Tom has more than 30 years’ experience handling all types of civil litigation in Nevada and California courts, and extensive experience assisting claims professionals with pre-litigation demands, insurance coverage disputes and related claims handling concerning both first party and third-party claims. His representative matters include personal injury defense regarding severe bodily injury and wrongful death cases, commercial litigation, homeowner association (HOA) litigation, construction litigation and class action lawsuits. Tom has represented design professionals and contractors in construction litigation related to delay claims, impact analysis, contract disputes, mechanics’ lien claims and construction defect related litigation, with additional experience handling trucking and transportation litigation, uninsured/underinsured motorist coverage, breach of contract cases and non-medical professional liability claims.
Tom has acted as lead trial counsel in more than 20 jury trials and served as appellate counsel for cases submitted to the Nevada Supreme Court and California appellate courts. Prior to joining Litchfield Cavo LLP, Tom was managing partner at a Nevada office for a national law firm, from 2016 to 2022, and previously managing attorney as in-house counsel for a large commercial insurance company in their Las Vegas, Nevada office. As legal counsel, his responsibilities included: liability evaluations and claim handling recommendations regarding first party bad faith and third-party high damage bodily injury cases; overseeing claims training for pre-litigation claims handlers regarding Nevada law and case value; participating in underwriting committees regarding proposed revisions/additions to Nevada insurance policies; and, advising on coverage evaluations/determinations and strategy, and responses to corporate directed discovery regarding bad faith litigation.
Tom began practicing law in northern California in 1992, earned his Nevada bar licensed in 1999, and has predominantly handled Nevada cases and disputes since 2002.
Practices
- Acted as lead defense trial counsel in Aug. 2022 for a gaming casino client in a premises liability/slip and fall case tried to verdict wherein the Clark County Nevada District Court imposed an adverse instruction against our Defendant for negligent spoliation of evidence; Plaintiff’s past medical specials exceeded $1.2 million for hospitalization and surgical procedures and were undisputed, though the jury assigned Plaintiff 30 percent comparative negligence, significantly limiting recovery of their demand.
- Acted as lead defense trial counsel in June 2022 for an RV motor sales client in a wrongful death case filed in Clark County District Court wherein our client sold an RV to the Plaintiffs who later alleged that Defendant’s negligent maintenance contributed to their rollover accident on Interstate 15; after a 10 day trial, the jury returned a defense verdict in favor of our client.
- Represented individual defendant in Clark County District Court in 2021 against intentional tort (battery) claims wherein negligence was stipulated, and disputed issues concerned liability regarding Plaintiffs’ intentional tort claims, Plaintiffs’ alleged brain injury and damages, and punitive damage prayer; tried case to favorable verdict with award of just over half of the statutory offer of judgment.
- Presented oral argument for respondent before California Appellate Court, First District in published opinion denying Appellant’s appeal of a lower court’s order granting Respondent summary judgment on grounds of statute of limitations.
- Smith v. SHN Consulting, (2001) 107 Cal. Rptr. 2d. 424
Education
- University of California San Francisco School of Law (formerly UC Hastings), JD, 1992
- University of California Berkeley, BA, English
Admissions
- Nevada
- California
Languages
- English
Presentations/Publications
- Contributing author of numerous articles for insurance carrier clients including the following topics: Nevada’s collateral source rule; uninsured motorist/underinsured motorist (UM/UIM) case handling strategies; Nevada Supreme Court’s published decision “Capriati Construction Corp. v. Yahyavi, 137 Nev.Adv.Op. 69 (2021) regarding Nevada Rules of Civil Procedure (NRCP) 68 statutory offer of judgment and holding that plaintiff attorney contingency fees are considered “post offer” for purposes of trial court’s evaluation of whether verdict was more favorable than offer.
- Presented to clients in Arizona, California, New York and Chicago on various seminar and training topics, including: first party UM/UIM motorist claims handling and Nevada law regarding same; Nevada law regarding joint and several liability; quantifying general damages for the jury; responding to pre-litigation policy limits demands.
Additional
- Testified in 2013 before Nevada state legislative committees regarding proposed legislation to amend NRS 41.141, Actions And Proceedings In Particular Cases Concerning Persons, regarding joint and several liability.