Biography

Kenneth W. Waterway specializes in product liability cases, warranty and contract litigation, and railroad law.  He co-manages litigation for one of the firm’s most significant corporate clients in matters throughout the Southeastern United States. He has extensive experience defending product liability lawsuits involving construction equipment and consumer products, fire-related cases, and a wide variety of commercial disputes.  Mr. Waterway is also core counsel for one of the world’s largest Class I railroads, and has tried several cases for this client throughout South Florida in matters involving Federal Employers Liability Act claims, crossing accidents, and trespasser injuries.  Mr. Waterway also represents several small businesses and individuals, and is adept at helping clients devise cost-effective litigation strategies that match broader business or personal objectives.

Affiliations, Activities and Accomplishments

Mr. Waterway is a member of the Product Liability Advisory Council (PLAC), the Defense Research Institute (DRI),  the National Association of Railroad Trial Counsel, and the Florida Defense Lawyers Association. Mr. Waterway has also lectured to local law enforcement trainees regarding civil litigation issues entailed in the investigation of railroad crossing accidents. He holds an “AV” rating from Martindale Hubbell. 

Presentations & Publications 

• “McBride v. CSX: Supreme Court's Decision a Blow to Railroads or Mixed Bag?,” Sedgwick’s Product Liability Advisory (July 2011).
• “Does Proximate Cause Have a Place in the FELA? U.S. Supreme Court to Decide,” Sedgwick’s Product Liability Advisory (January 2011).
• "Case Study: Hogan v. Gray Gable," Law360 (April 28, 2010).
• “Admissibility of Prior Similar Accident Evidence: Florida Appellate Court Takes Away Defense Verdict, Product Liability Defense Attorneys Breathe Sigh of Relief,” Sedgwick’s Product Liability Advisory (April 2010).
• "Florida Decision Rejects 'Consumer Expectations' Test as Independent Basis for Finding Design Defect," Sedgwick's Product Liability Advisory (February 2010).
• “Train Accident Injury Cases,” The Palm Beach County Bar Association’s PI Wrongful Death CLE Committee’s program, “Planes, Trains, Trucks and Boats: Trial Superstars on Navigating and Steering Complex Transportation Injury Cases,” West Palm Beach, Fl. (March 27, 2009).