Thomas P. Burke, II

Partner

Thomas P. Burke, II  is a highly respected trial and appellate attorney who has actively practiced law since graduating from the University of Arizona, College of Law in 1984. Mr. Burke has had success for many clients (individuals, companies, and governmental agencies) in a variety of cases in both trial and appellate courts and at the state and federal levels. Tom’s practice is primarily in tort matters which includes serious personal injury, wrongful death, insurance claims, product liability claims, premises liability claims, motor vehicle claims (automobile and trucking), liquor liability claims, and governmental claims. Tom is involved in various attorney associations, having served on the boards of a state organization and two national organizations, and has been a seminar speaker on many trial practice topics. In 2012, Tom was the only nominee in the state of Arizona to the prestigious American College of Trial Lawyers where he was inducted as a ‘Fellow” in 2013.

Representative Matters:

Insurance Coverage

• Successful defense, in trial and appellate courts, of CGL insurer denying claims of insured arising out of professional practice (law firm).
• Successful defense, in trial court and appellate courts, of casualty insurer limiting wrongful death survivor claims to “per person” coverage.
• Successful establishment of liability coverage under business vehicle policy where insured transferred interest in commercial vehicle before loss.
• Successful establishment for home owners association (HOA) for liability coverage arising out of fire loss claims.
• Numerous coverage opinions involving CGL, professional liability and personal automobile and home policies.

 

Insurance “Bad Faith” Litigation

• Defense verdict in jury trial arising out of denial because of non-payment of premium.
• Defense verdict in jury trial arising out a significant business claims (equipment, business income and interruption) from water damage.
• Defense verdict in jury trial arising out of significant home and personal property claims from fire damage.
• Favorable verdict in jury trial arising out of denial of medical payment benefits.
• Defense verdict in jury trial arising out of denial of coverage for reported theft of vehicle.
• Summary judgment ruling denying coverage and “bad faith” arising out of denial of life insurance benefits.

 

 Premises Liability

• Defense verdict in jury trial arising out of fall by 82 year old who fractured wrist and lost a kidney.
• Favorable verdict in jury trial arising out of dog attack in which 11 year old lost half an ear.
• Summary judgment ruling denying significant injury claims arising out of dog incident in a dog park.
• Favorable resolution of claims against owner of Section 8 housing project.

 

Product Liability

• Defense verdict in jury trial of wrongful death claims against manufacturer of concrete batch control system.
• Favorable resolution for tire manufacturer in numerous cases involving serious injuring arising out of various alleged defects.
• Favorable resolution for materials supplier in claims of defects in Section 8 housing development.
• Favorable resolution for beryllium producer of claims involving chronic beryllium disease (CBD).

 

Dram Shop Liability

• Favorable verdict in jury trial arising out of allegations of over service and service to a minor.
• Numerous favorable resolutions for various licensed establishments in claims of over service of alcohol.

 

Professional Liability-Malpractice

• Favorable resolution of legal malpractice claims arising out of underlying wrongful death claim.
• Favorable resolution of legal malpractice claim arising out of underlying insurance claim.
• Favorable resolution of medical malpractice claim arising out of obstetrics.
• Favorable resolution of medical malpractice claim arising out of eye surgery.
• Favorable resolution of design malpractice claim in construction of hotel.

 

Governmental Liability

• Defense verdict in jury trial arising out of a 17 year old rendered paraplegic from alleged road design defects.
• Defense verdict in jury trial arising out of wrongful death claims from alleged road design defects.
• Favorable resolution of wrongful death claim arising out of collision between responding officer and decedent.
• Favorable resolution of case involving claims of road design defects causing collision resulting in plaintiff become paraplegic.
• Favorable resolution of case involving both wrongful death and serious bodily injury from alleged road design defects.

 

Trucking Liability

• Defense verdict (twice) in jury trials arising out of largest “pile-up” in Arizona history.
• Defense verdict in jury trial arising out of multi-vehicle freeway collision in which plaintiffs claimed serious injuries and significant damages.
• Favorable verdict in jury trial arising out of serious injuries following two truck collision.
• Favorable verdict in jury trial arising out of alleged mishandling of transported property.

 

Education:

University of Arizona, College of Law (J.D., 1984)

University of Arizona, (B.S. Political Science and Economics, 1981)

 

Admissions & Memberships:

State Bar of Arizona                                              American College of Trial Lawyers, Fellow

U.S. District Court of Arizona                             Defense Research Institute, (Board of Directors: 2001 Present) 

U.S. Ninth Circuit Court of Appeals                   Association of Defense Trial Attorneys (Executive Council 2004-2007)

State Bar of California (pro hoc vice, only)       Arizona Association of Defense Trial Attorneys

Arizona Association of Defense Counsel United States, (President 1998-1999, Board of Directors 1989-2000)

Published Appellate Decisions (separate from numerous “memorandum” decisions):

• Lennar Corporation v. Transamerica Insurance Company, 227 Arz.238, 256 P.3d 635 (2011)
• Johnson v. State of Arizona, 224 Ariz. 554, 233 P.3d 1133 (2010)
• Lennar Corporation v. Auto-Owners Insurance Company, 214 Ariz. 255, 151 P.3d 538 (2007)
• Country Mutual Insurance Company v. Fonk, 198 Ariz. 167, 7 P.3d 963 (2000)
• Grand v. Cigna Property and Casualty Company, 172 Ariz. 419, 837 P.2d 1154 (1992)
• Higgin v. Fireman’s Fund Insurance Company, 160 Ariz. 20, 770 P.2d 324 (1989)
• Green v. Mid-America Preferred Insurance Company, 156 Ariz. 265, 751 P.2d 581 (1987)
• Superior Companies v. Kaiser Cement Corporation, 152 Ariz. 575, 733 P.2d 1158 (1986)

Presentations & Publications:

• Co-author, Hindsight is 20/20: Subsequent Remedial Measures in Litigation, For the Defense, September 2011
• Multiple “in house” coverage presentations to various insurers
• Speaker, First Party Arbitration – A Defense Perspective, Arizona Trial Lawyers Association Seminar
• Speaker (twice), Direct and Cross-Examination of Expert Witnesses, State Bar of Arizona Trial College
• Moderator, Panel Presentation – Direct and Cross-Examination of Expert Witnesses, American College of Trial Lawyers, Arizona Chapter

 

Community Involvement:

Little League, St. Francis Boys and Girls League

Arizona Youth Soccer Association (AYSA)

Arizona Thunder Girls Basketball

St Francis Xavier School, Head coach Boys & Girls Basketball