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Kevin is a Partner in Johnson Pope’s litigation practice group who represents clients in a broad range of disputes including transportation, personal injury, business, real estate and construction litigation matters with an emphasis on defending clients in railroad accident and FELA cases.

Kevin has experience representing corporate and individual clients in a range of cases in federal and state courts, arbitrations, regulatory matters, and other dispute resolution forums.  Kevin approaches each matter with trial, hearing, and deposition experience, business awareness, and practical judgment.  Prior to joining Johnson Pope, Kevin worked at a national law firm in Fort Lauderdale, where he handled all phases of litigation in a variety of commercial matters, including financial services, professional liability, contractual disputes, general liability, and employment litigation.

Representative Matters

  • Defense Verdict. Appeared at trial resulting in a defense verdict in an admitted liability rear-end collision case. The jury found the admitted negligence on the part of defendant’s driver was not a legal cause of loss, injury, or damage to the plaintiffs.
  • Dismissal of Petition for Injunction. Secured dismissal of petition for injunction against the owner of an air-conditioning company following an evidentiary hearing.
  • Summary Judgment. Took depositions and assisted in obtaining summary judgment for railroad defendant where the court found no evidence linking the condition of the tracks to a motorcyclist’s accident and injuries.
  • Summary Judgment. Prepared briefing and assisted in litigation where the court found insufficient evidence the railroad had actual or constructive notice of an alleged pothole on a street adjacent to its right-of-way.
  • Defense Verdict. Appeared at trial resulting in a defense verdict for defendant involving a passenger stepping off a train; the jury found no negligence on the part of defendant.
  • Affirmed Appeal. Prepared appellate briefing in a case involving alleged injuries from a detached locomotive roof panel; defense verdict was per curium affirmed on appeal.
  • Summary Judgment. Prepared briefing resulting in summary judgment where plaintiff could not connect a bicycle fall near railroad tracks to any act or omission of the railroad; summary judgment was per curium affirmed on appeal.
  • Directed Verdict. Assisted in trial resulting in directed verdict for limousine company and its owner that involved claims for tortious interference and aiding and abetting a breach of fiduciary duty. Prepared post-trial and appellate briefing resulting in the per curium affirmance of the verdict.
  • Securities Litigation and Arbitration. Secured multiple dismissals of FINRA arbitrations for broker-dealers; and assisted/appeared in several final hearings representing broker-dealers and registered representatives in customer, expungement, and enforcement FINRA and SEC matters.

Bar Admissions:

  • Florida, 2018
  • United States District Courts (Middle & Southern Districts of Florida)

Education:

  •  University of Florida Levin College of Law, J.D., 2018
    • Journal of Law and Public Policy, Executive Notes Editor
    • Book Award Recipient for Interviewing, Counseling & Negotiation, 2016
  • University of Florida, B.A. & B.B.A., 2015

Community & Professional Organizations

  • The National Association of Railroad Trail Counsel (NARTC)
    • Member
  • Hillsborough County Bar Association
    • Member
  • Tampa Bay Economic Development Council
    • Member

Outside the Office

Outside of work, Kevin enjoys spending time with his family, being outdoors, fishing, golfing, and following Florida Gators sports.

Representative Publications & Presentations:

  • Prepared and presented in-house presentations to transportation clients premised regarding incident investigation and preparing general liability cases for summary judgment and trial. These sessions help clients strengthen investigation practices, preserve evidence, and reduce litigation exposure before disputes arise.

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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