Lockhart Atheseus R. - Hamilton Miller & Birthisel

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Atheseus R. Lockhart

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Atheseus Lockhart is a partner in our firm’s Orlando office. He is a trial lawyer with decades of experience who focuses his practice on general liability, premises liability, bodily injury, wrongful death and construction defect litigation. Atheseus is a dedicated advocate and aggressive defender of his clients and is well known for his tenacity and effectiveness.

Atheseus began his legal career serving as an Assistant State Attorney for the Ninth Judicial Circuit in Osceola County as a felony prosecutor. He then transitioned to civil litigation. Before becoming a lawyer, Atheseus enlisted in the United States Navy where he served as a personnel administrator for 13 years. While in the Navy, he received numerous awards including five Navy and Marine Corps Achievement medals. His service also included participation in Operation Just Cause in the Panama Canal, Operation Joint Endeavor (Boznia-Herzegovina) and Operation Continue Hope in Somalia.

Atheseus attended Columbia College and Florida State University’s College of Law. During law school, Atheseus interned with the Office of the Attorney General and the Children’s Advocacy Center at the College of Law.

Atheseus is AV® Preeminent rated by Martindale-Hubbell.

PRACTICE AREAS

Insurance

Personal Injury

Premises Liability

Property & Casualty

Education

J.D., The Florida State University College of Law

1L Student Bar Association
Representative (FSU)
General Counsel Florida
State University Student Government Association
National Black Law Students Association, Financial Secretary
National Black Law Students Association, Treasurer

B.S., Dean’s List, Columbia College

Associate in Arts, Columbia College

EXPERIENCE

Atheseus has litigated cases throughout the State of Florida and presented arguments on behalf of his clients at the Fifth District Court of Appeals. His litigation and appeal in Cypress Fairways Condominium v. Bergeron, 164 So. 3d 706, Fla. 5th DCA 2015 had a profound impact on construction litigation throughout Florida resulting in a statutory change to the Statute of Repose.

Atheseus Lockhart was recently successful in receiving Final Summary Judgment in favor of a joint venture involving an national and international companies. The case involved a workplace accident centered around the location of pipe for pile driving. Excess pipe moved during vibration and struck a subcontractor employee. The employee suffered a number of physical injuries. The employee argued the exception to the workers’ compensation immunity should be exercised by the Court based upon their expert’s testimony in support of the client’s actions being an intentional tort and an OSHA citation stating the accident was “willful” in nature.

- The Court determined there was no conduct which would rise to an intentional tort activating the exception to the workers’ compensation immunity statute. Final summary judgment in favor of the commercial contractor was granted by the Court. Anthony Mendoza v. Skanska Granite, Lane, a joint venture, d/b/a SGL Constructors, (State of Florida, Ninth Judicial Circuit for Orange County Circuit Court, 2020-CA-008025-O

Atheseus was successful at trial involving a rear end accident while defending a large construction company. The plaintiff struck the rear of a construction truck and trailer after it entered the roadway from a construction zone. Plaintiff’s theory of liability was the truck and trailer entered the roadway prematurely and failed to allow adequate distance resulting in an accident. The defense theory against liability centered around the rear end collision and the rebuttable presumption plaintiff was at fault and there was adequate distance at the time the truck entered the roadway.

- A directed verdict was provided on behalf of the construction company. Nicholas Glover v. Jimmy Floyd and Skanska Granite Lane, a joint venture, d/b/a SGL Constructors (State of Florida Eighteenth Judicial Circuit for Seminole County, 2021-CA-000451.

Atheseus was successful at trial defending a construction company regarding an original claim of lien and a cross claim asserting construction defects and breach of contract. The defenses to the claim included lack of completion and failure to pay. The jury found in favor of the construction company and awarded over $250,000 in damages regarding the initial claim. After post judgment motions, the construction company was awarded over $750,000 to include attorney’s fees and costs. R.W. Jones Construction, Inc. v. Jo Ann Mueller (State of Florida Ninth Judicial Circuit for Orange County, 2008-CA-0008343.

MEMBERSHIPS

Defense Research Institute, Claims Litigation Management Alliance

presentations

How to Navigate Bad Faith in Low Policy Limit Cases, FDLA Winter Meeting 2018

community involvement

100 Black Men of Greater Orlando
Omega Psi Phi Fraternity, Inc.

Admissions

Florida