Zachariah Tomlin is a partner at Walsworth whose varied litigation practice includes general liability and construction matters. He is an experienced and versatile litigator with more than 15 years of experience in the areas of construction, real estate, employment, premises liability, general liability, commercial and business litigation. Zack has successfully handled high exposure and complex matters through mediation, trial, and appeal in both California and Washington. Zack’s extensive experience in the courtroom allows him to provide critical insights and counsel to corporate and business clients regarding corporate governance, fiduciary issues, and shareholder disputes.
Prior to joining Walsworth, Zack managed multiple litigation teams handling construction, casualty, and business matters in both California and Washington for mid-sized West Coast firms. Over the past 15 years, Zack has earned a reputation with both clients and the legal community for professionalism, adept advocacy, unparalleled dedication to client service, and attention to detail.
- Plaintiff v. National Hotel Chain – Obtained summary judgment on behalf of a national hotel chain in a slip and fall case, in which Plaintiff claimed permanent disability from hip fracture caused by falling in mopped area of hotel. Proved to the Court that the hotel had not engaged in any negligent maintenance practices.
- Plaintiff v. Landscaping Company – Obtained summary judgment on behalf of landscaping company in a slip and fall case, in which Plaintiff claimed permanent disability and more than $3 million in damages from a spinal fracture sustained at a business park. Successfully argued to the Court that no duty existed between landscape company and patrons of business park.
- Plaintiff v. Business Owners – Obtained a full defense verdict in an intellectual property dispute, following a multi-week jury trial in which Plaintiff sought more than $50 million in damages alleging misappropriation of corporate assets.
- Plaintiffs v. Individual Corporate Representatives – Obtained dismissal of certified 954-person class action wage and hour claim based upon five-year dismissal rule, in which pre-dismissal demand was in excess of $40 million. Dismissal upheld on appeal.
- Plaintiff v. Publicly Traded Waterworks Supplier – Obtained summary judgment for client in a case alleging breach of contract related to pricing obligations for a municipal waterworks improvement project. Successfully argued that no breach of contract and no misrepresentations were made regarding pricing.
- Successfully obtained summary judgment in favor of an employer in a unique wrongful death matter wherein plaintiffs alleged that an employee hit their father with his personal vehicle while commuting from a worksite. Plaintiffs alleged that the employer was vicariously liable for the employee’s conduct because the employee was allegedly acting in the course and scope of his employment at the time of the collision. The court granted summary judgment based upon our arguments that the employee was not acting within the course and scope of his employment because he had already concluded his workday and was using his personal vehicle to commute home when the collision occurred. The court ultimately found that there was neither evidence that the employer required the employee to use his personal vehicle to perform his work duties, nor that the employee was impliedly being compensated for his travel time.