Damien A. Orato

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Damien A. Orato: Attorney with Rumberger, Kirk & Caldwell Professional Association
Attorney Awards
  • Martindale-Hubbell Peer Reviewed
About Attorney Awards

Biography

Damien Orato practices in the areas of product liability and casualty litigation. He represents manufacturers of motor vehicles, motorcycles, off-road vehicles, trucks, personal watercraft and railroad equipment against claims resulting in catastrophic injury and wrongful death. Damien also defends domestic and foreign manufacturers in litigation involving various vehicle components and systems including roofs, seats, seatbelts and occupant restraints, airbags, brakes and other crashworthiness claims.

Damien represents trucking companies in cases involving significant and catastrophic injuries as well as wrongful death claims. He defends trucking clients in cases involving issues concerning weight, lighting, driver qualifications and performance, vehicle maintenance and repair, and issues related to the electronic control module (EDM). He defends claims arising from a variety of trucking accidents including rollovers, vehicle/ pedestrian, and multiple vehicle collisions.

Awards & Honors

•Florida Super Lawyers Rising Star, 2009

Articles & Presentations

•Author, 'Florida Supreme Court Adopts Apex Doctrine Protecting High Level Corporate and Government Officers,' September 2021
•Co-Author, 'Cost of Convenience for the Grocery Industry: On-Demand Grocery Delivery Service Presents Possible Legal Ramifications,' November 2017
•'Florida Court Extends Privacy Rights to Vehicle Black Box,' May 2017
•Co-Author, “The Cost of Convenience: Understanding the Third Party Food Delivery Dilemma,” April 2017
•'Tractor-Trailer ECM Data Plays Part in Spoliation of Evidence,' Defense Research Institute (DRI) In Transit, 2008
•'A Case Study: Negligent Hiring and Retention Claims,' September 2008

Damien's News and Insights

07.27.2023
Firm News

Only 23 Minutes Needed for Coke Florida’s Second Defense Verdict This Year

Sonya Carp v. Coke Florida, et al. After only 23...

02.21.2023
Firm News

10 Minute Defense Verdict for Coke Florida Trial in Polk County

Connor Crouse v. Coke Florida, et al. After 10 minutes...

11.10.2021
Firm News

Jury Returns Favorable Verdict for Defendant in Industrial Equipment Accident

Attorney Rob Blank of the firm’s Tampa office along with...

09.10.2021
Product Liability

Florida Supreme Court Adopts Apex Doctrine Protecting High Level Corporate and Government Officers

The Florida Supreme Court has formally adopted the Apex Doctrine...

Photo: Shutterstock/gguy

02.13.2018
Firm News

Damien Orato Discusses Cellphone Records as Evidence in Lawsuits

In an article published on February 13, 2018 in the Sun...

11.20.2017
Casualty Litigation

Cost of Convenience for the Grocery Industry: On-Demand Grocery Delivery Service Presents Possible Legal Ramifications

Amazon, Uber, Peapod and FreshDirect have changed the way people...

05.01.2017
Product Liability

Florida Court Extends Privacy Rights to Vehicle Black Box

In a case of first impression, the Florida Fourth District...

04.05.2017
Casualty Litigation

The Cost of Convenience: Understanding the Third Party Food Delivery Dilemma

UberEats. Postmates. Seamless. Grubhub. Eat 24. These are just a...

02.11.2014
Firm News

RumbergerKirk Elects Two New Partners

MIAMI and ORLANDO, Fla. - February 11, 2014 - RumbergerKirk...

01.16.2014
Beyond the Bio

Damien Orato Talks About His Practice and His Passions

Damien Orato, based in the Orlando office of RumbergerKirk, enjoys...

See more ›

Areas of Practice (5)

  • Product Liability
  • Casualty Litigation
  • Trucking Litigation
  • Insurance
  • Transportation

Education & Credentials

University Attended:
University of Notre Dame, B.B.A., Finance, 2003; University of Notre Dame, B.B.A., minor in Accounting, 2003; University of Notre Dame, B.B.A., magna cum laude, 2003
Law School Attended:
Florida State University, College of Law, J.D., cum laude, 2006
Year of First Admission:
2006
Admission:
2006, Florida
Memberships:

Professional

•Florida Trucking Association
•Trucking Industry Defense Attorneys (TIDA)
•Transportation Lawyers Association
•Orange County Bar Association

Birth Information:
1981
Reported Cases:
Notable Cases: Sonya Carp v. Coke Florida, et al.: After only 23 minutes of deliberations, an Indian River County jury entered a defense verdict for Coca-Cola Beverages Florida, LLC ('Coke Florida') and its driver. Plaintiff claimed a rear-end collision caused her to have a broken bone in her neck and two neck surgeries, asking the jury to award over a million dollars in damages. The trial team convinced the jury the accident was not the legal cause of Plaintiff's injuries. Defendants will be moving for their attorneys' fees based on Plaintiff's rejection of their Proposal for Settlement. Judge Janet Croom presided.; John Doe V. Industrial Equipment Defendant: Attorney Rob Blank of the firm's Tampa office along with attorney Damien Orato and paralegal Cindy Bowers of the firm's Orlando office recently tried a case representing the Defendants in an industrial equipment accident resulting in a fractured talus bone in Plaintiff's left foot, in which Defendants admitted liability and admitted causation. During closing arguments Plaintiff's counsel asked the jury to award a total of $2,118,760.55. On October 6, 2021 the jury returned a verdict awarding Plaintiff $45,000, the exact amount of Defendants' offer before trial.
ISLN:
919012224

Peer Reviews

4.8/5.0 (1 review)
Peer Reviewed

  • Legal Knowledge

    5.0/5.0

  • Analytical Capability

    5.0/5.0

  • Judgment

    5.0/5.0

  • Communication

    5.0/5.0

  • Legal Experience

    4.0/5.0
Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Location

  • Orlando, FL
    Lincoln Plaza, Suite 1400 , 300 South Orange Avenue , P.O. Box 1873
    Orlando, FL 32801

    407-839-2173 Phone
    Get Directions

Contact Damien A. Orato

Contact Information:

407-841-2133  Fax

www.rumberger.com

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