Brophy, Thomas A.

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Updated 10/13/2009
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Marshall, Dennehey, Warner, Coleman & Goggin

1845 Walnut Street

Philadelphia, PA 19103-4797

Phone: (215) 575-2748

Fax: (215) 575-0856

Contact Us

Summary

Current Employment Position(s)

President and Chief Executive Officer, and Director, Casualty Department

Year Joined Organization: 1979

Lawyer Overview

Tom has served as President and CEO of Marshall, Dennehey, Warner, Coleman & Goggin since 2005 and, as such, maintains administrative responsibility for all firm-wide activities.

Over the years, he has defended hundreds of matters on behalf of insurance companies, corporations, and individuals involving a variety of legal issues ranging from product liability, premises liability, medical malpractice, to liquor liability.  For over 25 years, Tom has had the privilege of representing Anheuser-Busch throughout Pennsylvania, New Jersey, and Delaware handling product liability matters, trucking accidents, and commercial disputes. On behalf of Busch Entertainment Corp., he has defended numerous cases involving B.E.C.'s theme and water parks.

Tom's skills and effectiveness as a trial lawyer are evidenced by the fact that he is a member of Best Lawyers in America, recognized as a Pennsylvania Super Lawyer, and has attained an AV Peer Review Rating by LexisNexis Martindale-Hubbell.

His longevity with Marshall Dennehey dates back to 1979 when he joined the firm while attending law school. He began his career as a paralegal, soon moving into the role of law clerk and eventually becoming an attorney in 1982. In 1986, he became a shareholder and assumed responsibilities as the managing attorney for the firm's Norristown, Pennsylvania, office. In 1989, he was charged with implementing the expansion of the firm into New Jersey, Delaware, and throughout Pennsylvania.

Tom was elected to the firm's Board of Directors in 1996 and in 1999 he was elected to the firm's three-member Executive Committee. In addition to his executive duties, he oversees the 180 attorneys assigned to the Casualty Department.

Tom has lectured extensively throughout the state on the practice of civil defense litigation. He is a former Chair of the Federal Practice Committee of the Montgomery County Bar Association and is actively involved with the Defense Research Institute, Pennsylvania Defense Institute, and the Product Liability Advisory Council. Additionally, he is a Diplomate to the American Board of Trial Advocates. He is also a member of the Board of Directors of the Insurance Society of Philadelphia.

A graduate of the University of Dayton with a degree in English, Tom taught high school for five years before enrolling in Temple Law School's evening division program, obtaining his law degree in January, 1982.  

Significant Representative Matters

  • Tried one of the first long-term care cases litigated in the City of Philadelphia. Successfully represented the defendant, an owner and operator of a long-term care facility. The plaintiff was a resident of the facility and had been assaulted by a care provider who was convicted of aggravated assault as a result of his mishandling of the plaintiff. Claims were made for compensatory and punitive damages against the long-term care facility for the actions of its employee and for its failure to properly screen the employee who assaulted the plaintiff. The jury returned a defense verdict on behalf of the long-term care facility.

  • Successfully represented an insurance broker in an alleged insurance brokerage malpractice matter. Plaintiff sued the insurance brokerage alleging that the brokerage had misrepresented the nature of the insurance coverage available to the land owner resulting in an economic loss of between $5 million and $8 million. The case was complicated by the fact that the insurance broker whom Tom represented was suffering from Alzheimer's disease and was incompetent to testify at the time of trial.

  • Defended an underinsured motorist case brought by a plastic surgeon. The plastic surgeon, who had been rear ended in a motor vehicle accident, claimed that as a result of the injuries sustained in the accident, he had developed a radiculopathy radiating into his right dominant arm precluding him from engaging in the practice of plastic surgery. The surgeon had $5 million in underinsured motorist coverage. The arbitrators made an award of $850,000 in favor of the plastic surgeon in a case that was reserved for $5 million.

  • Successfully represented a psychologist and in-patient treatment facility in a case in which it was alleged that patient was inaccurately evaluated and inappropriately discharged. The patient committed suicide within ten days after his discharge from the facility by the psychologist. Jury found in favor of defense concluding that the decision to discharge the decedent was appropriate given his presentation on the date of the release.

  • Defended the manufacturer of a pediculicide (lice treatment) shampoo in a case in which it was alleged that the shampoo caused second degree burns to a three-year-old child over 60 percent of her body, causing her death. At the time the case was filed, the county coroner and the decedent's treating physicians had opined that her death was caused by an allergic reaction resulting in tissue destruction which manifested itself in the form of second degree burns. The defense assembled a team of experts to establish that the child's death was caused by hot water scalding and not by a chemical reaction to the shampoo. The pediculicide had been manufactured and distributed pursuant to over-the-counter regulations promulgated by the Food and Drug Administration.

    • Areas of Practice

    • Amusement Park Liability
    • Premises Liability
    • Products Liability
    • Medical Malpractice

    West Practice Categories

    Medical Malpractice, Premises Liability -- Defense, Products Liability Law

    Next: Qualifications

    Qualifications

    Bar Admissions

    • Pennsylvania, 1982
    • U.S. Court of Appeals 3rd Circuit, 1984
    • U.S. District Court Eastern District of Pennsylvania, 1984
    • U.S. District Court Middle District of Pennsylvania, 2000
    • U.S. Supreme Court, 2001

    Professional Associations and Memberships

    • American Board of Trial Advocates, Diplomate, 1997 - Present
    • Defense Research Institute, 1988 - Present
    • Member of Board of Directors, Insurance Society of Philadelphia, 2006 - Present
    • Pennsylvania Bar Association, 1982 - Present
    • Pennsylvania Defense Institute, 1985 - Present
    • Co-Chair, Finance Section of the Law Practice Management Committee, Philadelphia Bar Association, 2007, 2008
    • Products Liability Advisory Council, 1988 - Present
    • Philadelphia Bar Foundation, Board of Directors, 2009 - 2010
    • Philadelphia Bar Association, 2000 - Present

    Honors and Awards

    • AV Peer Review Rating by LexisNexis Martindale-Hubbell
    • Best Lawyers in America, 2001 - 2010
    • Pennsylvania Super Lawyer, 2005 - 2009

    Education

    • Temple University School of Law, Philadelphia, Pennsylvania, 1982
      J.D.
    • University of Dayton, 1974
      B.A.
      Honors: cum laude
      Major: English
    Prev: SummaryNext: Articles

    Articles

    Published Works

    • Toxic Torts: Workable Defenses Available to the Corporate Defendant, (co-author, Robert Goggin) 28 Villanova L. R. 1208, 1993
    • How To Evaluate And Settle Personal Injury Claims, Professional Education System, Inc., 1989
    • Cross Examination of Plaintiff's Life Care Expert, Product Liability Council Deskbook, 1999, 2001
    Prev: QualificationsNext: Office Info

    Office Information

    Address

    1845 Walnut Street
    Philadelphia, PA 19103-4797

    Phones

    (215) 575-2748

    Faxes

    (215) 575-0856

    Emails

    Contact Us

    Websites

    http://www.marshalldennehey.com

    Prev: Articles

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