AREAS OF PRACTICE

Peter Garchie specializes in the trial of business/commercial, professional liability, products liability and  environmental/toxic torts litigation, including the direct representation of international industrial companies, insurance companies and technology growth companies in state court, federal court, multi-district litigation and class actions. 

He is a co vice-chair of the Environmental and Toxic Tort practice group.

AWARDS/PUBLICATIONS

• Martindale-Hubbell AV Rating (highest rating for ethics and professionalism)
• Editor, California Case Comments (Firm Publication Reviewing California Appellate Decisions, 1995 to present)
• California Fair Claims Practices, Insurer Certification Instructor 2001-2010 (Zurich North American Insurance Company, Insurance Company of Hanover, St. Paul Travelers Insurance Company, Gulf Insurance Company, Network Adjustors, AIG Private Client Group, Riverstone, Berkley Specialty Underwriting Mangers)
• “A National Survey of Punitive Damage Decisions” 2005: St. Paul Travelers Insurance Company, New York, New York
• “The Art and Science of Successful Subrogation,” Allstate Insurance Company National Conference 1993, Rancho Bernardo, California
• “National Class Action Issues and Strategies,” Target Capital National Conference 2001, Avon, Connecticut
• “Risk Management for Product Warranty Claims,” Kia Motors, National Retail Dealer Conference 1999, Laguna Niguel, California
• “Mold and Toxic Tort Defense Strategies”:  Orange County Bar Association 1997, Irvine, California, Environmental Claim Mangers National Conference 1999, St. Petersburg, Florida
• “A National Survey of the Absolute Pollution Exclusion: Application And Ramifications, “American Safety Insurance Company, 2006, Atlanta, Georgia
• “Ethical Jeopardy in Complex Litigation” 2010 Environmental and Emerging Tort Claim Manager Association Annual Meeting, Captiva, Florida
• “Who Wants to Be a $100- Millionaire”: Lessons Learned From the Largest Verdicts From Emerging Exposures, 2010 Torus Insurance Company, Bermuda

LEGAL EXPERIENCE

EMPLOYMENT/WRONGFUL TERMINATION LITIGATION

• 2004 Defense Verdict on Behalf of Electronics Corporation in the United States District Court, Northern District of California, Following Jury Trial Based on Discrimination, American Disability Act Violations and $2.25 Million Demand
• 1992 Verdict of $250,000, After Final Demand of $2.5 Million Demand, on Behalf of Retain Grocery Chain, Los Angeles Superior Court, Following Jury Trial Based on Disability Discrimination

TOXIC TORT/ASBESTOS AND ENVIRONMENTAL LITIGATION

• 2010 Jury Verdict For Percentage Allocation To Insulation Company in Wrongful Death Mesothelioma Trial in San Francisco Superior Court
• 1998 Defense Verdict in Asbestos/Chemical Exposure Action, on Behalf of Restoration Company, San Diego Superior Court, Following Jury Trial based on Toxic Chemical Exposure, Asbestos and Emotional Distress
• 1993 Defense Verdict Against Industrial Company in Jury Trial Indemnity Action Based on Industrial contamination in the Southern District of California, Federal Court, following Settlement of Property Owner Action

PROFESSIONAL LIABILITY LITIGATION

• 2010 Jury Verdict in Legal Malpractice Action offset by 40% Contributory Negligence by Plaintiff and Client Recovery of Outstanding Legal Fees, San Diego Superior Court
• 2009 Defense Verdict on Behalf of Accountant in Admitted Negligence Action, Santa Barbara Superior Court
• 1997 Defense Verdict on Behalf of Private Security Company, San Diego Superior Court Central Division, Following Jury Trial Based on Allegations of Wrongful Arrest, Undue Force, Assault and Battery
• 1996 Defense Verdict on Behalf of Car Dealership, San Diego Superior Court, East County Division, Following Jury Trial Based on Allegations of Wrongful Repossession, Sexual Assault and Battery
• 1994 Defense Verdict on Behalf of Private Law Firm in Legal Malpractice Action, San Diego Superior Court, Central Division, Following Jury Trial Based on Negligence, Fraud, Punitive Damages and Failure to Settle Underlying Action

CATASTROPHIC INJURY LITIGATION

• 2009 Defense Verdict on Behalf of Hospital Security Company in Wrongful Death Action of 17 year old Patient, Orange County Superior Court.
• 2002 Plaintiff Verdict in Amount of $800,000 Against Individual Client After Jury Demand of $14 Million In Husband and Wife Double Brain Damage Injury Action, Northern Division, San Diego Superior Court
• 1994 Defense Verdict on Behalf of Car Dealership Following Permanent Disability By Elderly Patron Following Trip and Fall, San Diego Superior Court, Central Division
• 1993 Plaintiff Verdict In Amount of $1.1 Million After Final Demand of $2.2 Million, Tried for Trucking Company After Pedestrian Wrongful Death Accident, San Diego Superior Court, Central Division
• 1993 Defense Verdict on Behalf of Client Retail Grocery Store Chain in Permanent Disability Action by Plaintiff Fireman Following Slip and Fall, Orange County Superior Court, Central Division

PRODUCTS LIABILITY LITIGATION 

• 2005 Defense Verdict in Favor of Tool and Equipment Distributor Following Jury Trial Based on Manufacturing Design Defect and Initial $2 Million Dollar Demand for Shattered Spine from ATV Accident, San Diego Superior Court
• 1999 Verdict in Amount of $750,000 Against Client Propane Tank Manufacture in  Manufacturing Design Action Following Final Demand of $2.4 Million and Explosion Causing Serious Burns and Permanent Disfigurement, San Bernardino Superior Court
• 1996 Verdict in Amount of $225,000 Against Client Barbeque Manufacturer in Propane Manufacturing Defect Action Following Final Demand of $1.7 Million and Explosion Causing Serious Burns and Permanent Disfigurement, San Diego Superior Court , Central Division
• 1995 Defense Verdict for Client Bus Company in Jury Trial Based on Seat Shearing From Support Structure, Imperial County Superior Court
• 1994 Verdict In Favor of Auto Manufacturer Following Trial Based on Breach of Warranty, San Diego Superior Court, East County Division
• 1993 Defense Verdict In Favor of Auto Manufacturer Following Trial Based on Breach of Warranty, San Diego Superior Court, Central Division
• 1991 Defense Verdict for Client Bus Company in Trial Based on Defective Design of Platform, San Diego Superior Court, Central Division

REAL ESTATE/CONSTRUCTION LITIGATION 

• 2004 Defense Verdict on Behalf of Subcontractor Client Based on Breach of Subcontract and Indemnity Obligation by General Contractor Brehm, San Diego Superior Court, Northern Division
• 1986 Defense Verdict on Behalf of Home Owner Association Following Trial Based on Individual Homeowner Construction Defect Claims, San Diego Superior Court, Northern Division

INSURANCE/BUSINESS CONTRACT LITIGATION 

• 1997 Jury Verdict Against Insurance Company in Amount of $225,000 Following Final Demand of $750,000 following Jury Trial Based Upon Negligence, Fraud, Bad Faith and Wrongful Denial of Duty to Defend In Underlying Construction Defect Action, San Diego Superior Court, Central Division
• 1983 Plaintiff Verdict By District Court Judge in Favor of Commercial Developer in United States Bankruptcy Court, United States, Eastern District, Following Allegations of Fraud and Conversion

EDUCATION 

• University of California, Davis, Juris Doctor, 1982
• University of California, Berkeley, Bachelor of Arts, 1979