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Bradley A. Maxa

Partner
bmaxa@gth-law.com
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Phone: 253.620.6431
 Fax: 253.620.6565

Wells Fargo Plaza
1201 Pacific Avenue, Suite 2100
Tacoma, Washington 98402

Primary Areas of Practice

Appellate Advocacy, Insurance Coverage Litigation, Personal Injury Defense Litigation, Commercial Litigation, Construction Litigation, Arbitrator/Mediator Services

Education

J.D., Marshall-Wythe School of Law, College of William and Mary, 1985

B.A., Government, College of William and Mary, 1982

Jurisdictions Admitted to Practice

Washington State Courts
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
United States Court of Appeals – Ninth Circuit
United States Supreme Court

Professional & Bar Association Memberships

Washington Defense Trial Lawyers
President, 2001-2002

Washington Appellate Lawyers Association

Washington State Association of Justice

Defense Research Institute

American Bar Association
Member, Litigation Section
Member, Tort Trial and Insurance Practice Section

Professional History

  • Joined Firm, 1985
  • Chair, GTH Appellate Advocacy Group, 2007-present
  • Washington Defense Trial Lawyers, President, 2001-02
  • Washington Appellate Lawyers Association, Member
  • Pro Tem Judge, Pierce County Superior Court, 2007-present
  • Adjunct Professor in Insurance Law, University of Puget Sound (now Seattle University) School of Law, 1989-91

Representative Cases/Transactions

  • APPEALS
    • Handled approximately 40 appeals in the Washington Supreme Court, Washington Courts of Appeals and Ninth Circuit
    • Regularly associate with trial counsel to consult or take over cases on appeal.
    • Mayer v. Sto Industries, 156 Wn.2d 677 – Successfully reinstated a substantial discovery sanction and affirmed a large Consumer Protection Act verdict
    • State v. Paul Bunyan, 132 Wn. App. 85 – Affirmed the use of multiple appraisal methods in condemnation actions
    • Aboubakr v. Riegel, 94 Wn. App. 1044 – Affirmed the dismissal of a lawsuit against the umpires in a youth baseball game after a post-game fight severely injured the plaintiff
    • Anderson v. Weslo/Iszler, 79 Wn. App. 829 – Affirmed the dismissal of a property owner sued by a neighbor child who fractured his neck while using their trampoline
    • Harris v. Ski Park Farms, 120 Wn.2d 727 – Prevailed in an ownership dispute involving a key segment of Pierce County's Foothills Trail
  • INSURANCE COVERAGE – POLICYHOLDER
    • Represented policyholders on several multi-million dollar insurance coverage claims, primarily with regard to environmental liability
    • Time Oil v. Lloyds/Continental – Obtained favorable settlements in two lawsuits and a series of environmental coverage claims exceeding $70 million and involving more than 100 gasoline station and oil terminal sites
    • City of Tacoma v. Great American – Obtained favorable settlements with insurers after lengthy litigation involving the City of Tacoma's $100 million cleanup obligations for the Thea Foss Waterway and the Commencement Bay area
    • American Nat'l Ins. Co. v. B&L Trucking, 134 Wn.2d 413 – Trial counsel and appellate counsel in a seminal environmental coverage case involving application of the pollution exclusion and apportionment of coverage obligations to the insured. Obtained a jury verdict in the insured's favor, and prevailed in both the Washington Court of Appeals and Washington Supreme Court.
    • PGHC v. U.S. Fire – Negotiated a series of settlements with regard to a multi-million dollar insurance coverage claim involving 29 polluted sites in Alaska – ongoing litigation against other insurers pending
    • Murray Pacific v. Reliance – Negotiated settlements regarding substantial insurance coverage claims relating to pollution at log yards in the Port of Tacoma.
  • INSURANCE COVERAGE – INSURER
    • Advised and represented insurers in a wide variety of coverage disputes.
    • Represented the insurer in a massive coverage and bad faith claim involving multiple patent infringement lawsuits against Amazon.com
    • Ohms v. KPS Health Plans (Wash. Ct. of Appeals, Div. II) – Affirmed health insurer's denial of coverage under a work-related injury exclusion for a long-haul truck driver injured while driving "off duty"
    • Butzberger v. Allstate, 151 Wn.2d 396  – Prevailed in the trial court and Court of Appeals but the decisions below were reversed in the Supreme Court with regard to UIM coverage for a bystander injured while attempting to assist the insured after an accident
    • Allstate v. Batacan, 139 Wn.2d 443  – Prevailed in the Court of Appeals but reversed in the Supreme Court with regard to the application of joint and several liability to multiple tortfeasors in the UIM context
    • Pemco v. Utterback, 91 Wn. App. 764 – Affirmed the application of a single UIM limit of liability when the UIM driver struck the insured twice in the course of a single incident
  • DEFENSE LITIGATION
    • Tried approximately 25 defense cases and participated in arbitrations of dozens more
    • Obtained summary judgment in a wrongful death action where the decedent was struck crossing the street in the middle of a block
    • Successfully defended and obtained a favorable settlement in a multi-million dollar wrongful death claim involving a high speed freeway collision
    • Obtained a defense verdict after a jury trial in a multi-million dollar brain injury case involving a collision between a motorcycle and a bicycle
    • Obtained a defense verdict after a jury trial in a case where a young girl ran into the street and was hit by my client
    • Obtained a defense verdict in a case involving a significant injury caused by my client's errant golf shot
  • ARBITRATION/MEDIATOR SERVICES
    • Serve as mediator in insurance and personal injury cases
    • Served as an arbitrator in over 40 cases, primarily personal injury
    • Currently serve as a Pro Tem Judge for Pierce County Superior Court

Community Activities

  • Board of Directors, Emergency Food Network, 2009-present
  • Shepherd of the Hill Presbyterian Church
    • Elder, 2003-05, 2008-10
    • Substitute Preacher, 2002-present
    • Youth Leader/Sunday School Teacher, 1998-present
  • Summitt-Parkland Youth Association
    • Girls Softball Coach, 1998-2001
    • Boys Baseball Coach, 2002-08
    • Boys Basketball Coach, 2003-present
    • Tee-Ball Coach, 2005
  • Puyallup Parks & Recreation
    • Girls Basketball Coach, 2002-04
    • Boys Basketball Coach, 2006-08
  • South Hill Softball Club
    • Girls Softball Coach, 2009

Honors, Publications & Presentations

  • Honors
    • Order of the Coif
    • William and Mary Law Review, 1983-85
    • AV Rated by Martindale Hubbell
    • Selected for inclusion in Washington Super Lawyers, Appellate, 2001-07, 2009-10
    • Washington Defense Trial Lawyers President's Award, 2004
    • Exceptional Performance Citation, Defense Research Institute, 2002
    • Gordon Thomas Honeywell "Partner of the Year," 1993, 2006
  • Publications
    • Author, Accidents Caused by Speed, WASHINGTON MOTOR VEHICLE ACCIDENT DESKBOOK (3rd Edition), 2010
    • Co-Author, Uninsured/Underinsured Motorist Arbitration, WASHINGTON ALTERNATIVE DISPUTE RESOLUTION HANDBOOK (2nd Edition), 1995
    • Editor/Author, WASHINGTON INSURANCE LAW UPDATE, 1991-92 (Washington Defense Trial Lawyers)
    • Co-Author, Accidents Caused by Faulty Equipment, WASHINGTON MOTOR VEHICLE ACCIDENT DESKBOOK, 1988
  • Presentations (Partial List)
    • Lecturer, How the Defense Wins — Guidelines for a Defense Trial Lawyer, Tacoma-Pierce County Bar Association Seminar
    • Lecturer, The New Realities About Covenant Judgements and Reasonableness Hearings, Washington Defense Trial Lawyers Insurance Law Seminar
    • Lecturer, Asking for the Moon: Responding to Demands Above Policy Limits, Washington Defense Trial Lawyers Seminar
    • Lecturer, Anatomy of a Motor Vehicle Accident Case – Summary Judgment Motion Strategy, Washington State Bar Association Seminar
    • Chair/Moderator, WDTL Ethics Seminar, Washington Defense Trial Lawyers
    • Instructor, Direct Examination, Washington State Bar Association Trial Advocacy Program
    • Lecturer, Trends in Washington Appellate Law, Superior Court Judges Association Spring Conference
    • Lecturer, UIM Intervention – Are They In or Out?, Washington State Trial Lawyers Association Seminar
    • Moderator, The Trial Lawyer’s Art, Washington Defense Trial Lawyers Annual Convention
    • Instructor, Jury Selection, National Institute for Trial Advocacy, Seattle, WA
    • Lecturer, Batacan: UIM Coverage and Multiple Tortfeasors, Washington Defense Trial Lawyers Insurance Law Seminar
    • Lecturer, Emerging Bad Faith Issues, American Bar Association Insurance Coverage Litigation Committee Mid-Year Conference (Tucson, AZ)
    • Lecturer, Environmental Coverage Issues, Washington Defense Trial Lawyers Insurance Law Seminar