Bracaglia, Thomas P.

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Updated 6/5/2009
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Marshall, Dennehey, Warner, Coleman & Goggin

1845 Walnut Street

Philadelphia, PA 19103-4797

Phone: (215) 575-4558

Fax: (215) 575-0856

Contact Us

Summary

Current Employment Position(s)

Shareholder

Lawyer Overview

Tom joined MDWCG in 2004 as a shareholder in the firm's Casualty Department. He concentrates his practice in the areas of complex civil litigation and catastrophic losses, including product liability, construction accidents, fire losses, premises liability, vehicle liability, and defamation. Tom has been trying cases for over 25 years before the state and federal courts of New Jersey and Pennsylvania and arguing before the appellate courts of those jurisdictions. His clients include many national and multinational corporations and their insurers.

Tom graduated from Hamilton College, cum laude, with a Bachelor of Arts in 1977. He received his J.D. from Villanova University School of Law in 1980. From 1980-81, he clerked for the Honorable Robert S. Gawthrop, III, Chester County Court of Common Pleas and was an Assistant District Attorney, Chester County from 1981-82. He has been a judge pro tempore for the Court of Common Pleas, Philadelphia County, since 1998.

Outside of his practice, Tom is active in coaching community youth sports.

Significant Representative Matters:

  • Obtained a defense verdict in a jury trial on behalf of a fire suppression service company in a case in which a restaurant was consumed by a fire that allegedly began and spread as a result of the fire suppression company's negligent maintenance of the restaurant's fire suppression system.

  • Obtained a defense verdict in a jury trial on behalf of a shopping mall in a case in which the plaintiff sustained catastrophic injuries in a motor vehicle accident allegedly as the result of being chased off premises by a mall security guard in the mall patrol vehicle, which was illegally equipped with police lights.

  • Obtained a defense verdict in a jury trial on behalf of an oil company in a case in which a pedestrian sustained serious permanent injuries and loss of earning capacity when struck in the middle of the road by a vehicle operated by an employee of the oil company.

  • Obtained a defense verdict in a jury trial on behalf of an oil service company in a subrogation action arising out of a fire that destroyed an historic church, which was allegedly caused by the oil company's negligent servicing of the church's boilers.

  • Successfully defended a foreign steel company in an action where the plaintiff was boiled to death in a superheated slag pit on the premises of the steel company, including recovery of all fees and costs incurred in defending the steel company after two weeks of trial.

  • Resolved a case during jury trial on behalf of a major clothing manufacturer in a case in which a child was asphyxiated by allegedly defective clothing for 20% of the pre-trial demand.

  • Obtained summary judgment on behalf of a major manufacturer of wood stain products in a subrogation action arising out of a house fire on the basis of federal pre-emption on the grounds that the product's labeling was governed by and complied with the Federal Hazardous Substances Act.

  • Obtained summary judgment on behalf of a highway construction company in a case involving three fatalities allegedly caused by the highway construction company's negligent construction and implementation of a highway safety barrier on an interstate highway.

  • Obtained a defense verdict in jury trial on behalf of a major telecommunications company in a toxic tort case in which the plaintiff alleged permanent systemic injuries and cognitive impairment as the result of contact with solvents manufactured by the telecommunications company.

  • Obtained a defense verdict in a jury trial in a case involving the death of a mother and catastrophic injuries to her daughter and sister when run over by motorist on his way to pick up salary checks for himself and his co-workers from his employer on the basis that the motorist was not within the course and scope of his employment at the time of the accident.

  • Obtained a defense verdict in a jury trial on behalf of a medical product manufacturer in a case where the plaintiff alleged that she became permanently disabled as a result of using a defectively designed hospital bed.

  • Resolved a case during jury trial on behalf of a motorist who admittedly negligently caused an accident in which a minor child allegedly sustained a traumatic brain injury for 24% of the pre-trial demand.

    Significant Appellate Representations
  • Established appellate case law holding that a plaintiff impliedly waives his statutory privileges against disclosure of psychological, psychiatric, and drug and alcohol treatment records by placing his life expectancy in issue.

  • Established appellate case law holding that the government contractor defense is viable in Pennsylvania and applicable to a construction company which manufactures products in accordance with specifications set forth by a Commonwealth agency.

  • Established precedent holding that a provider of highway construction equipment is not subject to suit in tort cases in Philadelphia County

  • Established appellate case law holding that a major utility is not subject to suit in tort cases in Philadelphia County.

  • Established appellate case law on behalf of an international air carrier holding that damage to a corpse is subject to the weight based monetary limits in the Warsaw Convention in a class action for imposition of curses brought by a Nigerian tribe.

    • Areas of Practice

    • Product Liability
    • Construction Litigation
    • Fire Losses
    • Premises Liability
    • Vehicle Liability
    • Defamation

    Representative Cases

    • McReynolds v. Benner Tp., 118 Pa.Cmwlth. 215, 544 A.2d 566 (1988)
    • Okkerse v. Howe, 521 Pa. 509, 556 A.2d 827 (1989)
    • Onyeanusi v. Pan American World Airways, Inc., 767 F.Supp. 654 (E.D. Pa. 1990)
    • Onyeanusi v. Pan Am World Airways, Inc., 952 F.2d 788, 60 USLW 2437 (3rd Cir. 1992)
    • Diamon v. Hosgood, 27 Phila 158 (Phila CCP 1994)
    • Pierce v. Long John Silver, (1996 U.S. Dist. Lexis 4021) (E.D.Pa.)
    • Weisman v. Green Tree Ins. Co., 447 Pa.Super. 549, 670 A.2d 160 (1996)
    • Kraus v. Taylor, 38 D&C 4th (Bucks CCP 1997)
    • Lentz v. Mason, 961 F.Supp. 709, 45 ERC 1083, 27 Envtl. L. Rep. 21 (D.N.J. 1997)
    • Levin v. Lynn, 310 N.J.Super. 177, 708 A.2d 454 (1998)
    • Kraus v. Taylor, 710 A.2d 1142 (Pa.Super. 1998)
    • Lentz v. Mason, 32 F.Supp.2d 733 (D.N.J. 1999)
    • Gorski v. Western Electric Co., 34 Fed Appx. 855 (2000 U.S. Dist Lexis 11960)
    • Kraus v. Taylor, 560 Pa. 220, 743 A.2d 451 (2000)
    • Johnson v. Dougherty Equip. Co., (2001 U.S. Dist. Lexis 15882) (E.D.Pa.)
    • Williams v. Mercedes Benz, 59 D&C 4th 514 (Schuylkill CCP 2001)
    • Meeks v. APV LTD., (2002 U.S. Dist. Lexis 11513) (E.D.Pa.)
    • PECO Energy Co. v. Phila. Suburban Water Co., 802 A.2d 666 (Pa.Super. 2002)
    • Silvi v. United States, (2002 U.S. Dist. Lexis 11407) (E.D.Pa.)
    • Oxford Presbyterian Church v. Sico Oil Co., 815 A.2d 1094 (Pa.Super. 2003)
    • Svege v. Interstate Safety Service, Inc., 862 A.2d 752 (Pa. Super 2004)

    West Practice Categories

    Business & Commercial Law, Construction Law, Insurance Law, Bad Faith Insurance, Personal Injury -- Defense, Products Liability Law, Alcoholic Beverages, Professional Malpractice Law

    Next: Qualifications

    Qualifications

    Bar Admissions

    • Pennsylvania, 1980
    • New Jersey, 1980
    • U.S. Court of Appeals 3rd Circuit, 1980
    • U.S. District Court District of New Jersey, 1980
    • U.S. District Court Eastern District of Pennsylvania, 1980
    • U.S. District Court Middle District of Pennsylvania, 1981

    Professional Associations and Memberships

    • Academy of Advocacy, Fellow, 1989
    • National Institute of Trial Advocacy, Fellow, 1985
    • Pennsylvania Bar Association
    • Philadelphia Bar Association

    Honors and Awards

    • AV Peer Review Rating by LexisNexis Martindale-Hubbell
    • Pennsylvania Super Lawyer, 2009

    Past Employment Positions

    • Kelly, McLaughlin, Foster, Bracaglia, Daly, Trabucco & White, LLP

    Education

    • Villanova University School of Law, Villanova, Pennsylvania, 1980
      J.D.
    • Hamilton College, 1977
      B.A.
      Honors: cum laude
    Prev: SummaryNext: Office Info

    Office Information

    Address

    1845 Walnut Street
    Philadelphia, PA 19103-4797

    Phones

    (215) 575-4558

    Faxes

    (215) 575-0856

    Emails

    Contact Us

    Websites

    http://www.marshalldennehey.com

    Prev: Qualifications

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