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EXPERIENCE
Mr. Thomas has extensive civil litigation experience. Over
the past 17 years he has represented companies before federal
and state courts and administrative agencies. He has litigated
over 100 cases involving matters such as workers’ compensation,
automobile, bad faith and employment torts. He has argued more
than 50 cases before the Court of Appeals and has over 20
published cases. His experience spans from the smallest landlord
tenant issues in County Court to large employment tort cases in
Federal Court.
In 1993, Mr. Thomas began his career with the Colorado
Compensation Insurance Authority as in-house counsel, defending
workers’ compensation claims. In 1995, he joined Dufford &
Brown, P.C., where his practice broadened to include employment
law and other civil litigation. As a Shareholder of Ruegsegger
Thomas, LLC, from 1999 to 2003, Mr. Thomas’ practice continued
to focus on workers’ compensation, insurance defense and
employment litigation.
Having founded Thomas Pollart & Miller LLC in 2003, Mr. Thomas
continues his career-long focus on civil litigation. He manages
21 associate attorneys focusing on civil liability, employment
and workers' compensation defense. The firm also practices
family law under the trade name Divorce Matters. Law Week
Colorado ranks Thomas Pollart & Miller LLC among the top 50
Colorado firms. Mr. Thomas has significant representative cases
in tort, employment and workers’ compensation.
REPRESENTATIVE CASES
Non-Compete and Trade Secrets
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Netstructures, Inc v. McDonald,
Arapahoe District Court. Represented telecommunications
client in preventing unfair competition by former employee.
Instituted claims for breach of duty of loyalty, breach of
contract and non-compete agreements. Negotiated settlement
after preliminary injunction hearing concluded.
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Golder Associates v. Edge
Environmental Inc., US District Court, Colorado.
Defended new environmental engineering company from multiple
claims including non-compete claims of former employer.
Defended claims of breach of duty of loyalty, breach of
contract, civil theft, tortious interference with
contractual relations, and other claims. Negotiated
settlement after summary judgment motions filed.
Civil Litigation
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Gonzales v. CCMSI, et al, Denver
District Court. (Multiple Tort and Contract Claims).
Defended insurance carrier from multiple tort and contract
claims including breach of contract, breach of fiduciary
duty, insurance bad faith, violation of the Colorado
Consumer Protection Act and Fraud. All claims dismissed by
summary judgment except civil fraud where Jury rendered
verdict for defense after four day trial.
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Safeway Inc., v. Triad Services,
Denver District Court. (Breach of Contract and
Indemnification Claims). Obtained partial summary judgment
for retail client on indemnification claim requiring the
service company to reimburse client for injury claim.
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Moguls of Aspen v. Fagre & Benson,
956 P.2d 618, (1997). (Professional Negligence). Represented
former client in legal malpractice appeal. In this precedent
setting case, the court held that in an attorney/client
relationship, a fiduciary duty claim is a duplication of a
legal malpractice claim.
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American Compensation Insurance
Company, Inc. v. McBride, 107 P.3d 973, (Colo. App.
2004). (Child Support Enforcement). Defended insurance
company who paid benefits to State Child Support Enforcement
from claims by father that such payments were void.
Workers' Compensation
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Jiminez v. Industrial Claim Appeals
Office, 67 P.3d 965, (Colo. App. 2003). Represented
insurance carrier in successful defense of civil penalty
claim during appeal.
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Bogue v. SDI Corp., Inc., 931 P.2d
477, (Colo. App. 1996). Represented insurance company in an
appeal. Court held workers’ compensation insurance carrier
not responsible for handicap van for injured worker because
it was not therapeutic.
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Allison v. Industrial Claim Appeals
Office, 916 P.2d 623, (Colo. App. 1995). Represented
insurance carrier in successfully defending claim for civil
penalties; still remains a leading case regarding penalties.
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Wild West Radio, Inc. v. Industrial
Claim Appeals Office, 905 P.2d 6, (Colo. App. 1995).
Represented insurance company in asserting that employee who
was intoxicated to point of passing out could not be within
course of employment.
Unemployment
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Wafford v. Industrial Claim Appeals
Office, 907 P.2d 741, (Colo. App. 1995). Defended an
insurance carrier from its former employee. In this
precedent setting case, the court affirmed disqualification
of this employee and held that an unemployment hearing
officer has no duty to develop the record for former
employee.
PROFESSIONAL AND COMMUNITY ASSOCIATIONS
Colorado Bar Association
Arapahoe County Bar Association
Colorado Defense Lawyers Association
Defense Research Institute – Member
PUBLICATIONS & SPEAKING ENGAGEMENTS
Colorado Defense Lawyers Annual Conference, 1996, 2004
Colorado Bar Association Workers’ Compensation Conferences,
1997, 2003, 2005, 2007
Continuing Legal Education for Counsel on Education in
Management, 2001, 2002
BAR ADMISSIONS
Colorado
U.S. District Court, Colorado
EDUCATION
J.D., University of Denver, 1993
B.A., New Mexico Highlands University, magna cum laude, 1989
[ATTORNEY
INDEX]
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