We think that our people set us apart. Our culture is warm, familial, and conducive to brainstorming and idea sharing. While we're small enough to have a highly developed concept of teamwork, we're large enough to have won the confidence of major companies.

•   J. Renn Olenn
•   Joseph F. Penza, Jr.
•   Michael J. Colucci
•   Holly Remington Rao
•   Michael T. Prew
•   Martin K. DeMagistris
•   Melina J. Trudeau
•   Krista J. Schmitz
•   Michael B. Forte, Jr.
•   Jeffrey W. Kasle
•   Michael R. Ferron

Whatever your needs, you'll find us fully focused on finding the very best solution to your problem. Olenn & Penza, LLP has received the highest rating by the independent legal rating agency, Martindale-Hubbell. We strive to make every single one of our clients, large or small, feel that they are our only client.

•   Admiralty & Marine
•   Business Transactions & Litigation
•   Construction
•   Insurance
•   Litigation, Arbitration & Mediation
•   Personal Injury
•   Police, Fire & other Labor
•   Probate & Estates
•   Professional Liability
•   Real Estate
Olenn & Panza Partner Martin K. DeMagistris
Martin K. DeMagistris
Senior Partner

Tel:  401-737-3700   •   Fax:  401-737-5499   •   Email

Education

  • University of Rhode Island, B.A.
  • Catholic University Columbus
        School of Law, J.D.
  • Admitted to practice
    and experience before

  • Rhode Island State Trial Courts
  • Rhode Island Supreme Court
  • Massachusetts State Trial Courts
  • Massachusetts Supreme Judicial Court
  • New York State Courts
  • Federal District Court - Rhode Island
  • Federal District Court - Massachusetts
  • United States First Circuit Court of
        Appeals
  • Professional Affiliations

  • Rhode Island Bar Association
  • Professional Biography

    Martin joined Olenn & Penza in 2002 and has been a partner since 2009. He represents individuals, businesses, and insurers in all state and federal courts in Massachusetts and Rhode Island in a variety of litigation areas including wrongful death, personal injury, admiralty and maritime, employment, professional negligence, and environmental claims. Martin also has extensive experience in representing contractors and material suppliers in the construction industry with respect to creditors' rights, mechanics liens, payment and performance bonds, as well as defective material and negligent performance claims.

    In addition to his trial court work, Martin has represented numerous clients at the appellate court levels in the Rhode Island Supreme Court and First Circuit Court of Appeals in cases involving maritime, personal injury, probate, and employment matters.

    View Expanded Bio

    Notable Experience and Recognition

    Representing over 100 homeowners and residents of a small community in Rhode Island in both the Federal and State Courts, Martin recovered over $3.6 million in damages related to the loss of value of their homes and properties due to environmental contamination that had occurred years before.

    After a two-week jury trial, Martin secured a defense verdict for a defendant fishing vessel owner in a Jones Act/Unseaworthiness case tried in Rhode Island Superior Court. After the trial judge set aside the jury's verdict and ordered a new trial, Martin successfully appealed that decision to the Rhode Island Supreme Court which reinstated the jury's defense verdict.

    Martin successfully defended a large northeast fishing company in a case brought by five former crewmen who alleged that the company owed them back wages and civil penalties for violation of Federal maritime employment statutes. The trial court awarded the plaintiffs less than 10% of their claimed damages and the plaintiffs appealed. The Circuit Court of Appeals affirmed the verdict in all respects.

    Martin successfully represented the estate of a deceased factory worker who was electrocuted by improperly grounded machinery. Despite substantial liability defenses available to the defendant manufacturers, Martin settled the case on the eve of trial for $465,000.

    Overcoming two motions for summary judgment, Martin procured over $500,000 on behalf of a former financial executive who had received incorrect information from a fellow employee and financial advisor regarding his rights with respect to hundreds of thousands of dollars in deferred compensation.

    In a case of first impression in Massachusetts, Martin successfully defended a scuba diving instructor who had been sued for Wrongful Death arising out of the drowning death of one of his students. After extensive discovery had been completed, the two co-defendants settled with the plaintiff, leaving Martin's client the sole remaining defendant for trial. Martin filed a motion for summary judgment based on a written release signed by the decedent prior to his death, which was granted. The plaintiff appealed. Martin prevailed before the Massachusetts Supreme Judicial Court which affirmed the trial court's decision, finding for the first time in Massachusetts that a pre-participation release of liability executed by the decedent was effective to preclude a decedent's beneficiaries from bringing a Wrongful Death claim.

    OLENN & PENZA, LLP   Attorneys at Law Practicing in RI and MA
    530 Greenwich Avenue     •     Warwick, RI 02886     •     Phone 401-737-3700     •     Fax 401-737-5499     •     Disclaimer     •     Send us an email
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