Damian M. Fletcher - Partner

Damian M. Fletcher is the Managing Partner in Tyson & Mendes’ Ft. Lauderdale and Tampa offices. Mr. Fletcher is an accomplished trial lawyer and has over 20 years of experience proactively managing liability risks and investigating accidents resulting in catastrophic losses in state and federal courts across the country. He regularly defends tort claims involving industrial accidents, contaminated drugs, products liability, premises liability, environmental contamination, medical malpractice, trucking and other vehicular accidents, negligent security, and discrimination.

Mr. Fletcher focuses his practice on a broad range of litigation that in recent years has included achieving a defense verdict on behalf of a client sued for false arrest and malicious prosecution, prevailing on a motion for summary judgment in a premises liability case with an award of attorney’s fees against a sub-contractor, obtaining a defense verdict and a $250,000 attorney’s fee judgment on behalf of a client in a premises liability case, prevailing on a motion for summary judgment on behalf of an educational institution in a mold contamination case, and obtaining a defense verdict in a medical malpractice case brought by a retired surgeon who claimed the client failed to properly diagnose leading to amputation.

Mr. Fletcher attended the University of Florida, where he earned his B.S. in Journalism and Communications in 1991 and received his J.D. from Florida State University College of Law in 1995.  Mr. Fletcher is licensed to practice in Florida, Washington, D.C., and all three Florida Federal District Courts. He was awarded the AV Preeminent® Rating by Martindale-Hubbell for ethics and legal ability.  He has been active in RIMS, CLM, National Bar Association Commercial Law Section, and Bar Associations in the counties of Dade, Broward, Palm Beach, and Hillsborough.

Mr. Fletcher has served as an adjunct assistant professor for pharmacy law in the College of Pharmacy at the University of South Florida. He enjoys physical fitness, all outdoor activities, travel, and coaching his son in track and field.  He serves on the Board of Directors for Faye Clark’s New Horizons, group homes for disabled adults.

 

Recent Posts

Black History Month Spotlight: Damian Fletcher

I am the managing partner of the Florida offices in Fort Lauderdale and Tampa.  I opened the firm’s first Florida office in 2017, after having been a partner at a medium-sized national firm for about ten years. I have practiced law for about 27 years.

New Rule on Florida Post-Offer Prejudgment Interest

Florida Rule 769.78 generally dictates rules on offers and demands as they pertain to judgments.[i]  However, this area of law is not well-settled.  In a recent case, Florida’s courts dove into the impact of post-offer prejudgment interest on the “judgment obtained.”[ii]  The ruling in CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc. expands the complicated web of rules stemming from Rule 768.79.

Tyson & Mendes Launches New Subsidiary, TM HALO®, to Win Your Biggest Trials: New Trial Firm Devoted Solely to Winning Major Civil Jury Trials

SAN DIEGO (July 15, 2021) – Leading insurance and civil litigation defense firm Tyson & Mendes LLP announced today the launch of TM HALO®, a new high-stakes trial firm that uses value billing when parachuting in to defend corporations, insurance companies, and insureds in major civil jury trials.

Florida Case Law Update

Failure to File a Privilege Log did not Waive the Work Product or Attorney-client Privilege Where the Assertion of Privilege was “Category Specific” and the Category Plainly Protected by the Privilege.

Florida Case Law Update

OSWALD WOUDHUIZEN AND POWER DESIGN, INC. AND DISCOVER PROPERTY AND CASUALTY INSURANCE COMPANY, Appellants, v. MARY L. SMITH, Appellee

Florida’s Collateral Source rule, Sec. 768.76, does not require a party to present evidence that the period covered by disability payments is the same as the period covered by the jury’s award of past lost wages.

A Seminole County plaintiff filed suit for injuries sustained in a motor vehicle accident where she was rear-ended.  The plaintiff claimed neck, shoulder, low back and knee pain, as well as depression resulting from her injuries. In addition to her medical bills, the plaintiff claimed lost wages and loss of future earning capacity. Defendants stipulated to liability but contested causation and damages. A jury returned a verdict as follows: Past medical expenses $50,000; Future medical expenses $25,000; Past lost earnings $50,000; Future lost earnings $0.

When May a Defendant Obtain Certiorari Review of Discovery Order?

In this wrongful death case brought against two pharmacies, the plaintiff alleged a woman died of multiple drug toxicity due to the alleged negligence of the pharmacies in dispensing prescription medication. The allegation was that Walgreens had filled approximately 275 different prescriptions issued by 18 different physicians, and that CVS filled approximately 95 different prescriptions issued by 10 different physicians. Many of the prescriptions were narcotics.

Tyson & Mendes Expands to East Coast with New Florida Location

Tyson & Mendes has expanded to the east coast with the opening of its new office in Fort Lauderdale, led by Partner Damian M. Fletcher. The new location will serve the entire state of Florida in complex litigation matters, defending clients in all state and federal courts.

Tyson & Mendes Opens Office in Florida

SD Metro – September 25, 2017

Civil litigation firm Tyson & Mendes has expanded to the East Coast with the opening of a new office in Fort Lauderdale, Fla., led by former Hinshaw & Culbertson partner Damian M. Fletcher. The new location will serve the entire state of Florida in complex litigation matters, defending clients in all state and federal courts.

READ MORE HERE

Copyright © 2001–2022 Tyson & Mendes LLP. All Rights Reserved. Website by Big Behavior.