TRIAL EXPERIENCE

Thomas H. Hart, III

 

LITIGATION EXPERIENCE – Significant Trials, Verdicts, Class Actions, Mediations

(Each case is unique and prior results do not guarantee outcomes in other cases)

 

Lead Trial Counsel, Channing v. Abex Corp, et al, No. 11-2-06764-3, Snohomish County, Everett, WA, April 2012

 

Lead Trial Counsel, Dawes v. JM-Manufacturing Co. et al., No. 10-2-11903-1, Pierce County, Tacoma, WA, March, 2012

 

Lead Trial Counsel, Taylor v. PacifiCorp, et al, No. 07-2-04511-8, Pierce County, Tacoma, WA, October 2011.

 

Lead Trial Counsel, Shreve v. Union Carbide Corp., et al, No. 1011-16127, Multnomah County, Portland, OR, July 2011 (Settlement during trial).

 

Lead Trial Counsel, Wagers v. CertainTeed Corp., et al, No. 2008-CP-23-1082, Greenville County, Greenville, SC, May 2011.

 

Lead Trial Counsel, Sunday v. Alfa Laval Inc., et al, No. 08-0689, Suffolk County, Boston, MA, June 2010 (Settlement during trial).

 

Lead Trial Counsel, Roberts v. Square D Company, et al, No. 08-0494, Supreme Court of Clinton County, Plattsburg, NY, March 2010 (Settlement during trial).

 

Lead Trial Counsel, Avery v. Crane Co., et al, No. 7224-2008, Supreme Court of Onondaga County, Syracuse, NY, December 2009 (Settlement during trial).

 

Lead Trial Counsel, Smith v. A.O. Smith Water Products, et al, No. 8853-2008, Supreme Court of Erie County, Buffalo, NY, May 2009 (Settlement during trial).

 

Lead Trial Counsel, Watts v. Alfa Laval Inc., et al, No. 1756-2007, Middlesex County, Plymouth, MA, March 2009 (Settlement during trial).

 

Lead Trial Counsel, Spencer v. A.O. United Gilsonite Laboratories, No. 2008-0445, Supreme Court of Cayuga County, Auburn, NY, March 2009 (Settlement during trial).

 

Lead Trial Counsel, Needle v. A.O. Smith Water Products, et al, No. 1756-2007, Supreme Court of Schenectady County, NY, December 2008 (Settlement during trial).

 

Lead Trial Counsel, Taylor v Alfa Laval, et al, Civ. No. 07-1270, Middlesex Superior Court, Brocktin, MA, October 2008 (Settlement during trial).

 

Lead Trial Counsel, O’Neil v. Buffalo Pumps, et al, No. BC 360274, Superior Court for County of Los Angeles, February 2008, nonsuit reversed O’Neil v. Crane Co., et al, No B208225, Court of Appeals, Second District, September 18, 2009.

 

Lead Trial Counsel, Barlow v. Elliott Turbo Machinery, No. Superior Court for County of Los Angeles, Superior Court of the State of California, December 14, 2007, Wrongful Death, Verdict $1.75 million, plus finding of Malice entitling Plaintiff to Punitive Damages (Case settled for confidential amount before Punitive Verdict).

 

Lead Trial Counsel, Klemm v. Georgia Pacific, et al, Middlesex County, New Brunswick, NJ, October 2007, Settlement during trial for confidential amount

 

Lead Trial Counsel, Riggle v. Viad, et al, No. DV04-01018-L, District Court of Dallas County, TX, December 2006.

 

Lead Trial Counsel, Boyer v. Warren Pumps, et al, Middlesex County Court, Dedham, MA, October 2006, Personal Injury, Cancer, Settlement for Confidential Amount, including Structured settlement

 

Lead Trial Counsel, Henry Hall v. Bondex, et al, No. BC340466, County of Los Angeles, Superior Court of the State of California, May 25, 2006, Personal Injury, Asbestos, Verdict $3.3 million

 

Mediation, Sunshine Shopping Center v. Caliber One Indemnity Co., et al, insurance litigation over fire loss, partial settlement in excess of $ 6 million.

 

Lead Trial Counsel, Senator Adelbert Bryan v. Governor Roy Schneider, et al, Territorial Court of St. Croix, U.S. Virgin Islands, August, 2002, assault and battery, First Amendment freedom of speech, Verdict: $ 278,000.

 

Lead Trial Counsel, Pinnacle Construction v. Custom Builders, May 2002, construction arbitration.

 

Lead Trial Counsel, Moorhead v. Virgin Islands Port Authority, Territorial Court of St. Thomas, U.S. Virgin Islands, fall at airport, settlement during trial in excess of $125,000.

 

Mediation, Donovan v. Western Auto, May 10, 2000, product liability over design of gasoline container, structured settlement in excess of $12 million.

 

Mediation, Sunshine Supermarket v. Certain Underwriters of Lloyds, insurance litigation over hurricane damage, settlement in excess of $600,000.

 

Mediation, Kernie Pierre, deceased v. Coleman Products, Inc., product liability claim over design of gas lantern, settlement in excess of $150,000.

 

Mediation, Guide v. Hess Oil Virgin Islands Corporation, construction accident litigation, settlement.

 

Mediation, Fenn v. Virgin Islands Water and Power Authority, District Court of the Virgin Islands, St. Thomas Division, Automobile accident, Structured settlement.

 

Arbitration (Defense), Sciaba Construction Company v. Sunshine Supermarket, Inc., District Court of the Virgin Islands, St. Croix Division, Construction claim for $1 million resolved for no payment.

 

Lead Trial Counsel, Vitale v.Triad Partnership Limited, et al, C.A. No.1996-79M, District Court of the Virgin Islands, St. Thomas Division, December 19, 1998. Fall in shopping district. Verdict: $700,000

 

Lead Class Counsel, Martinez v. Virgin Islands Alumina Corp., et. al, C.A. 184/93 , Territorial Court of the Virgin Islands, St. Croix Division, February, 1995 – present; Class Action Settlement for $5,000,000 for airborne pollution to over 2,000 neighborhood residents.

 

Lead Class Counsel, Barnes v. Bechtel Corp., et. al, C.A. 21/95, District Court of the Virgin Islands, St. Croix Division, February, 1995 – present; Class Action Settlement for $5,000,000 for airborne pollution to over 2,000 neighborhood residents. Companion case to Martinez, above.

 

Co-Lead Counsel, Delgado v. Shell Oil Co., et al, C.A. 95-21074, U.S. District Court for the Southern District of Texas, August 1993- Present; Class Action Settlement over $54,000,000 on behalf of 26,000 DBCP exposed Banana Farmers in Costa Rica, Nicaragua, Guatemala, Panama, Ecuador, St. Vincent, St. Lucia, Dominica, Philippines, Cote d’Ivoire and Burkina Faso. Settlements with certain defendants made in 1997 and 1998 while case against remaining defendants presently on appeal to United States Supreme Court.

 

Mediation, Whalen v. UOP, et al., District Court of the Virgin Islands, St. Croix Division, Product liability claim over oil refinery design and burns, settlement in excess of $1 million.

 

Lead Class Counsel, Wells v. Raymark, C.A. No. 87-1935, U.S. District Court, District of Kansas, Wichita Division, January, 1987 – 1990; Class Action Settlement totaling in excess of $56,000,000 for over 20,000 claimants.

 

Lead Trial Counsel, Waldo v. Carey Canada, Ltd., et al, C.A. No. 852-05570, Circuit Court, City of St. Louis, Missouri, October 13, 1989.  Verdict: $2,814,300 including $2,000,000 punitive damages.

 

Lead Trial Counsel, Abbott v. Celotex, et al, C.A. No. 86-2597C(6), U.S. District Court, Eastern District of Missouri, St. Louis, Missouri, March 23, 1989.  Verdict: $1,532,000.

 

Lead Trial Counsel, Goodrich v. Fibreboard Corp., et al, C.A. No. 85-2-21195-2, King County Superior Court, Seattle, Washington, May, 1989.  Verdict: $125,000.

 

Co-Lead Trial Counsel, Mercer v. Celotex, et al, C.A. No. 86-L-1886, Madison County Superior Court, Edwardsville, Illinois, November 10, 1988.  Verdict: $2,583,551 including $2,000,011 punitive damages.

 

Lead Trial Counsel, Atkins P. Owens-Illinois, et al, C.A. No. 84-2990-GB, U.S. District Court, Western District of Tennessee, Memphis Division, July 28, 1988.  Verdict:$400,000.

 

Lead Trial Counsel, Gordillo, et al v. Pittsburgh Corning Corporation, et al, C.A No. 81-647, U.S. District Court, Middle District of Florida, Tampa Division, Summary Jury Trial, July, 1986.  Verdict: $382,000.

 

Lead Trial Counsel, DeAmbrose, et al v. Keene Corporation, et al, C.A. No. 81-647, U.S. District Court, Middle District of Florida, Tampa Division, Summary Jury Trial, April, 1986.  Verdict: $2,553,500.

 

Co-Lead Trial Counsel, Martin v. Raymark Corporation, et al, C.A. No. 81-92-CIV­T-10, U.S. District Court, Middle District of Florida, Tampa Division, February, 1986.  Verdict: $400,000.

 

Lead Trial Counsel, Menne P. Raymark Corporation, et al, C.A No. 85-1929-K, U.S. District Court, District of Kansas, Wichita Division, June 10, 1986.  Verdict: $2,500,000.

 

Lead Trial Counsel, Lipke v. Forty-Eight Insulations, et al, C.A. No. 80-L-11840, Cook County Superior Court, Chicago, Illinois, February, 1985.  Verdict: $804,000 including $175,000 punitive damages.

 

Lead Trial Counsel, Hoglund v. Keene Corporation, C.A. No. 81-2-15243-1, King County Superior Court, Seattle, Washington, November, 1984.  Verdict: $550,000.

 

 

LITIGATION EXPERIENCE – General

 

Additional trial experience in:

 

Jacobs v. American Home Products Corporation, et al, C.A. No. 1:88-617-6, U.S. District Court, District of South Carolina, Aiken Division.

 

White v. K-Mart, et al, C.A. Nos. 80-2531-3, 82-526-3, U.S. District Court, District of South Carolina, Greenville Division.

 

Gary v. Chesterfield General Hospital, Inc., et al, C.A. No. 84-CP-13-60, Circuit Court of Chesterfield County, South Carolina.

 

Geller v. Fibreboard Corporation, et al, C.A. No. 86-2-02008-5, State of Washington, Pierce County.

 

Stevens v. The Celotex Corporation, et al, C.A. No. 87-5019, U.S. District Court, District of South Dakota, Western Division.

 

Tea v. Denver & Rio Grande Western Railroad Company, C.A. No. C-82-1174C, U.S. District Court, District of Utah, Central Division.

 

Nall v. Raybestos-Manhattan, et al, C.A. No. 81-L-3550, in the Circuit Court, Tenth Judicial Circuit of Illinois, Peoria County.

 

Seithel v. Armstrong World Industries, et al, C.A. No. 85-0381-C-5, U.S. District Court, Eastern District of Missouri, Eastern Division.

 

Pennock v. H,K.  Porter, et al, C.A. No. 750-082, Circuit Court of Milwaukee, Wisconsin.

 

Simard v. Johns-Manville Sales Corporation, et al, C.A. No. 81-649, U.S. District Court, Middle District of Florida, Tampa Division.

 

Robinson v. The Celotex Corporation, et al, C.A. No. 83-3981, in the Thirteenth Judicial Circuit, Hillsborough County, Florida Civil Division.

 

Parqsz v. Armstrong world Industries, Inc., et al, C.A. No. 87-0292, U.S. District Court, Southern District of Florida, Key West Division.