Tom Scully is an experienced trial attorney who has successfully tried or arbitrated more than 75 cases during his 30+ year career. His primary practice is in environmental litigation with a focus on product liability, premises liability and toxic tort defense. He also has extensive experience in defending physicians and other healthcare providers in cases alleging medical malpractice and defective medical devices. Prior to joining the firm, he spent 16 years specializing in healthcare law.
Tom was a member of the trial team featured on the Daily Journal’s 2015 Top Defense Results for its win in Macpherson v. Pace.
From 2013 to the present, he has been selected to the prestigious Southern California Super Lawyers list. Tom is also Martindale Hubbell AV rated.
- Plaintiff v. Auto Insurance Company – Represented the defendant in an admitted liability case involving a car accident with disputed costs involving past and future medical treatment and loss of earnings. After trial, plaintiff was awarded 10 percent of his final 6-figure demand.
- Bercher v. Various Defendants – Defended an equipment manufacturer in a living mesothelioma case of a 73-year-old retired machinist who claimed exposure to asbestos while servicing auxiliary turbines. After a three-week trial, the jury voted in favor of defendants on the design defect question, but was unable to reach a verdict on plaintiff’s negligence claim. The jury was not persuaded that client had breached any duty, and the case concluded in a mistrial. Our client resolved favorably prior to the retrial.
- Buccola v. Various Defendants – Successfully secured a defense verdict by jury for a manufacturer of construction-related materials in a wrongful death case venued in Los Angeles Superior Court, involving a decedent who suffered from mesothelioma.
- Cummings v. Various Defendants – Non-suit granted for defendant in an asbestos-related lung cancer case of a 67-year old former smoker. Plaintiff claimed to have been present during repairs to equipment manufactured by our client. At the conclusion of the plaintiff’s case in chief, the court found that the plaintiff failed to present any evidence that would satisfy his burden to show that our client’s product was a substantial factor in causing his alleged disease.
- Easter v. Kaiser – Obtained a defense judgment award on behalf of a health maintenance organization alleged to have negligently failed to prevent the decedent from committing suicide.
- Evans v. Kaiser – Non-suit awarded to defendant HMO in medical malpractice case alleging failure to diagnosis and treat cancer.
- Fuentes v. Kaiser – Obtained a defense award on behalf of a health maintenance organization in a medical malpractice case involving alleged negligent failure to diagnose and treat kidney problems.
- Kelly v. Atlas Turner, Inc., et al. – Obtained a defense verdict for a construction-related materials manufacturer in a wrongful death case where the plaintiff alleged mesothelioma from exposure to the product.
- Macpherson v. Pace – After an 8 week jury trial, secured a defense verdict in favor of the client, a small Bakersfield oil producer, who was sued by one of the largest California onshore oil producers, and others, for subsurface trespass and nuisance. The plaintiffs sought more than $35 million in damages relating to an alleged decrease in oil production. The jury deliberated for less than five hours before returning a verdict in favor of the client.
- McCrary v. Kaiser – Successfully obtained a defense award on behalf of a health maintenance organization in a medical malpractice case involving alleged negligent performance of colorectal surgery.
- Mikul v. Various Defendants – Successfully secured a defense verdict for the manufacturer of construction-related materials in a wrongful death pleural mesothelioma case in which the plaintiffs alleged decedent worked with materials manufactured by the client. The jury found that the asbestos containing joint compound product was not defective in design (both under the consumer expectation test and the risk benefit test), and that the product was not defective due to a failure to warn, and that the defendant was not negligent.
- Rollin v. Various Defendants – Judgment notwithstanding verdict for the defendant, a manufacturer of a turbo machinery and related equipment, in an asbestos case involving an employee in an oil refining plant. The jury’s plaintiff verdict was reversed based on sophisticated user defense.
- American Bar Association
- Defense Research Institute
- Association of Southern California Defense Counsel
- Orange County Bar Association
- Southern California “Super Lawyer”, 2013 – Present
- Martindale-Hubbell AV rated
- “Selected Issues in Environmental Litigation – An Update: Asbestos, Benzene, Pollution, Trucking/Diesel Fuel”
- “Perrin Asbestos Litigation Conference: Cutting-Edge Issues in Asbestos Litigation,” Panel Speaker: Current Observations of Patterns of Mesothelioma in the American Populace
Tom is a retired Colonel in the Marine Corps having spent 31 years on active duty and the reserve. He enjoys spending time with his family, traveling and reading. He also enjoys genealogy and history. He is a current Cubmaster for Cub Scout Pack 227 in Huntington Beach, CA, and was a former board member and referee for American Youth Soccer Organization (AYSO) Region 55 youth soccer.