Name

THOMAS E. SHARKEY, ESQ.

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THOMAS E. SHARKEY, ESQ.

Available in San Diego, Southern California
Available for Mediation, Arbitration, and Private Judging assignments

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Introduction

Thomas Sharkey has been an active trial lawyer for over 50 years, handling a wide variety of cases in state and federal court. During his career, he has tried hundreds of cases, including personal injury, products liability, professional negligence (legal, medical, dental, accounting, real estate), insurance bad faith and insurance coverage, construction, employment, real estate, securities, aviation and business/commercial matters. He began his Alternate Dispute Resolution (ADR) practice in 1989, focusing on mediations, arbitrations, and serving as a special master in complex matters as well as a discovery referee. He has extensive mediation training including the Advanced Mediation Workshop at Pepperdine University. He has served as a Judge Pro Tem in the San Diego Superior Court. He has successfully mediated over 2,700 cases and has served as an arbitrator in approximately 75 cases in a wide variety of matters.

Specialties

Hobbies & Interests

When not working as an ADR professional or engaged in various legal bar association activities, Mr. Sharkey enjoys spending time with his family (wife, children and grandchildren), reading (history and biographies), investing (stocks/bonds/real estate), personal fitness (home gym) and flying private airplane (private pilot/instrument rated).

Testimonials

Mr. Sharkey has a good even handed approach and calm demeanor.
- Attorney, Santa Ana, CA

Experience Summary

Legal Career

ADR Neutral (2000 - present)
Higgs Fletcher & Mack (of counsel) 1999-2000
McInnis Fitzgerald Rees Sharkey & McIntyre (partner) 1968-1999
Hewitt Klitgaard McMahon & Sharkey (partner) 1963-1968
Dattan Sharkey & Peterson (partner) 1960-1963

Education & Professional Affiliations

San Diego Defense Attorneys Association
Southern California Defense Counsel
Licensed California real estate broker
Licensed private airplane pilot, instrument rated
Master, Enright Inn of Court (member Board of Directors)
Fellow, American College of Trial Lawyers, 1981 to present
American, California and San Diego County Bar Associations, 1960 to present
American Board of Trial Advocates (ABOTA), advocate, 1967 to present
ABOTA, member national Board of Directors, 2000-2005
Law school, University of San Diego, J.D. (summa cum laude), 1959
Undergraduate, San Diego State University, B.S. Business/economics, 1954
Consumer Attorneys of San Diego (President 1963)

Achievements & Awards

San Diego Law Library Foundation Witkin Award for Excellence in Practice of Law (2014)
Best Lawyers in America (1995-2015)
Consumer Attorneys of San Diego Trial Lawyer Hall of Fame (2010)
Honorary Order of Coif, USD School of Law (2010)
San Diego Business Journal Who's Who (1998)
Daniel T. Broderick III Memorial Award for Civility, Integrity and Professionalism (1990)
San Diego Defense Lawyers Award of Recognition (1987)
USD School of Law, Distinguished Alumnus (1978)

Legal Experience

Employment
Mass Torts/Catastrophic Injuries
Business/Commercial
Professional Negligence
Insurance
Real Property
Construction defect
Elder Abuse
Aviation
Special Master/Discovery Referee
UM/UIM - Uninsured and Underinsured Motorist

Representative Case Information

Recent Representative Cases

Business/Commercial

Aviation

Mediator in crash of turboprop aircraft resulting in multiple deaths
Mediator in crash of private aircraft on final landing approach due to wake turbulence/pilot error resulting in death of pilot and severe injuries to passenger
Mediator in crash of private aircraft due to icing resulting in death of pilot and passenger
Mediator in crash of private aircraft in Mexico resulting in two deaths and injuries to two passengers
Mediator in case involving wire strike by helicopter on pleasure flight at Catalina resulting in two severe injuries
Mediator in case involving helicopter crash during training flight resulting in death of pilot and severe injury to student

Complex Commercial

Discovery master and mediator in complex suit by multiple plaintiffs against title insurance company regarding sale of condominium units

Contractual

Mediated multi-million-dollar business dispute between competing international travel agencies
Arbitrated high-stakes business dispute involving termination of CEO and buyback of CEO's stock in computer software LLC dissolution

Construction

Construction Breach Of Contract

Discovery referee in construction defect case regarding multi-million-dollar residence and claims against general and sub-contractors involving indemnity and additional insured insurance issues

Employment

Labor Code

Arbitration of a wrongful termination dispute of a vice-president of a for-profit university who alleged retaliation for his whistle-blower complaint re: violations of Dodd-Frank and Sarbanes-Oxley statutes.

Wage and Hour

Served as mediator and arbitrator in numerous cases involving claims of wrongful termination, sexual harassment/retaliation, wage and hour, meal breaks, rest breaks and PAGA claims

Insurance

Bad Faith

This is a bad faith case against an insurance carrier for failing to provide coverage for loss to an apartment building HOA under the "additional collapse" coverage of the policy

Coverage

Mediated damage and bad faith claim by the insured against insurer for damage to building caused in a fire and insurer's claim of policy rescission because of alleged policy application misrepresentations by the insured.

Intellectual Property

IP Trade Secrets

Mediated a dispute between employer and former employee regarding claims of wrongful termination, unfair competition, and misappropriation of trade secrets in violation of California Uniform Trade Secret Act.

Probate

Mediated dispute between tenants-in-common owners of large office/commercial property

Professional Malpractice

Medical Malpractice

Discovery referee in medical malpractice case against hospital and physicians

Professional Malpractice Legal

Discovery referee in complex suit to collect multi-million-dollar judgment involving claims of fraudulent transfer of property and alter ego claims

Real Estate

Breach Of Contract

Arbitrated suit seeking rescission/damages between seller and purchaser/developer of parcel of raw land

Real Property

Special master in case involving closure of 500-unit Mobile Home Park by City of San Diego and payments of benefits pursuant to MRL law

Tort

Catastrophic Injury

Mediator in case of multiple injuries and deaths resulting from collapse of construction canopy over sidewalk involving complex primary/excess insurance issues
Mediated case against public entity for dangerous road condition when car ran off road while traversing a curve resulting in catastrophic injuries to passenger

Civil Rights

Mediated complex case including seven-figure claim for damages by student expelled from university for alleged cheating in an examination which was reversed by the appellate court on petition for writ of mandamus on due process grounds.

Elder Abuse

Served as mediator and arbitrator on numerous cases involving claims of elder abuse/financial abuse against health-care providers

General Negligence

Mediated case involving serious injuries to a passenger on a "party bus" returning from a wine-tasting trip when passenger was dancing on the moving bus. The legal issue involved whether a "party bus" is a common carrier or a private charter.

Malicious Prosecution

Mediator in numerous malpractice cases against doctors, hospitals and lawyers alleging negligence and breach of standard of care

Personal Injury

Mediator in case involving injuries to pilot and student against aircraft rental company
Mediated and arbitrated numerous UM/UIM cases

Premises Liability

Mediated case against public entity and its subcontractor when trolley passenger fell at construction site and was injured resulting in paraplegia, including complex primary/excess insurance issues

Product Liability

Discovery master and mediator in complex product liability suit against medical device manufacturer and malpractice claim against physician who used the device during surgery
Discovery master and mediator in 500 coordinated cases regarding claims against medical device manufacturers including complex primary/excess insurance issues

Neutral Profile