Damien A. Orato
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.
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.
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.
- Florida Trucking Association
- Trucking Industry Defense Attorneys (TIDA)
- Transportation Lawyers Associtation
- Orange County Bar Association
Young Lawyers Section
Florida State University College of Law — J.D., cum laude, 2006
- Order of the Coif
- Articles Editor, Florida State University Law Review
- Outstanding Editor of the Year for Law Review, Volume 33
- Member, Journal of Transnational Law & Policy
- Distinguished Pro Bono Award
- Gratuitous Transfers Book award
University of Notre Dame — B.B.A., Finance, minor in Accounting, magna cum laude, 2003
- Certificate for Asia Pacific Studies
- International Business Certificate
- Florida — 2006
- Florida Super Lawyers Rising Star, 2009
- 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