Mr. Thomas has participated in hundreds of mediations throughout California as a practicing attorney. He was invited to join the initial appellate mediation panel for the Third District Court of Appeals and served as a Settlement Officer in Department 59 in the Sacramento Superior Court. After years of having served on these panels and with his extensive mediation training, realized his passion and skill for resolving disputes. In 2018, after having tried in excess of 100 civil jury trials, he made a commitment to become a full-time neutral. His considerable experience representing both plaintiffs and defendants has earned him a reputation for being an effective mediator who can see a dispute from all angles. Based in our Sacramento office, he is available to mediate and arbitrate personal injury, business, professional malpractice, employment, and insurance coverage matters.

Practice Areas
  • All types of Personal Injury including Wrongful Death
  • Business/Contractual
  • Elder Abuse
  • Employment
  • Insurance Coverage/Bad Faith
  • Professional Negligence
  • Product Liability
Hobbies & Interests

In his spare time, he enjoys playing golf, bicycle riding, photography and woodworking.

Legal Career
  • Neutral, Judicate West (2019-Present)
  • Managing Partner, The Thomas Law Firm (2014 – Present)
  • Mediator, Third District Court of Appeal, Sacramento (2008-Present)
  • Settlement Conference Officer, Sacramento County Superior Court (2000-Present)
  • Partner, handling civil litigation, Mason & Thomas (1984-2015)
  • Attorney, handling civil litigation, Stumbos & Mason (1978-1984)
  • Trial and appellate counsel for cases that resulted in five appellate court decisions: Menasco v Snyder (1984); Hernandez v Modesto Portuguese Pentecost Ass’n (1995); Pemberton v Compass Orthopedic (2018); Vasilenko v Grace Family Church (2017) [California Supreme Court]; Williams v Fremont Corners, Inc. (2019)
Education & Professional Affiliations
  • J.D. University of Pacific, McGeorge School of Law (1974-1977)
  • B.S., University of California, Davis (1970-1974)
  • Third District Court of Appeal, Mediation Programs
  • American Board of Trial Advocates (ABOTA), Member (1988-Present)
  • Member, Association of Defense Counsel of Northern California and Nevada (1980-Present)
  • Member, Anthony M. Kennedy Inn of Court, with Emeritus Status (2005-Present)
  • Cal ABOTA, Board of Directors, Member (2004-2007)
  • Sacramento Valley Chapter of ABOTA, President (2004)
Achievements & Awards
  • AV “Preeminent” Rating, Martindale-Hubbell Directory
  • Named, Best of the Bar, Sacramento Business Journal
  • Named, Trial Lawyer of the Year, Sacramento Valley Chapter of ABOTA (2017)
  • Recipient, Professionalism and Civility Award, Sacrament Valley Chapter of ABOTA (2008)
  • Panel Member, Masters in Trial Programs, ABOTA (5 years)
  • Named, “Top Lawyer” - Mediation, Sacramento Magazine (2022)
Below is a sampling of the various matters Bradley S. Thomas, Esq. handled as a practicing attorney or neutral.

Contractual

  • Mediated a case involving breach of a commercial real estate lease contract with an LLP and individual guarantors. The lessee intended to develop a restaurant on the premises but claimed that COVID-19 restrictions rendered the venture financially unviable.
  • Mediated a case in which a commercial painting contractor sued a property owner for breach of contract after being removed from the project before completion. The owner filed a cross-complaint alleging shoddy workmanship and unacceptable delays.
  • Mediated a case involving a former employee who claimed entitlement to an ownership interest, unpaid salary, and vacation upon leaving his employment. The employer acknowledged the intent to grant ownership subject to conditions precedent but argued no written agreement was finalized, as the plaintiff refused further discussions. The employer also cross-complained for breach of fiduciary duty, alleging the plaintiff schemed to compete against the company.
  • Mediated a case in which a heavy equipment lessor filed suit to foreclose on a mechanics lien for unpaid rent and property damage. The landowner cross-complained for breach of construction contract and indemnity against the subcontractor who rented the equipment, and the subcontractor, in turn, cross-complained against the general contractor and landowner for breach of contract.
  • Mediated a case in which the plaintiff sold her restaurant business to the defendant and alleged breach of contract after the defendant stopped making installment payments. The defendant argued that the contract required the public entity’s consent to assign the lease, and consent was denied.
  • Mediated a case involving a residential general contractor who claimed his four-home development was unreasonably delayed by a public utility company that allegedly negligently and/or fraudulently withheld installation of electrical conduit. The utility further insisted the conduit be delivered by overhead poles rather than underground, and the delays and requirements rendered the project financially unfeasible.
  • Mediated a case in which the plaintiff purchased a large quantity of grapevines from a nursery and later alleged they were infected with a virus that caused stunted growth. Expert opinions conflicted on the cause, with defendants contending the vines were improperly planted. Defendants further relied on contractual provisions disclaiming warranty of fitness and excluding consequential damages beyond the purchase price.
  • Mediated a case involving a longtime in-house caregiver who, after seven years of employment, sued under the Domestic Worker Bill of Rights for unpaid overtime, penalties, interest, and attorney’s fees. The defendants, the decedent’s two sons, denied being her employers, asserting that any direction given was at their mother’s request. They also filed a cross-complaint alleging physical and financial elder abuse by the plaintiff.
  • Mediated a case involving 'pay for play' contracts between a plaintiff and a restaurant, under which the plaintiff installed jukeboxes and speakers and shared customer payments with the restaurant. The plaintiff alleged breach of contract when the restaurant shut off the jukeboxes and used other equipment, while the defendants argued the jukeboxes became unnecessary once indoor dining ceased under COVID-19 restrictions.

Fraud/Misrepresentation

  • Mediated a case in which a specialty product manufacturer alleged a competitor violated the Lanham Act by falsely claiming FDA approval for its product. The plaintiff sought a minimum of $6 million in damages, attributing the amount to lost customers resulting from the alleged misrepresentations.
  • Mediated a dispute involving a homeowner who obtained a hard money loan secured by her residence, made monthly interest payments, but failed to make the final balloon payment. The plaintiff alleged the mortgage broker, investment group, and others conspired to engineer a default, leading to foreclosure and sale to an entity allegedly tied to the broker, while she continued to occupy the property through mediation. The broker denied any wrongdoing, maintaining the loan and foreclosure process was routine.

Discrimination

  • Mediated a case involving two female physicians employed by a state agency overseeing Medi-Cal payment requests, who alleged they were constructively forced into lower-paying positions because agency policies constituted the unlawful practice of medicine and jeopardized their licenses. Both further claimed harassment after repeatedly objecting to these policies. The mediation extended across two sessions totaling more than 16 hours.
  • Mediated a case involving two female physicians who alleged constructive demotion and gender discrimination in retaliation for whistleblowing activity at a state agency.
  • Mediated a case involving a 56-year-old female corrections officer who alleged retaliation for reporting misconduct by fellow officers, as well as failure to accommodate her physical and emotional disabilities.
  • Mediated a case involving a 70-year-old Caucasian woman employed as a scheduler for an elected state official, who alleged termination based on age and race discrimination. She claimed the chief of staff set her up to fail in order to replace her with a younger person of color, citing eight circumstantial events as evidence. The state contended she was simply unqualified for the role, terminated with good cause during probation, and emphasized that the same officials who hired her also made the decision to terminate.
  • Mediated a case involving a 50-year-old African-American man employed by a public entity for 12 years, who alleged wrongful termination based on race and age. He claimed his new supervisor of one year targeted him, while the employer presented written records documenting performance concerns and unmet improvement checklists. The defendant denied any racial animosity or discriminatory motive.
  • Mediated a case involving a public entity employee of 20 years who alleged he was denied promotion and career advancement due to his race and for engaging in protected activity related to discrimination complaints by other minority employees. The county denied discrimination or retaliation, asserting that all decisions were based on legitimate business reasons.
  • Mediated a case involving a Sheriff’s Sergeant who was terminated for allegedly lying about failing to submit required weekly reports. The plaintiff claimed the termination was actually in retaliation for reporting sexual harassment and due to his age, while the defense denied these allegations.
  • Mediated a case involving a public entity supervisor who alleged racial discrimination and retaliation after being passed over for a managerial position he claimed to be the most qualified for. The plaintiff relied on the 'Cat’s Paw Theory' to argue that the chief executive officer influenced the hiring decision.
  • Mediated a case involving a probationary public employee who was released for allegedly failing to meet performance expectations. The plaintiff claimed he was terminated in retaliation for reporting a job site accident to OSHA and because the county sought to avoid future disability accommodations. The defendant argued the termination decision had been made prior to the accident and that the timing was coincidental.
  • Mediated a case involving three African-American employees of a public waste management department who alleged racial discrimination through failure to promote and failure to investigate their complaints. Plaintiffs presented testimony describing a historically discriminatory environment within the department and offered 'me too' evidence from other employees.
  • Mediated a case involving a 16-year public entity employee who alleged ongoing harassment and discrimination by coworkers and supervisors. The public entity denied the claims, characterizing the incidents as sporadic workplace interactions inaccurately attributed to racism.
  • Mediated a case involving an African American sergeant in a small city police department who alleged racial harassment by the police chief. Still employed, the plaintiff did not wish to resign but claimed the harassment caused substantial emotional distress and interfered with his job performance.
  • Mediated a disability retaliation and discrimination case brought by a middle-aged plaintiff against a public entity. The plaintiff alleged the county failed to reasonably accommodate her disability despite six months of efforts and four perfunctory 'interactive' meetings, instead imposing unreasonable return-to-work conditions. The county argued it repeatedly sought clear accommodation parameters and ultimately terminated her employment due to undue hardship caused by her continued absence.
  • Mediated a case involving a pharmacist from India who obtained an H1B visa to work for a California pharmacy. He alleged the employer misrepresented the nature and scope of his duties. The plaintiff ultimately returned to India for surgery and, while abroad, was either terminated or voluntarily resigned. He also brought a related claim against the attorney who assisted in securing the visa.
  • Mediated a case involving a city fire department paramedic who alleged he was terminated in retaliation for filing EEOC complaints about management’s treatment and for reporting safety concerns.
  • Mediated a case involving an engineer who alleged he was repeatedly denied promotion due to his nationality and religion. The defendant public entity denied bias, asserting instead that he resisted supervision by female managers and, more importantly, never ranked first in any promotional tests or interviews conducted by multiple panels over the years.
  • Mediated a case involving a sanitation department employee who alleged he was repeatedly denied promotion due to his ethnicity. Although he did receive one promotion, he was demoted before completion, allegedly based on a minor incident. The plaintiff intended to rely on evidence of a pattern and practice of discrimination within the department.
  • Mediated a case involving seven current and former supervising probate officers who alleged they were denied promotion and subjected to harassment and retaliation by their Chief, who allegedly resisted promoting officers older than herself. The defendant county argued that the lack of promotions resulted from limited openings and legitimate business decisions.
  • Mediated a case where the Fire Chief for the city was terminated from employment for incompatibility of management style among other reasons. The plaintiff alleged his termination was in retaliation for asserting his discipline appeal rights under FPBR. He alleged the City Manager and Assistant Manager were upset that he appealed a 40-hour suspension for misconduct.
  • Mediated a case involving a female administrative assistant for a public entity who claimed the employer failed to provide a reasonable accommodation for her acknowledged disability and effectively terminated her employment. The city completed a fairly exhaustive interactive process and determined that at least one of her essential functions could only be performed if she was physicially present in the office on a daily basis.
  • Mediated a case involving a plaintiff who injured their hip while working on a job and had a recommendation for hip replacement surgery.  When the plaintiff had not scheduled surgery and still was unable to return to work as warehouseman, the employer terminated him. The plaintiff claimed he was a victim of disability discrimination and that the employer failed to engage in the interactive process to assess his ability to perform other jobs within the company.
  • Mediated a case involving a plaintiff who is a male Hispanic police officer. He claimed he was subjected to disparate treatment because his superiors did not want Hispanic officers on the force. The city police department denied there was discrimination of the plaintiff, and it completed an independent investigation of the claims and the outside investigator determined the discrimination/retaliation complaints were without merit. 
  • Mediated an employment dispute involving a County Sheriff’s Deputy who was placed on medical leave due to emotional distress. The Deputy failed to submit a required doctor’s note to extend the leave or respond to HR’s follow-up, leading the County to deem the position abandoned. A subsequent request to rescind the termination, supported by medical documentation, was denied.
  • Mediated a wrongful termination dispute involving a veteran litigation claims manager who alleged retaliation for reporting the mistreatment of an older, overweight coworker by a supervisor. The employer claimed the termination was based on improper access to confidential files and violation of instructions related to a pending internal investigation, while the plaintiff asserted this was a pretext for an improper motive. One issue of particular interest was whether the plaintiff could bring the claim in the state of residence and remote work, despite the employer conducting all business exclusively in California, with applicable law varying by jurisdiction.

Labor Code

  • Mediated a case involving a young female firefighter who alleged two incidents of sexual assault by her captain, occurring off duty in separate locations. Key considerations included text exchanges between the parties, the scope and findings of the employer’s investigation, and the plaintiff’s claim of constructive termination. The matter involved complex factual disputes and sensitive employment and harassment issues.

Retaliation

  • Mediated a case involving a female Sheriff’s Department detective who alleged gender discrimination, harassment, and retaliation that culminated in false accusations of dishonesty and her termination. A subsequent civil service arbitration determined her conduct did not violate department policies. The defendant denied harassment or discrimination, maintaining she was terminated for legitimate business reasons.
  • Mediated a case involving a Hispanic public entity employee who alleged racial harassment and discrimination, claiming he was laid off in favor of a less qualified Caucasian employee. The defendant denied discriminatory intent, arguing the supervisor’s support of Trump’s immigration policies was unrelated, and further asserted that after-acquired evidence of misconduct would have justified termination regardless.
  • Mediated a case while serving as court-appointed discovery referee, tasked with reviewing voluminous medical records to determine discoverability and required redactions. Prepared a proposed written decision that was fully adopted by the court.
  • Mediated a case involving two city police officers terminated for alleged criminal activity. The female officer claimed gender discrimination and harassment by her superiors, while the male officer alleged retaliation for supporting her claims.

Sexual Harassment

  • Mediated a case involving a 21-year-old county animal control officer who alleged sexual harassment by her male supervisor. An investigation corroborated her complaint, resulting in the supervisor’s demotion. However, due to the lack of funded officer positions, HR terminated the plaintiff’s employment under the collective bargaining agreement, as she was still probationary. The county characterized the harassment as minor, denied retaliation, and asserted her termination was an unavoidable consequence of the supervisor’s demotion.
  • Mediated a case involving a plaintiff who alleged ongoing sexual harassment by her supervisor over several months and claimed she was wrongfully terminated in retaliation for reporting it. The employer argued the two had developed a social relationship outside of work that blurred workplace boundaries, and that the plaintiff only complained once it became clear she faced termination for habitual tardiness and absenteeism.
  • Mediated a case involving a young woman who alleged she was subjected to quid pro quo sexual harassment by the male owner of a large clothing manufacturer, including explicit messages and photographs. She claimed she was promised an executive position and high salary conditioned on complying with his sexual demands. The defendant argued the relationship was consensual and unrelated to her employment.

Sexual Harassment And Retaliation

  • Mediated a case involving a female employee who alleged sexual harassment by the female owner of an aesthetician business and claimed she was terminated after complaining about delayed compensation for COVID-related absences. The employer denied the allegations, characterizing their relationship as one of close friendship.

Wage and Hour

  • Mediated a pre-litigation employment dispute in which the plaintiff sought over $60,000 for unpaid overtime, missed rest and meal breaks, improper pay stubs, and related penalties and attorney’s fees. The employer conceded portions of the claim due to poor recordkeeping but alleged the employee had embezzled more than $35,000 in customer cash deposits for banquet hall reservations. Neither side had the benefit of formal discovery at the time of mediation.
  • Mediated a case brought under the Domestic Worker Bill of Rights by a live-in caregiver who sought four years of unpaid overtime. She claimed dual employment by both a disabled woman and the trust of a deceased employer. A key issue was the collectability of a potential large judgment against the surviving employer and the trust.
  • Mediated a case involving seven inside sales representatives who alleged wage and hour violations. They claimed their unsigned commission agreements improperly allowed deductions for business expenses and sought unpaid overtime. The employer lacked records to permit precise calculation of overtime hours.

Wage and Hour Class Action

  • Mediated an early class action against an interstate trucking company alleging wage, hour, and break violations. Key issues included federal preemption of state labor laws and disputes over the appropriate modeling for damages claims.

Wrongful Termination

  • Mediated a case involving a public entity account analyst with over a decade of service who was laid off. The plaintiff alleged the stated reason—loss of grant funding—was pretextual and that her employer had spent a year building a false basis for termination, when the true motivation was her age and high salary.
  • Mediated a case involving a volunteer planning commissioner removed by the Board of Supervisors for allegedly abusive and intimidating conduct toward staff. The plaintiff claimed her removal was retaliation for filing a whistleblower complaint against fellow commissioners and the Board for holding improper closed session meetings.
  • Mediated a dispute where the plaintiff claimed he was misled into accepting a job offer at a higher hourly rate, later reduced due to a clerical error. He argued the signed offer created an employment contract and refused to sign the revised agreement. Though he never performed work, he completed the required certifications and remained available at the original rate.

Government Liability

  • Mediated a case involving a police sergeant who alleged he was denied promotion to lieutenant due to his race and for speaking out against perceived departmental misconduct, claiming the stated reasons were pretextual. The department denied discriminatory or retaliatory motives, citing his disciplinary history, exam ranking, and lack of recommendations from senior officials.
  • Mediated a case involving a middle-aged lawyer who was struck by a large tree that blew over onto her and her car during a windy day. She sued the city responsible for planting and maintaining the tree in a sidewalk planter, alleging mild brain trauma that resulted in permanent tinnitus and hearing loss.
  • Mediated a case involving a preschooler who sustained a lacerated cornea and permanent eye disfigurement after being struck by a stick wielded by another child. The plaintiff alleged teacher negligence for failing to sweep the playground for hazards, inadequate intervention when the stick was observed, and improper training of playground monitors.

Coverage

  • Mediated a case involving a homeowner whose residence was destroyed in the Camp Fire. The insurer denied coverage under a vacancy exclusion, as the plaintiff had moved into an elder care facility more than 60 days before the loss. The plaintiff argued the exclusion was inapplicable because the fire occurred within 60 days of the policy’s issuance and further claimed the insurer waived enforcement. She sued the insurance company for bad faith denial and her broker for failing to secure appropriate coverage.
  • Mediated a case involving a UIM claimant who sustained an ankle fracture requiring ORIF and later hardware removal. The key issue was the insurer’s position that its policy excluded losses covered by workers’ compensation, despite the claimant’s prior C&R settlement, with disputes over overlap of recoverable damages.

Subrogation

  • Mediated a case involving a commercial building fire that originated in a boiler and spread beyond the flue pipe. Cause-and-origin experts disputed whether substandard flue installation allowed the fire to reach the roof.

IP Trade Secrets

  • Mediated a case in which a janitorial supplier alleged employees and competitors misappropriated trade secrets and engaged in unfair business practices. The claimed trade secrets were sales data in monthly commission reports, while defendants argued the information lacked economic value and was never used to divert business.
  • Mediated a case involving cross-claims between a former employee and her employer. The employee alleged wrongful termination and retaliation for raising workplace safety concerns, while the employer alleged breach of contract and violation of Penal Code §502 after discovering she had cloned its hard drive upon termination.

Medical

  • Mediated a case involving a plaintiff who developed heparin-induced thrombocytopenia following a MAZE procedure. An alleged delay in diagnosis and treatment led to amputations of the left lower leg, right lower leg, and right lower arm.
  • Mediated a medical malpractice case against an optometrist, where the plaintiff alleged misdiagnosis of eye irritation and improper treatment that led to a fungal infection and ultimately the removal of the affected eye.
  • Mediated a case involving a middle-aged man who was diagnosed with endocarditis and admitted to the hospital. He underwent several echocardiograms that demonstrated various degrees of vegetations growing on valves. He suffered a stroke one week later attributed to septic emboli caused by endocarditis. The plaintiff filed a suit against the family practice doctor, the infectious disease doctor, and the cardiology doctor claiming they should have ordered a follow-up transthoracic echocardiogram consistent with the recommnedation of the consulting cardiothoracic surgeon.
  • Mediated a wrongful death claim against a hospital. A boy was admitted to the hospital with rapidly deteriorating health due to Influenza and MRSA infection. During the medical efforts to overcome this serious illness, a hospital nurse inadvertently administered an excessive dose of epinephrine. The plaintiff (patient's mother) claimed this overdose was a contributing factor to the patient's death. The defendant hospital claimed the "overdose" was fairly quickly discovered and corrected and had no long-term adverse consequence to the patient.
  • Mediated a case involving a middle-aged plaintiff who arrived at the ER with sudden onset lower back pain and severe bilateral leg pain. The patient was admitted to the hospital for administration of steroids and monitoring. Five days later, the plaintiff developed symptoms highly suggestive of cauda equina syndrome. Following an MRI scan perfomed under general anesthesia, she was delivered to an operating room for an L2 decompression. However, she remains essentially paralyzed from the waist down with intractable pain and incontinence. The plaintiff claimed the CES should have been diagnosed early in the hospital admission and an emergency surgery performed, which likely would have prevented CES.
  • Medicated a case involving medical malpractice claims against a cardiologist and a spinal surgeon for failing to diagnose DVT symptoms prior to low back surgery. One day following surgery, the plaintiff experienced DVT and bilateral pulmonanary emboli. The plaintiff has prior history of DVT.
  • Mediated a case involving a plaintiff with a history of gastric bypass surgery who reported to the hospital ER with severe abdominal pain. The CT scan of the abdomen showed a probable internal hernia in the small intestine with evidence of swirl. They ultimately underwent emergency surgery to repair the hernia. It was followed by a complicated medical malpractice litigation against multiple hospitalists and three acute care surgeons.
  • Mediated a case involving a woman with a history of periodic epileptic type seizures who was under the care of the defendant neurologist. The doctor submitted a request to the DMV to reinstate the patient's driving privileges that had previously been revoked following a report by another neurologist. The plaintiff was subsequently involved in an automobile accident in which the plaintiffs' husband and father were killed. A Medical Malpractice claim was made by the plaintiffs against the doctor for failing to report seizure activity to health officials and actively assisting with the reinstatement of the license.
  • Mediated a case involving medical malpractice against an orthopedic surgeon claimed by a boy who sustained an ulna/radius fracture. The doctor did not initially diagnose or treat for a dislocation of the elbow joint. Several months following the fracture, the plaintiff underwent an osteotomy and reduction of the radial head. The plaintiff claimed he was reasonably certain to require future surgery on the elbow. The defendant doctor denied liability and contended that any delay in diagnosis and treatment did not cause additional harm.

Agent and Broker

  • Mediated a professional negligence claim brought against an online insurance broker following denial of coverage for wrongful death claim filed against the insured. The insured claimed he was not made aware that the "assault and battery" exclusion also excluded coverage for negligent supervision/premises liability claim.

Legal

  • Mediated a case involving a physician who lost his medical license after being accused of a sexual relationship with a patient. He alleged his defense attorney—retained and paid by his employer—provided substandard representation in violation of ethical duties. The attorney was insured under a low-limit policy further reduced by fees and costs.
  • Mediated a legal malpractice case arising from failure to file and pursue a federal workers’ compensation claim. Plaintiff alleged fraud, misrepresentation, and sought broad damages, while defendant admitted negligence but disputed liability beyond lost benefits.
  • Mediated a legal malpractice case where the plaintiff alleged his workers’ compensation attorney failed to secure annual disability increases and billed for correcting prior errors, and further alleged his personal injury attorney failed to advise him of an active subrogation claim before settlement. A key issue was the evidentiary limits imposed by the mediation privilege.
  • Mediated a legal malpractice claim brought on behalf of elderly trustor against an attorney for failing to properly amend trust agreement to reflect wishes of the (now legally incompetent) trustor. The claim was that amendment to trust improperly disinherited grandchildren in favor of a niece.
  • Mediated a legal malpractice case brought by an elderly plaintiff who alleged his attorney failed to file a government tort claim in a personal injury matter. He sought damages for medical care, lost income, and future lumbar surgery, while the defense argued comparative fault and preexisting back problems.
  • Mediated a case involving a plaintiff who claimed he believed two attorneys were defending him in a fee collection lawsuit brought by a former lawyer. The matter proceeded to trial, resulting in a tentative decision against the plaintiff.
  • Mediated a case involving a plaintiff who alleged her attorney pressured her into an unreasonably low settlement, violated ethical duties by representing another injured party in the same lawsuit, and delayed distribution of settlement funds.

Breach Of Contract

  • Mediated a case involving a breach of real estate lease/purchase option agreement, where the property owner alleged the lessee’s violations waived his purchase rights. The lessee denied any breach, claiming seller’s remorse and harassment through unnecessary inspections.
  • Mediated a case involving homebuyers who alleged the seller failed to disclose material defects that would have affected the purchase price. The seller relied on disclosure forms and the buyers’ pre-purchase inspection.

Buy/Sell

  • Mediated a case in which buyers of a high-value home alleged the sellers failed to disclose a known material defect that required significant repairs.
  • Mediated a case involving a homebuyer who alleged the seller failed to disclose known water intrusion in the basement, claiming the seller concealed damage by painting over it and hiding other defects behind a wall.
  • Mediated a case involving a homebuyer who alleged the seller failed to disclose material defects, the real estate agent failed to disclose issues she knew or should have known, and the home inspector was negligent in identifying potential flooding and drainage problems.

Landlord/Tenant

  • Mediated a breach of contract case between a dairy farm owner and lessee, with the owner alleging property damage beyond normal wear and tear and the lessee defending that damages were either unproven or consistent with ordinary use.
  • Mediated a case involving a plaintiff landlord who sued the defendant tenant for breach of a written commercial lease agreement.  At issue was whether the vacating tenant properly "held over" following the termination date of the lease and/or whether the tenant owed 200% of the base rent for the period held over. 

Neighbor Dispute

  • Mediated a case involving homeowners who alleged their foundation was damaged by a neighbor’s soil compaction during reconstruction. The work was done by an unlicensed operator using a licensed contractor’s letterhead without consent, and neither carried insurance. The adjoining homeowners were insured, but coverage was far below estimated repair costs, and they disputed causation.
  • Mediated a case involving a heritage tree dispute where the plaintiff alleged a neighbor exceeded permission to trim overhanging branches, causing severe aesthetic and property damage, and sought treble damages. Defendants maintained the trimming was professional and done with full consent.

Property Damage

  • Mediated a combined insurance subrogation and business interruption case involving a high-end restaurant damaged by a kitchen grease fire. The fire occurred days after a professional cleaning company allegedly failed to clean grease from a vent pipe. Multiple subrogation claims were filed, and the restaurant sought multi–seven-figure income losses exceeding policy limits.

Real Property

  • Mediated a case involving a homebuyer who alleged the seller failed to disclose material facts affecting the home’s value. The seller argued the property was sold 'as is' after providing multiple inspection reports, while the buyer claimed he relied on the seller’s misrepresentations in declining his own inspection.
  • Mediated a partition action between two co-owners of residential property, where one alleged the other fraudulently obtained a 50% interest. Both parties expressed willingness to either sell or purchase the other’s share.
  • Mediated a case where the plaintiff claimed the defendant attorney failed to comply with a standard of care during the dissolution of a marriage proceeding. Specifically, the plaintiff claimed the attorney should have secured multiple lis pendens on various properties jointly owned by the couple so as to prevent the sale of properties by the plaintiff's estranged spouse.

Warranty of Habitability

  • Mediated a case involving tenants who vacated a rental home after discovering water leaks and mold confirmed by testing. They sought damages for breach of the warranty of habitability, including rent paid, replacement of belongings, and personal injury from mold exposure.

Assault and Battery

  • Mediated a case involving an intoxicated bar patron who alleged he was pushed and struck by employees, resulting in a fractured leg. He claimed premises liability and negligent training, while the bar denied employee involvement. The insurer defended under reservation, citing an assault and battery exclusion.
  • Mediated a case involving a plaintiff who alleged he was repeatedly struck on the head by a car wash employee without provocation. The employee claimed self-defense and defense of coworkers, while the defendant alleged the plaintiff was intoxicated, disruptive, and became aggressive after being refused a second car wash in the same day.

Catastrophic Injury

  • Mediated a case involving two workers who sustained catastrophic burn injuries and amputations when a scaffold contacted overhead power lines. The construction company tendered its seven-figure policy limits, and mediation focused on allocating the proceeds between the injured workers.
  • Mediated a case involving a middle-aged plaintiff who slipped on animal waste at a rural theme park, sustaining a comminuted trimalleolar ankle fracture. The key liability issue was whether the park should have discovered the hazard, given a six-hour lapse since the last documented sweep.
  • Mediated a case involving a seasoned bicyclist in his sixties who slipped on automobile fluid left on the roadway after an accident. Liability centered on whether the City or County controlled the road and whether a responding police officer was negligent in leaving the scene without ensuring cleanup.
  • Mediated a case involving a plaintiff injured while bouldering at an indoor climbing gym, where he fell six feet onto a hard floor beyond the padded area and sustained multiple fractures. The key dispute concerned the enforceability of the signed waiver and the assumption of risk doctrine.

Elder Abuse

  • Mediated a case involving elder abuse claims on behalf of a 90-year-old woman with dementia who entered an RCFE as a high fall risk. She allegedly fell while ambulating without her required walker, sustained a C1 fracture, and died seven days later.
  • Mediated a wrongful death and elder abuse case involving an 86-year-old woman who died less than a month after entering an RCFE. Plaintiff, her niece and sole heir, alleged she choked on improperly prepared food while unsupervised, contrary to her care plan. Defendant claimed she died of a heart attack and emphasized the niece’s limited contact.
  • Mediated an elder abuse case brought by the heirs of an 85-year-old woman against an RCFE, alleging negligent care that allowed pressure ulcers to develop before her final hospitalization. The decedent ultimately died of cancer-related complications.
  • Mediated a wrongful death case involving a dialysis patient who suffered a C2 fracture after a transport driver failed to secure him and his wheelchair, causing him to fall face-first during an abrupt stop. He died a month later from pneumonia, which his adult children alleged was linked to aspiration difficulties from the fracture. The transport company denied causation.

General Negligence

  • Mediated a case involving an 11-year-old girl bitten in the face by a friend’s dog, sustaining facial lacerations and minor but visible scars. Despite minimal medical expenses and good healing, the case settled for six figures.
  • Mediated a case involving a teenager born without sight, hearing, or speech, and who had a near full spinal fusion and hip fusion, was attending special education school when he was being assisted by a teacher into a mechanical lift from his specially designed chair.  During the standard process for doing so, according to the teacher, she lifted plaintiff from under his arm pits to allow the sling to be placed underneath his torso.  She heard a loud snap in one of plaintiff's legs.  Plaintiff's femur was fractured.  The issue was whether the fracture was spontaneous as the result of severe osteopenia or whether the teacher was negligent in assisting with the transfer. The medical expenses were fairly small because the doctors decided surgery would not be effective to repair the fracture due to severe osteopenia.  The fracture site did develop callous.  The damages issue involved evidence as to the effect this fracture had on plaintiff's quality of life considering his very profound disabilities prior to the accident.
  • Mediated a dog bite case in which the plaintiff sustained a trigger finger fracture to the dominant hand. The defendant asserted comparative fault, alleging the plaintiff failed to avoid close contact with a nearby pickup truck.
  • Mediated a case involving a plaintiff bitten by two dogs owned by tenants of the defendant homeowner. The key disputes were whether the owner knew of the dogs’ dangerous propensities and whether the attack occurred on the property, as plaintiff later claimed, or off-property, as initially reported to ER staff.
  • Mediated a case involving a woman bitten on the leg by the defendant’s dog, causing puncture wounds, a displaced medial meniscus, and an L4-5 disc herniation likely requiring surgery. The defendant argued the dog acted defensively when the plaintiff entered his property, and further claimed she had preexisting back pain with no follow-up care after a prior MRI.
  • Mediated a case involving a property owner who alleged that a gas company and its contractor caused extensive damage to concrete pads, a shared drive, and landscaping while replacing a gas pipeline to his duplex units. The self-represented plaintiff made communication between the parties especially difficult.
  • Mediated a personal injury claim against a well-known motel chain claiming negligence following a vicious dog attack. The owner of the dog was staying overnight at the motel and denied on the registration form that they had a dog. The owner lost control of the dog in the parking lot and the dog attacked another guest for no apparent reason. The dog owner did not have insurance and did not have employment income, along with extensive criminal history. The plaintiff claimed the motel knew, or should have known, that allowing the dog on the premises created an unreasonable risk to other residents.

Personal Injury

  • Mediated a case involving a 55-year-old office administrator/massage therapist who slipped on grease in a big box store, sustaining soft tissue injuries and alleging mild traumatic brain injury with lasting cognitive and neurological symptoms. Medical opinions conflicted between tension headaches and brain injury based on EEG testing.
  • Mediated a case involving a plaintiff who slipped on a wet floor while onsite early to repair computer problems, sustaining a comminuted left wrist fracture that required ORIF surgery.
  • Mediated a case involving an elderly woman who slipped on wet leaves in an apartment complex parking lot, sustaining pelvic fractures and sciatica. She alleged negligence by the property owner or landscaping company in maintaining safe conditions.
  • Mediated a case involving a plaintiff who stepped into a below-ground city-owned water meter box when the lid dislodged. Liability was disputed among the city and three contractors involved in installing the new boxes and lids, with disagreement over why the lid flipped when stepped on.
  • Mediated a case involving a plaintiff who tripped on a bolt left in concrete after removal of a video machine, suffering a severe rotator cuff and shoulder injury. Plaintiff sued five entities, including the franchisor, franchisee, and contractors, for failing to remove or warn of the hazard. The case settled with all defendants contributing.
  • Mediated a case where an old gentleman tripped over a cable that had been placed across his driveway to service his next door neighbor. The cable company had been asked to bury the cable for several months but had not done so at the time of the accident. He sustained a badly damaged shoulder joint that required joint replacement and a neck injury.
  • Mediated a personal injury case involing a child which resulted in a fractured skull and a traumatic brain injury. The plaintiff did remarkably well recovering from the TBI and all indications from parents and teachers was that she was doing well with no obvious residual from the injury. However, neuropsychological testing suggested the plaintiff did have a "profound" executive functioning deficit that, according to the plaintiff's expert, is likely to create difficulties with concentration, focus, and multi-tasking as she ages.
  • Mediated a case where the plaintiff was badly injured when he fell from a 16 foot tall interior ladder. The plaintiff was employed by an independent contractor. He sued the owner of the property and the general contractor under peculiar risk theory claiming exception to privette. The defendants contended that they were not liable for negligence of an independent contractor and that there was a very substantial comparative fault on the part of the plaintiff and his employer in the event of liability.
  • Mediated a case where the plaintiff sustained a fractured wrist and a fractured patella as a result of tripping and falling when her sandal caught on an inch-plus section of the sidewalk. The plaintiff acknowledged she had walked across this section of sidewalk many times without incident and that the dangerous condition was open and obvious, but she was unexpectedly distracted. The evidence was that the cable company that installed the box several years earlier had never returned to inspect the condition of the sidewalk.
  • Mediated a case involving an elderly wheelchair bound woman who was injured while being transported from her home to a commercial establishment. The driver hit a speed bump at too high a speed and the plaintiff was thrown up out of her chair. She sustained two lumbar compression fractures. It was alleged that this incident significantly aggravated the plaintiff's disability requiring 24 hour/day attendant care, and much additional future medical care to alleviate the ongoing severe low back pain.

PI Auto

  • Mediated a case involving a sideswipe collision between a big rig and an automobile. The plaintiff alleged neck and back injuries with herniated discs requiring spinal injections, while the defense argued the injuries were merely an aggravation of prior accident-related conditions.
  • Mediated a case involving a 52-year-old wedding photographer injured in a rear-end collision who developed bilateral carpal and cubital tunnel syndrome. Though still able to shoot weddings, she alleged significant expenses for outsourcing image processing. Experts agreed on diagnosis but disputed whether the accident caused her symptoms.
  • Mediated a motor vehicle–pedestrian accident case in which the plaintiff sustained a knee injury requiring meniscectomy and medial plica resection, along with low back pain treated conservatively. Comparative negligence was disputed.
  • Mediated an underinsured motorist case involving a 40-year-old plaintiff who sustained two herniated cervical discs in an auto accident while working. He received policy limits from the at-fault driver and workers’ compensation benefits. Two surgeons recommended a two-level discectomy and fusion, though surgery had not been performed five years post-accident at the time of mediation.
  • Mediated a case involving a family injured in a high-speed T-bone collision: the father sustained a comminuted distal humerus fracture requiring ORIF, and the mother suffered head trauma resulting in neurogenic headaches.
  • Mediated a case involving a 35-year-old motorcyclist who collided with a left-turning car, with the crash captured on video. Defendant alleged the plaintiff was traveling at twice the speed limit. Injuries included a wrist fracture requiring fusion and aggravation of preexisting PTSD, with the plaintiff claiming permanent disability from mechanical work.
  • Mediated a case involving a 45-year-old man whose car was rear-ended by a big rig, causing substantial property damage and a depressed skull fracture with brain trauma. The key issue was whether his mild TBI had resolved or left lasting personality and cognitive deficits two years later.
  • Mediated a case involving a drunk driving accident where a husband and wife each sustained fractured arms, and the wife alleged a disabling traumatic brain injury requiring ongoing care. Plaintiffs claimed the driver was acting within the course and scope of employment, while defendants disputed both course and scope and the existence of brain trauma.
  • Mediated a case involving a 62 year old plaintiff, a surgical assistant, was involved in a rear end collision.  The defendant driver was intoxicated and conceded liability.  Plaintiff fractured her non-dominant arm and required internal reduction and fixation.  She has some residual restricted range of motion.  In addition, plaintiff claimed she sustained a mild traumatic brain injury that disabled her from continued employment.  Plaintiff claimed the driver was in the course and scope of his employment at the time of the accident since he had received notice of a work assignment for the following morning, was driving a company owned truck, and was on his way home to pick up his company assigned IPad for work the following morning.
  • Mediated a case involving a plaintiff who sustained a mild TBI and lumbar disc injury after being struck by a car in a shopping center parking lot. Plaintiff alleged the lot was dangerous due to an inoperable overhead light. Defendant argued inspections showed all lights working 11 days earlier, and although a nearby light was later found defective, it did not contribute to the accident.
  • Mediated a three-vehicle accident case involving one fatality and four personal injury claims. With a $250/500 policy limit, the defendant sought a global $500,000 settlement, and mediation focused on allocation among the plaintiffs. The matter was resolved after extensive negotiations.
  • Mediated an auto–bicycle collision case involving a 55-year-old professor struck by a DUI driver. The plaintiff sustained a traumatic brain injury requiring a permanent ventriculoperitoneal shunt and was also diagnosed with PTSD.
  • Mediated a case involving two plaintiffs injured in multiple-car accidents, each blaming the other as well as a third party. Both plaintiffs filed cross-suits, and each was represented by two attorneys.
  • Mediated an underinsured motorist case involving a 65-year-old man whose car was struck at low speed on the driver’s side. He claimed neck and shoulder injuries and underwent arthroscopic surgery for capsulitis and adhesions, after receiving $15,000 in third-party coverage.
  • Mediated a case involving a 69-year-old woman injured in an auto accident who sustained facial, chest, and abdominal bruising but required limited care beyond the ER. The dispute centered on whether the provider’s itemized ER charges were reasonable and necessary, which largely drove case value.
  • Mediated a case involving a plaintiff who abruptly slowed to exit a freeway and was rear-ended by a big rig after another car swerved to avoid him. Three years later, he underwent a two-level cervical disc replacement. Defendant argued the surgery was due to preexisting degeneration rather than the accident.
  • Arbitrated an underinsured motorist claim where the plaintiff sustained neck, shoulder, and back sprains. While liability and economic damages were stipulated, the unique claim was for heightened emotional distress, as her injuries prevented her from caring for her severely disabled father with dementia, who died two months later.
  • Mediated a case involving a plaintiff injured in a moderate rear-end collision who developed low back and leg pain and later underwent SI fusion, incurring significant unpaid medical bills. The defense examiner opined the plaintiff only sustained soft tissue injuries and that surgery was unrelated to the accident.
  • Mediated a case involving a low-speed rear-end collision in which the plaintiff reported new shoulder and neck pain and underwent arthroscopic labrum repair and two-level cervical fusion. The defendant disputed causation, arguing such injuries could not result from a minor impact.
  • Mediated a pre-litigation case involving a pickup driver struck by a commercial truck, causing substantial vehicle damage. Liability was admitted, but disputes centered on medical expenses after surgery performed 18 months post-accident and the plaintiff’s claim for a future surgery.
  • Mediated a case involving a highway rear-end collision where the plaintiff alleged the defendant suddenly changed lanes from an exit-only lane at too slow a speed to avoid impact. The defendant denied a lane change and blamed plaintiff’s inattention. Claimed injuries included CRPS, a right hip replacement, and aggravation of lumbar degeneration.
  • Mediated a case involving a man in his thirties rear-ended by the defendant, sustaining injuries that required a two-level cervical discectomy and disc replacements with good results. Disputes centered on recoverable medical expenses, future care, and compensation for pain and potential disability given his young age.
  • Mediated an underinsured motorist case involving two accidents occurring within two weeks, where the plaintiff alleged aggravation of degenerative disc disease and sought surgery based on a spinal surgeon’s recommendation. The respondent countered with prior MRIs showing nearly identical degenerative changes pre-dating the accidents.
  • Mediated an underinsured motorist case involving a plaintiff already on disability for chronic CRSD who sought compensation for a T12 compression fracture. The respondent relied on traffic camera footage showing the collision was minimal impact.
  • Mediated a case involving a police officer who sustained arm and heel fractures in a head-on collision and claimed forced early retirement due to lasting limitations. The defense cited a QME report from his workers’ compensation case disputing disability, and a substantial workers’ comp lien was at issue.
  • Mediated a case involving an older male lifeguard who fractured his calcaneus in an auto accident, requiring ORIF. Ongoing pain led to a scheduled subtalar fusion, with nine months of lost work from the first surgery and anticipated equal time off for the second.
  • Mediated a case involving a parking lot collision where liability was disputed and comparative fault alleged. Plaintiff claimed aggravation of preexisting concussion symptoms, supported by expert testimony on heightened susceptibility from prior concussions. Defendant argued the impact forces were insufficient and post-accident evaluations showed no concussion.
  • Mediated a case involving a plaintiff who struck his head against a window in a motor vehicle accident, alleging mild traumatic brain injury with memory loss, word-finding difficulty, chronic headaches, and depression. Claimed damages included extensive future medical and psychiatric care.
  • Mediated a 'minimal impact' rear-end collision at a gas station, where the plaintiff was reaching into her purse at the time of impact. Despite only bumper dimpling, she alleged the accident caused shoulder surgery years later and bilateral lumbar facet arthropathy requiring ongoing nerve ablations.
  • Mediated a case involving a driver struck by a full-size pickup in a controlled intersection. Defendant admitted liability, while plaintiff alleged neck, back, and shoulder injuries, a ruptured breast implant, possible TBI, and significant income loss from her dog grooming business. Defendant disputed all but soft tissue injuries. Mediation occurred pre-depositions and before defense medical exams.
  • Mediated a case involving a bicyclist struck in a designated lane by a county sheriff’s deputy making a rapid turn to respond to a call. The deputy claimed she was unaware she hit the plaintiff until later returning to the scene. The avid cyclist sustained multiple rib and pelvic fractures and aggravation of preexisting orthopedic injuries.
  • Mediated a case involving a middle-aged woman in a minor rear-end collision with a corporate big rig. After years of conservative care for chronic neck and arm pain, she underwent a two-level cervical disc replacement, incurring substantial medical bills without insurance. Defendant disputed causation, arguing the surgery was unrelated to the minor impact.
  • Mediated a case involving a woman with preexisting degenerative disc disease who was sideswiped in a minor collision. She alleged the crash caused a cervical herniation requiring a three-level discectomy and fusion. While her surgeon supported causation, the defense medical examiner disputed it.
  • Mediated a case involving a big rig driver who alleged a severe aggravation of preexisting lumbar pain after his truck was struck by an excavator arm. He later underwent a two-level lumbar discectomy and claimed significant past and future income loss, with a substantial workers’ compensation lien also at issue.
  • Mediated a case involving a plaintiff was rear-ended by a pickup truck at a moderate speed. Her primary claim of injury was to her sacroiliac joint. X-rays and an MRI scan did not show any pathology in the area but examination and subjective symptoms suggested a possible joint separation. Ultimately, the plaintiff was evaluated by a pain medicine specialist who diagnosed sacroiliitis and recommended a nerve ablation. At the time of the mediation, the plaintiff had not undergone the ablation and it was unclear whether she would ever elect to do so, choosing instead to manage her chronic pain.
  • Arbitrated an uninsured motorist claim involving a plaintiff with preexisting fibromyalgia, alleged to have been aggravated by the accident, along with new neck and back injuries.
  • Mediated a case involving a middle-aged plaintiff in a moderate rear end automobile collision who claimed mild traumatic brain injury following a short loss of consciousness. In the following days she noticed difficulty verbally expressing her thoughts. The plaintiff was referred to speech therapy where she was taught various strategies to limit the dysfunction. The plaintiff still experiences this "disconnect" two years post-accident. The defense-retained neurologist opined that the plaintiff experienced post-concussion syndrome, but fully recovered within 6 months and any ongoing speech issues are caused by preexisting issues.
  • Mediated a case involving a plaintiff who was involved in a major automobile collision. His injuries included a fracture of tibial plateau and torn meniscus. The knee pain continued followed surgical repair and he had a total knee replacement two years after the accident. The defendant conceded the causation as to the knee injury, but disputed that the neck and back disc herniations were caused by the accident. The defendants also disputed the reasonableness of the medical expenses as to the amounts and the necessity for obtaining medical care from providers outside of his insurance coverage.
  • Mediated a case involving a motor vehicle collsion between the plaintiff's car and a heavy duty commercial truck. The liability issue was whether it was reasonable for a truck to drive to a cross rural road intersection after observing the plaintiff's oncoming car. There were very serious injuries to the husband/father including a burst fracture L4 vertebrae with subsequent failed multi-level fusion and likely a need for a high risk revision surgery.
  • Mediated a case involving a defendant automobile sales dealership who gave permission to a sales person to take the dealer owned car home to show to a potential buyer. The potential buyer declined purchase. The following evening the salesperson drove the car while intoxicated.  The salesperson collided with the plaintiff on a motorcycle and then fled the scene. The plaintiff also sued the dealer for liabilty on theories of permissive use, negligent entrustment, and respondeat superior. 

PI Bicycle

  • Mediated a case involving a bicyclist who crashed over the door of a double-parked Uber vehicle as the passenger exited. Plaintiff disputed whether hazard lights were on, while the driver claimed they were activated.
  • Mediated a case involving a bicycle vs. bicycle collision on a park bike path. The plaintiff claimed the defendant made a right turn in front of her as the plaintiff was beginning to pass the defendant on the right side. The defendant claimed the plaintiff did not announce her presence behind her and that she was passing the defendant on the right side.

Premises Liability

  • Mediated a case involving a 40-year-old plaintiff struck on the shoulder by a falling toolbox at a big box store. With a history of prior dislocations, he alleged increased daily pain, equivocal MRI findings, and need for labrum/rotator cuff surgery not yet performed. As a self-employed installer, he claimed economic loss from hiring workers to cover tasks he could no longer perform.
  • Mediated a wrongful death case involving a wife and child killed by snow shedding from a metal roof. The mediation focused on one peripheral defendant and negotiating terms, including payment, under which the plaintiff would not oppose a summary judgment motion.
  • Mediated a case involving a 7-year-old plaintiff who sustained a degloving injury to her big toe when a heavy drainage grate fell on her foot, with claims brought against the school district and parks and recreation district.
  • Mediated a case involving a 7-year-old girl who suffered a little toe amputation from a loose light fixture in a public swimming pool. Claims alleged a dangerous condition created by the public entity and pool contractor, with additional emotional injuries, including OCD, attributed to the trauma.
  • Mediated a case involving a 65-year-old woman who tripped on a rolled carpet edge near grocery carts in a big box store, an incident captured on security video and corroborated by witnesses. She sustained a shoulder fracture with adhesive capsulitis, required extensive physical therapy, and missed nearly a year of work as a See’s Candy store manager.
  • Mediated a case involving a 65-year-old man who tripped at night over a fallen tree limb in his HOA community after warning the association about a hazardous oak tree. He sustained multiple rib fractures and a punctured lung, with complications from Coumadin use requiring ICU care. Plaintiff alleged lasting breathing difficulties and increased CPAP dependence two years post-accident.
  • Mediated a case involving a mother and son were injured when the outside deck of their apartment collapsed while they were standing on the deck.  Mother claimed she suffered a herniated cervical disc and a spinal surgeon had offered to repair the disc with a fusion.  As of the date of the mediation (four years post-accident), mother had not undergone the surgery claiming she was having difficulty obtaining financing to pay for the surgery; she was a MediCal recipient.  Defendant claimed plaintiff has significant multi-level pre-existing degenerative changes in her cervical spine, that any surgery would be to repair a pre-existing problem, and that mother was not going to have the recommended surgery in any event.  The mother was making a substantial loss of income claim since she has not been able to return to work as an at-home care giver. Son suffered at least a sprained ankle and emotional distress.  He claimed his ankle continues to cause occasional pain and prevents him from actively participating in sports. Both plaintiffs also were making lack of habitability claims against the owner of the apartment complex.
  • Mediated a case involving fire damage that destroyed an apartment unit, with disputed origin and cause. Plaintiff alleged PTSD from the incident led to substantial past and future income loss.
  • Mediated a case involving a plaintiff who tripped over protruding rebar at a home goods and construction store, sustaining a comminuted patella fracture requiring ORIF. The defendant argued the condition was open and obvious, while the plaintiff alleged ongoing pain and restricted motion limiting her prior activity level.
  • Mediated a case involving claims of private nuisance and negligent infliction of emotional distress against property owners whose adult son repeatedly harassed the plaintiff over many years. The son, a multiple felon, was threatening to both the plaintiff and his parents. Plaintiff alleged the parents should have evicted him and claimed PTSD as a result of the harassment.
  • Mediated a case involving a preacher electrocuted when a TV antenna pole on an RV contacted an overhead power line, causing burns and amputations of both hands and one foot. Plaintiff sought future medical costs in the eight-figure range, while the defendant public entity denied liability.
  • Mediated a case involving a plaintiff who slipped on alleged black ice in a commercial parking lot depression, suffering a dislocated hip replacement, rotator cuff tear, aggravated knee degeneration requiring arthroscopy, and bladder stimulator damage causing permanent incontinence. Multiple defendants each blamed the other for the pavement defect.
  • Mediated a case involving a toddler struck by a heavy barn door that fell off its tracks after a residential remodel by a DIY program. The child sustained brain trauma requiring four days of hospitalization, with disputes over potential long-term cognitive and executive functioning deficits.
  • Mediated a case involving a woman in her seventies who tripped on church steps and alleged the lack of a center handrail created a dangerous condition. The church had ordered a center rail before the fall but installed it afterward. She sustained a leg laceration and claimed aggravation of preexisting back, leg, and shoulder pain.
  • Mediated a case involving a motocross spectator who was struck in the head by a fence post after a rider lost control and crashed into the fence. He sustained facial injuries and a herniated cervical disc requiring surgery. Plaintiff alleged the promoters failed to provide adequate fencing and warnings to protect spectators.
  • Mediated a negligence case against a pedicurist who nicked one of the plaintiff's toes with a sander. One month later, the plaintiff was diagnosed with a MRSA staff infection localized to base of the foot near a callous. The primary dispute involved causation of the staph infection with experts retained by each side offering opposing opinions as to whether unsanitary conditions allegedly practiced by the pedicurist were the source of the bacteria.
  • Mediated a case involving a plaintiff who fell into a large, deep hole dug on his propoerty by the defendant preliminary to installing a new power pole. The plaintiff was unable to extract himself and had to wait several hours for a family member to help him. The plaintiff sustained a severe femur fracture, a torn quadriceps, and ultimately a lumbar disc fusion, resulting in a long hospital stay.
  • Mediated a case where the plaintiff was struck on the head by a piece of 2x4 lumber that purportedly fell off a temporary screen erected around a building demolition site. The defendants were the owner of the demolished building and the project manager, each of whom denied knowledge that the screen support was in any way dangerous. The plaintiff claimed the blow to her forehead caused minor brain trauma. Despite many forms of treatment, and negative imaging studies, the plaintiff continued to experience subjective symptoms consistent wth a mild TBI.
  • Mediated a case involving a plaintiff who was a mental health counselor who accommpanied her client to the local ER for evaluation of abdominal pain. While waiting for medical care, the client suddenly and without warning physically attacked the plaintiff. The plaintiff claimed the hospital was liable for allowing the attack to occur and not "red-flagging" the client, whom she learned after the incident had engaged in similar conduct at the hospital on prior occasions.
  • Mediated a complex, multi-party case involving four plaintiffs, including two insurance carriers, seeking damages and subrogation for losses caused by a fire. The fire originated on a property owned by the defendant, who was held liable for the negligence of a judgment-proof third party. There was a global settlement with limited insurance money available and a coverage dispute.
  • Mediated a case where a commercial property owner claimed a paving company used the wrong asphalt formula, causing the surface to remain wet and sticky. A customer and store clerk slipped and fell while walking across the lot. The paving company denied liability, asserting the asphalt was appropriate and the store owner failed to keep customers off the surface until it cured.

Product Liability

  • Mediated a case involving a man in his forties who alleged a Lisfranc fracture caused by a defective motocross boot that split during a turn, requiring three surgeries culminating in a fusion. Defendant denied the boot was defective and argued the injury was solely due to forces on the foot.
  • Mediated a case involving a plaintiff who underwent a three-level cervical disc replacement in Germany. One implant allegedly failed within two years, leading to removal and cervical fusion. Plaintiff claimed the implants were defective. Key issues included choice of law and proof challenges, as the prosthetic discs were not retained by the subsequent surgeon.
  • Mediated a case involving a toddler who sustained a forearm laceration when a glass shower door shattered after its roller mechanism failed. Defendants included the supplier and installer, though the door parts had been discarded on the day of the accident.
  • Mediated a product liability case involving a woman who slipped on a manufactured deck surface alleged to be excessively slippery. Experts disputed whether the boards met slip-resistance standards and how to interpret slip meter readings. Plaintiff sustained ankle and femur fractures requiring ORIF and claimed osteoporosis and celiac disease contributed to an additional stress fracture in the opposite foot.
  • Mediated mutual subrogation actions between fire insurers involving product liability claims against a battery pack manufacturer. Issues included alleged intentional spoliation of evidence, comparative fault of the insureds, and conflicting expert opinions on fire origin and cause.
  • Mediated a case involving a middle-aged man whose glove was caught on a metal extension of a modified cement mixer, pulling him under and causing an ankle fracture. The mixer had been rented from a company that added a custom hatch with the protruding metal piece.
  • Mediated a case involving a plaintiff severely injured in a high-speed rear-end collision who alleged her seat back failed, causing her to be thrown unconscious into the back seat. The product liability claim against the manufacturer focused on defect and causation issues.

Wrongful Death

  • Mediated a wrongful death case for a 13-year-old son and 17-year-old daughter after their father was killed in a motorcycle–auto collision. Defense alleged he was traveling 90 mph in a 55 zone and noted his history of drug abuse and tenuous relationship with his children.
  • Mediated a case involving adult children of an 88-year-old RCFE resident who alleged negligent care led to pressure ulcers requiring hospitalization. The case was complicated by her concurrent terminal cancer diagnosis and death one month later. Claims included elder abuse, wrongful death, and bystander emotional distress.
  • Mediated a wrongful death case brought by two adult daughters after their 87-year-old mother was fatally injured when knocked down by a fleeing robber at a drugstore. Plaintiffs alleged the store failed to implement adequate security measures and that an employee violated policy by chasing the suspect inside the store.
  • Mediated a wrongful death case brought by a wife and two adult children after the decedent died from pneumonia following a three-level cervical discectomy performed 18 months after a motor vehicle accident. Plaintiffs alleged the surgery was necessitated by aggravation of preexisting degenerative disc disease, while defendants denied the accident caused the neck and arm pain requiring surgery.
I appreciate him taking the time to speak with the carrier presentative and work to address her points.
- Attorney on a Premises Liability case
Brad Thomas is a fantastic mediator. Every case I have referred him has settled at the maximum dollar.
- Attorney on a Property Damage Fire Case
Mr. Thomas did a fabulous job.
- Attorney on a Premises Liability Mediation Day case
Brad did a great job communicating with the client and listened to the concerns regarding the process without being judgmental.
- Attorney on a Personal Injury Auto Matter
He’s very smart, gets to the heart of the issues and his no nonsense approach had respect of clients and lawyers in the room. Great demeanor. He’s willing to and is following up on the case to try to resolve it.
- Attorney on a business/contractual dispute
I was pleasantly surprised with Mr. Thomas. He came into the mediation fully prepared by closely reviewing our mediation brief. He was entirely up to speed on the complex legal issues of the case, as well as our client's damages and likely necessary future care. He exerted pressure on both sides to reach a resolution and did a fantastic job getting the parties to a meeting of the minds. He quickly got to the heart of the matter, each side's potential risks if a settlement was not reached, and did a fantastic job of resolving the claim.
- Attorney at a Top Ranked Personal Injury Firm
Brad worked really hard to understand each side's perspective and used his best powers of persuasion to achieve a compromise.
- Claims Specialist For an Insurance Company
This is my 5th mediation with Bradley Thomas. He is consistently skilled, patient, and creative.
- Attorney on a Product Liability case
Bradley S. Thomas, Esq.
Based in Northern California | Available in All of California
Case Manager: Angela Lamarre