Attorney Profile
Frank L. Madia
Areas of Practice
Contact Info
Overview
Frank Madia is an associate in 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.
Results
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.