Tom combines his passions of industry and the courtroom to resolve the challenges that confront clients every day.
Tom represents manufacturers, suppliers, automobile, truck and heavy equipment dealers, businesses and insurance companies, in both state and federal courts on matters ranging from resolving business disputes to defending multi-district and class action litigation. With a particular niche in defending product liability claims in the automobile and heavy equipment industries, clients have come to rely on Tom's experience and judgment to guide them through product liability matters, including those involving track hoes, excavators, wood chippers and manufacturing equipment.
Representing clients in the transportation industry as well as automobile and truck dealerships, Tom regularly counsels and defends companies on a wide variety of disputes including breach of contract matters, non-competition and confidentiality agreements, copyright issues, wrongful death and catastrophic injury claims, and employment-related claims such as discrimination, wrongful discharge, and workers' compensation retaliation. He also represents insurance companies and insureds in construction defect cases including product liability and coverage issues.
With years of dispute resolution and courtroom know-how, Tom has represented clients in state and federal courts and before state and federal agencies on matters ranging from product liability, construction, and insurance issues to professional liability, environmental, and oil and gas issues, as well as claims of employment discrimination and accommodation under the ADA, FMLA, ADEA, and Title VII, public policy wrongful discharge claims, and allegations of workers' compensation retaliation.
With success, Tom has tried and settled claims, lawsuits and judgments involving several millions of dollars for insurers and their insureds. Utilizing his significant industry knowledge, insurers are confident in Tom's ability to handle complex liability and coverage disputes.
when skill matters
•Obtained favorable decision from the Ohio Supreme Court for an insurance company holding that non-injured insureds could not recover uninsured motorists coverage for injuries or death of a non-resident relative.
•Represented international chemical manufacturer against product liability and breach of contract claims alleging bridges throughout Ohio galvanized with the manufacturer's product needed repair or replacement due to cracking of truss welds.
•Represented manufacturers against claims that their manufactured parts were defective and/or deviated from design specifications, thereby breaching the requirements of the contract.
•Defended collection company against attempts to certify as a class action a suit alleging violations of the Ohio Consumer Sales Practices Act and the Fair Debt Collection Practices Act.
•Represented concrete subcontractor against various issues in a 42-building, 245-unit condominium complex.
•Defended subcontractor against claims that several multi-level public and employee parking garages needed to be rebuilt due to various construction defects.
•Defended numerous clients in heavy equipment product liability cases, including wrongful death and catastrophic injury cases involving excavators, track hoes, wood chippers and dump trucks.
•Counseled and represented motorcycle dealership on claims of sexual harassment and retaliation lodged by female mechanic.
•Defended large insurance company against claims of age discrimination by terminated sales representative.
•Obtained summary judgment for automobile dealership on terminated manager's age discrimination claim.
•Represented employers on ADA discrimination and failure to accommodate claims.
distinctions + awards
•Ohio Super Lawyers - Business Litigation
•Top Rated Lawyers - Commercial Litigation
•AV-Preeminent Rated - Martindale-Hubbell
articles + presentations
•What is Reasonable Data Security According to the FTC? (Co-Author, Claims Management January, 2015)
•When to Assert and When to Waive an Arguable Defense to Coverage in the Tender of a Defense to the Insured - The Rights, Obligations, Law and Strategy Behind the Decision (Panelist, 2014 Claims and Litigation Management Alliance Ohio Chapter Event and Products Liability Seminar, June 2014)
•Negotiation Strategies for Claims Professionals (Presenter, August 2013)
•Central Ohio Soccer Association - Board Member, Past President
•Rotary Club of Westerville - International Rotary Foundation, Chair; Relay for Life, Chair
•Newsreel Club - Past Trustee
•Strawberry Farm Civic Association - Past President
•Westerville Schools Steering Committee - Former Member
January 23, 2015
p?>January ?p?>What is Reasonable Data Security According to the FTC?