after a four-day jury trial arising from a motor vehicle versus train collision. Plaintiffs alleged the railroad failed to install active warning devices; the jury found no negligence on the part of the railroad.

Defense Verdict – Class I Railroad: Secured a defense verdict in Lakeland when a fiberglass roof panel detached from a locomotive and allegedly caused serious personal injuries. Despite a Res Ipsa instruction, the jury deliberated for only an hour before returning a verdict for the defense.

Directed Verdict – Limousine Company: Achieved a directed verdict for a local limousine company and its owner in a $1.5 million tortious interference and fiduciary duty case. The defense not only prevailed at trial but obtained a judgment for attorney’s fees and costs exceeding $134,000.

Defense Verdict – Industrial Automation Company: Secured an $80,000 jury verdict on behalf of his client in a subcontract dispute with a construction company arising out of engineering services for a project. After rejecting a pretrial settlement proposal, the defendant was found liable after a four-day jury trial, and final judgment, including an award of attorney fees and costs, was entered in favor of his client.

Bar Admissions

  • Florida
  • US District Courts (Southern, Middle, and Northern Districts of Florida)
  • U.S. Court of Appeals (11th Circuit)

  • The Florida Supreme Court

Education

  • University of Florida College of Law, J.D.

  • Washington & Jefferson College, B.A.

Awards & Recognition

  • Board Certified in Civil Trial Law by The Florida Bar, 2000 – Present

  • AV® Preeminent Rated by Martindale-Hubbell

Community & Professional Organizations

  • The Florida Bar
    • Member
  • Hillsborough County Bar Association
    • Member
  • Jesuit Alumni Bar Association
    • Member
  • National Association of Railroad Trial Counsel
    • Member
  • YMCA Youth Sports
    • Former Coach
  • American Coaches Association
    • Member
  • AAU Basketball
    • Former Coach
  • Christ the King Catholic Church
    • Member
  • Palma Ceia Golf and Country Club
    • Member
  • Stovall House

    • Member

Outside the Office

Outside the courtroom, Dan is devoted to his family life. Married for more than 32 years, he and his wife have raised four children together. In addition to spending time with his family, he enjoys playing basketball, tennis, fishing, and golf. He remains active in his community through Christ the King Catholic Church.

FELA Case Victory: Successfully defended a major Class I railroad in a Federal Employers’ Liability Act (FELA) case brought by a former employee who alleged serious injuries from repetitive trauma while working as a conductor. After a five-day trial, the jury returned a complete defense verdict, finding no negligence on the part of the railroad.

Summary Judgment – Class I Railroad: Obtained summary judgment for the railroad and its driver in litigation stemming from a motor vehicle accident at a grade crossing. The court agreed with the defense that federal preemption barred plaintiffs’ claims, resulting in a significant victory that disposed of the case before trial.

Dan has spoken on substantive legal issues and trial techniques before both local and national organizations.

Daniel J. Fleming Secures Jury Verdict on Behalf of Long Time Client Curry Controls Company

Daniel J. Fleming Secures Defense Verdict In a FELA Case For a Major Railroad Client

March 2020- On March 5, 2020, Daniel J. Fleming of the Transportation Group at Johnson Pope successfully obtained a defense verdict for a major Class I railroad client after a four day jury trial held in West Palm Beach, Florida.  The Plaintiff was represented by an experienced personal injury firm from south Florida.  The claim was brought on behalf of multiple passengers from the train following a motor vehicle versus train collision at a crossing near a wildlife preserve in Palm Beach County, Florida.  The grade-crossing in question is owned by the State of Florida and was protected by crossbucks only with no active warning devices.  The crossing had also been the site of several prior accidents. Prior allegations regarding the railroad’s failure to install active warning devices at the crossing were precluded by pretrial motions based on State Preemption.  At trial, Plaintiffs’ counsel contended the motor vehicle was unable to observe the oncoming train due to overgrown vegetation near the grade crossing.  Mr. Fleming argued the accident was caused by the sole negligence of the motor vehicle driver in failing to stop at the crossbucks for a plainly visible train in hazardous proximity to the crossing.  After four days of testimony, the jury found no negligence on the part of CSXT which was a legal cause of the accident and the Plaintiffs’ alleged damages.

August 2021- On August 12, 2021, Daniel J. Fleming of the Transportation Group at Johnson Pope successfully obtained a defense verdict for a major Class I railroad client after a four day jury trial held in Lakeland, Florida.  The Plaintiff was represented by a an experienced and highly regarded railroad plaintiffs lawyer.  Plaintiff alleged Amtrak was negligent in failing to maintain its locomotive when a fiberglass roof panel measuring roughly 9 ft by 6 ft flew off the train as it passed the Plaintiff’s vehicle stopped appropriately behind the railroad crossing gates near Auburndale, Florida.  Amtrak was unaware the panel was missing until the train was at its next stop in Winter Park, Florida.  The panel caused thousands of dollars’ worth of damage to Plaintiff’s motor vehicle and allegedly struck his arm which he had resting on the driver’s side door with the window open.  Surveillance video from a nearby industry captured the accident and generally corroborated Plaintiff’s version of the accident.  In closing argument, Plaintiff’s counsel asked the jury for an amount in excess of $1,600,000 to compensate his client for physical and emotional injuries, multiple surgeries, and lost wages based on an alleged inability to continue his career as a fishing boat captain in Alaska and Florida. Defendant contended there were no prior signs of any defect when the locomotive was inspected and that Plaintiff’s alleged injuries were pre-existing.  Plaintiff’s argued for and obtained over Defendant’s objection,  a Res Ipsa instruction which told the jury they could infer Amtrak was negligent if they found the accident would not have happened without negligence and the panel was in Amtrak’s exclusive control at the time of the accident.  Nevertheless, the jury deliberated for only an hour before returning a verdict for the defense. Specifically, the jury found no negligence on the part of Amtrak which was a legal cause of the accident or Plaintiff’s  alleged damages.

October 2021- On October 26, 2021, Daniel J. Fleming and of Johnson Pope’s Litigation Division successfully obtained a directed verdict at the close of Plaintiff’s case following years of litigation and three days of trial.  Kevin D. Tragesser, also of Johnson Pope’s Litigation Division assisted throughout the litigation and helped draft multiple post-trial motions in support of the directed verdict.   At trial, Mr. Fleming represented a local limousine company and its owner who were sued by Advantage Limousine, LLC, alleging they tortiously interfered with a contract and aided and abetted a breach of fiduciary duty.  Plaintiff’s counsel claimed Defendants had diverted approximately $8,000,000 and were seeking more than $1,500,000 in alleged lost profits.  Defendants successfully contended that neither Olympus nor Mr. Koutsos tortiously interfered with the contract because it was breached by a party unknown to Defendants at the time of the breach.  Furthermore, Defendants contended that neither Defendant owed any duty to Advantage, let alone a fiduciary duty.   At the close of Plaintiff’s case-in-chief, Defendants moved for and the Court granted a motion for directed verdict on all remaining counts against Olympus Limo, Inc. and Theodore Koutsos.  Plaintiff’s objections to Defendant’s post-trial motion for attorney fees pursuant to non-acceptance of proposals for settlement were overruled and  Final Judgment for Defendants against the Plaintiff for costs and attorney fees totaling more than $134,000 was entered January 6, 2022. On January, 19, 2022, Plaintiff’s Renewed Motion for New trial was denied. 

Dan Fleming Secures Major Legal Victory in FELA Case

By JP Firm — January 2025

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 […]

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