 Joseph Menello Office: Atlanta Direct: (470) 466-1321 jmenello@wickersmith.com Practice Areas: Admitted to Practice:
Brooklyn, NY |
Joseph MenelloBiographyJoe Menello is a Shareholder, and the managing partner of Wicker Smith’s Atlanta office, where his work is primarily focused on general liability, premises liability, negligent security, retail and trucking litigation. Joe’s career at Wicker Smith began as an office services employee in the copy room of the Orlando office while in high school. He re-joined the firm as a summer associate after his 3L year, and as an associate upon graduation from law school. Joe was promoted to partner a few years later. In March 2020, he was tapped by his mentor, Dick Ford, to lead the firm’s expansion into Georgia. The Atlanta office opened with two lawyers in June 2021, and under Joe’s leadership, has grown to nine lawyers in less than three years. Joe is an experienced trial lawyer with dozens of excellent outcomes to his credit. He first-chaired his first trial as a third year associate, and since then he has represented some of the firm’s biggest clients in the courtroom, including major national and regional grocery and retail chains and gas stations, Orlando-area entertainment and theme park companies, national trucking companies, and some of Central Florida’s largest hospital systems. In 2019, he was instrumental in securing a $13 million defense verdict in a case related to claims of negligence during a hysterectomy. In 2023, he successfully argued to have a Plaintiff’s expert’s testimony stricken under Daubert in a wrongful death case, which subsequently left the Court no choice but to grant summary judgment and dismiss the case against our client hospital entirely. Joe’s medical malpractice experience gives him a distinct advantage when dealing with general liability claims with complex medical issues. His knowledge of the medicine allows him to evaluate cases quickly and provide an accurate picture of the damages involved. Joe takes pride in his thorough research of a case and his meticulous preparation. He leaves no stone unturned in the early investigation of a claim, giving him a deep well of information from which to develop the best possible defenses. He is a gifted oral advocate, and truly enjoys the challenge of convincing an audience of his position. His clients trust him to provide candid counsel on the best course of action for a particular matter, and to advocate strongly on their behalf when necessary. Joe is a frequent speaker, and regularly provides continuing education seminars for his clients on a broad range of topics. He has presented at some of the nation’s leading hospitals, as well as at corporate seminars for major trucking and retail clients. Joe is a proud graduate of Florida State University and Florida State University College of Law. He lives outside Atlanta with his wife, Jenn, and their two children. Professional & Civic Affiliations
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Joseph Menello - Partner
Profile
Joe Menello is a Shareholder, and the managing partner of Wicker Smith’s Atlanta office, where his work is primarily focused on general liability, premises liability, negligent security, retail and trucking litigation.
Joe’s career at Wicker Smith began as an office services employee in the copy room of the Orlando office while in high school. He re-joined the firm as a summer associate after his 3L year, and as an associate upon graduation from law school. Joe was promoted to partner a few years later. In March 2020, he was tapped by his mentor, Dick Ford, to lead the firm’s expansion into Georgia. The Atlanta office opened with two lawyers in June 2021, and under Joe’s leadership, has grown to nine lawyers in less than three years.
Joe is an experienced trial lawyer with dozens of excellent outcomes to his credit. He first-chaired his first trial as a third year associate, and since then he has represented some of the firm’s biggest clients in the courtroom, including major national and regional grocery and retail chains and gas stations, Orlando-area entertainment and theme park companies, national trucking companies, and some of Central Florida’s largest hospital systems. In 2019, he was instrumental in securing a $13 million defense verdict in a case related to claims of negligence during a hysterectomy. In 2023, he successfully argued to have a Plaintiff’s expert’s testimony stricken under Daubert in a wrongful death case, which subsequently left the Court no choice but to grant summary judgment and dismiss the case against our client hospital entirely.
Joe’s medical malpractice experience gives him a distinct advantage when dealing with general liability claims with complex medical issues. His knowledge of the medicine allows him to evaluate cases quickly and provide an accurate picture of the damages involved. Joe takes pride in his thorough research of a case and his meticulous preparation. He leaves no stone unturned in the early investigation of a claim, giving him a deep well of information from which to develop the best possible defenses. He is a gifted oral advocate, and truly enjoys the challenge of convincing an audience of his position. His clients trust him to provide candid counsel on the best course of action for a particular matter, and to advocate strongly on their behalf when necessary.
Joe is a frequent speaker, and regularly provides continuing education seminars for his clients on a broad range of topics. He has presented at some of the nation’s leading hospitals, as well as at corporate seminars for major trucking and retail clients.
Joe is a proud graduate of Florida State University and Florida State University College of Law. He lives outside Atlanta with his wife, Jenn, and their two children.
vCard
Credentials
Education
- Florida State University College of Law (J.D., cum laude, 1998)
- Florida State University (B.A., cum laude, 1994)
Representative Matters
Defense Verdict in a Trip and Fall Case
Plaintiff in this case alleged that she sustained a broken elbow requiring two surgeries as a result of being tripped by a store employee at the coffee station inside the store. The evidence showed that the incident was a result of the employee stepping backwards while straightening a floor mat, and that the employee did not see the Plaintiff before the collision occurred. The store contended that the employee had not acted unreasonably and that there was no negligence as the incident was clearly an accident. The jury agreed, and returned a verdict of no liability against our client in 37 minutes.
Defense Verdict in a Case With Admitted Liability
This case arose from an incident that occurred at a well-known regional grocery chain. Plaintiff claimed that she was injured when she was contacted by a stocking cart. The store admitted liability but defended the case on causation and damages. Plaintiff claimed she required medical care, including a 3-level cervical discectomy and fusion, with associated expenses of approximately $262,000 and alleged future care needs of $192,000. The jury returned a defense verdict in two hours.
Defense Verdict on Behalf of a National Gas Station Chain
Plaintiff alleged that she slipped and fell on a puddle of water on the ground from a roof leak. We presented evidence that there was no roof leak and argued that Plaintiff could not establish her burden of proof. A defense verdict was returned.
Open and Obvious Doctrine Results in Defense Verdict
We represented a national craft store chain in this case wherein Plaintiff alleged that she was exiting the store with her grandson when she tripped and fell over a flatbed cart that was negligently left outside unattended. She fell onto the flatbed and injured her left knee, wrists, neck, and lower back. She underwent surgeries on her knee and back and continued to have pain years later. She treated with letters of protection and had bills totaling over $300,000. Store employees testified that the cart was not unattended, but rather, being used in accord with the store’s policies. The testimony of the grandson corresponded with the testimony provided by the employees. Defense experts testified that Plaintiff’s injuries were all degenerative and not caused by the subject fall and a complete defense verdict was granted.
Summary Judgment: DeKalb County, Georgia (General Liability)
Case Dismissed: U.S. District Court for the Northern District of Georgia, Gainesville Division (Premises Liability)
Practices
Education
- Florida State University College of Law (J.D., cum laude, 1998)
- Florida State University (B.A., cum laude, 1994)
Honors
- Martindale Hubbell’s AV-Preeminent Rating
Credentials
Admitted to Bar
- 1998, Florida
- 1998, United States District Court for the Middle District of Florida
- 1998, United States District Court for the Northern District of Florida
- 2021, Georgia
- 2021, United States District Court for the Northern District of Georgia
- 2021, Georgia Court of Appeals
Professional Affiliations
- The Georgia Bar
- The Florida Bar
- Orange County Bar Association
- Claims & Litigation Management Alliance
- National Retail & Restaurant Defense Association
- Florida Super Lawyers “Rising Star” 2009 – 2012
- The Georgia Chapter of the American Board of Trial Advocates (ABOTA)
- Lawyers Club of Atlanta
