Frank L. Madia

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Biography

Frank Madia is a member of the Casualty Department handling matters involving premises and retail liability, personal injury, product liability, negligent security and automobile liability.

Frank relocated to Orlando after more than two decades of practice in insurance defense, personal injury, and property subrogation in New York, and after working for a number of years as staff counsel for a national insurance company. Over the last twenty years, Frank has also obtained substantial experience in insurance coverage matters, business litigation, and real estate transactions, allowing him to represent a wide array of clients on a myriad of legal issues.

Frank is a 30-year veteran of the New York Air National Guard, where he served as a Staff Judge Advocate before retiring as a Lieutenant Colonel in 2017. Following the terrorism attacks on the United States on September 11, 2001, Frank served as a JAG Legal Advisor to the 9-11 Commission, preparing and assisting military personnel in relation to Commission interviews. Between 2002 and 2020, Frank served the Township of Frankfort (New York) as an elected Town Judge, presiding over civil claims, landlord-tenant disputes, domestic violence cases, and traffic violation matters. Frank has also served as an adjunct professor at several colleges, including Utica College of Syracuse University in New York.

Year joined

2022

Results

Summary Judgment Obtained on Behalf of Large National Retailer

Premises & Retail Liability
February 2, 2024

We secured a summary judgment in a case in which the plaintiff slipped and fell on our client’s premises. An employee had clocked out and was in the process of gathering his personal belongings from the front-end counter when he allegedly created a dangerous condition by dropping his “personal jug” of iced tea on the floor, which the plaintiff slipped on. We argued that the retailer was not vicariously liable for the acts of the employee, who was “off the clock” at the time.

Thought Leadership

Marshall Dennehey Announces 2025 Shareholder Class And Special Counsel Promotions

December 13, 2024
Marshall Dennehey is pleased to announce that 10 attorneys have been elected shareholders of the firm effective Jan. 1, 2025. Additionally, two attorneys have been promoted from associate to special counsel.

Overcoming the Daubert Challenge With Your Billing and Coding Expert

Orlando
Premises & Retail Liability
September 1, 2024
Key Points: Defense Digest, Vol. 30, No.

Limiting the Opinions of Plaintiff’s Non-Retained Expert Witnesses Regarding Injury Causation and Permanency

Orlando
General Liability
March 1, 2024
Key Points: Defense Digest, Vol. 30, No.

Areas of Practice (4)

  • Premises and Retail Liability
  • Product Liability
  • General Liability
  • Automobile Liability

Education & Credentials

University Attended:
State University of New York at Buffalo, B.A., 1990
Law School Attended:
Touro University Jacob D. Fuchsberg Law Center, J.D., 1997; United States Air Force Judge Advocate Training School, Certified Trial Lawyer - U.S. Air Force Judge Advocate, 2002
Year of First Admission:
1999
Admission:
1999, New York; 1999, U.S. District Court Northern District of New York; 2020, Florida; 2020, U.S. District Court Middle District of Florida; 2020, U.S. District Court Southern District of Florida
Military:
S.Sgt., U.S. Air National Guard, 1987—
Birth Information:
Utica, New York, July 16, 1968
Reported Cases:
Significant Representative Matters: Obtained a summary judgement on behalf of a large national retailer where the plaintiff slipped and fell on the premises. A trial was set for April 2024 and the plaintiff's last demand was for $650k. An employee had clocked out and was in the process of gathering his personal belongings from the front-end counter when he allegedly created a dangerous condition by dropping his 'personal jug' of iced tea on the floor. Represented by Morgan & Morgan, the plaintiff was seeking damages for alleged injuries to her back, neck and left knee. She had a significant pre-existing component for all of her injuries and underwent left knee arthroscopic surgery to repair a torn meniscus along with a steroid injection. We argued that the retailer was not vicariously liable for the acts of the employee who was 'off the clock' at the time he dropped his 'personal jug' of iced tea on the floor. The court held that the 'off duty employment' is a question of law since there was no genuine dispute of material facts as to whether the employee was 'acting within the scope of his employment' at the time the alleged dangerous condition was created. Motion for summary judgement was granted.
ISLN:
913988563

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