Attorney Profiles

Thomas A. Brophy
Philadelphia, Pennsylvania

President and Chief Executive Officer Director, Casualty Department
phone	(215) 575-2748
fax	(215) 575-0856
email	tabrophy@mdwcg.com

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

His longevity with Marshall Dennehey dates back to 1979 when he joined the firm as a paralegal while attending law school. From paralegal to law clerk to civil defense litigation attorney in 1982.

Over the years, he has defended hundreds of matters on behalf of insurance companies, corporations, and individuals on a variety of legal issues ranging from products liability, premises liability, medical malpractice, to liquor liability. His skills and effectiveness as a trial lawyer are evidenced by the fact that he is a member of Best Lawyers in America, recognized as a Pennsylvania Super Lawyer, and has attained an AV Peer Review Rating by LexisNexis Martindale-Hubbell.

In 1986, he became a shareholder and assumed responsibilities as the managing attorney for the firm's Norristown, Pennsylvania, office.

In 1989, he was charged with implementing the expansion of the firm into New Jersey, Delaware, and other cities in Pennsylvania.

Tom was elected to the firm's Board of Directors in 1996 and in 1999 was elected to the firm's three-member Executive Committee.

In addition to his executive duties, he oversees the 160 attorneys assigned to the Casualty Department.

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

A graduate of the University of Dayton with a degree in English, Tom taught high school for five years before starting Temple Law School's evening division program where he continued to teach until receiving his Juris Doctorate in 1982.

Significant Representative Matters

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

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

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

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

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

Year Joined Organization:: 1979

Areas of Practice:: Premises Liability; Products Liability; Medical Malpractice

Bar Admissions:: Pennsylvania, 1982; U.S. Court of Appeals 3rd Circuit, 1984; U.S. District Court Eastern District of Pennsylvania, 1984; U.S. District Court Middle District of Pennsylvania, 2000; U.S. Supreme Court, 2001

Education:: Temple University School of Law, Philadelphia, Pennsylvania, 1982
J.D.; University of Dayton, 1974
B.A.
Honors: Cum Laude
Major: English

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

Honors and Awards:: AV Peer Review Rating by LexisNexis Martindale-Hubbell; Best Lawyers in America, 2001-present; Pennsylvania Super Lawyer, 2005-present

Professional Associations and Memberships:: American Board of Trial Advocates, Diplomate; Defense Research Institute; Insurance Society of Philadelphia, Member of Board of Directors; Pennsylvania Bar Association; Pennsylvania Claims Association; Pennsylvania Defense Institute; Philadelphia Bar Association, Co-Chair, Finance Section of the Law Practice Management Committee; Products Liability Advisory Council