Thomas William Malone

Thomas William Malone

Founding Partner
Location:
Atlanta, Georgia
Phone:
770-913-6423
Fax:
770-390-7560
Email:

Thomas "Tommy" Malone is the founder of Malone Law. For more than 40 years he has litigated cases involving catastrophic personal injury and wrongful death throughout the State of Georgia. He has obtained a multitude of jury verdicts in excess of one million dollars, including a verdict in excess of $49 million for a 23-year-old student who suffered catastrophic traumatic brain injuries as the result of a road wreck involving two commercial truck drivers on a two-lane highway in San Jose, California. His record-setting $45 million verdict changed the way managed care providers operate.

Tommy is the past President of the American Board of Professional Liability Attorneys, the official certifying body sanctioned by the American Bar Association for certification of competency in handling professional negligence cases.

Tommy is recognized as a member of Best Lawyers, the oldest peer-review publication in the legal profession, as well as Super Lawyers, a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Tommy has been named a member of the Bar Register of Preeminent Lawyers with Martindale Hubbell, a listing of law practices which have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field. Tommy has been named to the LawDragon 500, a selection 500 attorneys across all practice areas, which represents less than 1% of attorneys in the country. He is a Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society that is composed of less than one-half of one percent of American lawyers. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. Tommy is also a member of the Diversity Law Institute and The Trial Law Institute.

Tommy is a recognized pioneer in obtaining just awards for the seriously injured and loved ones of those who lost their lives at the hands of careless physicians, tractor trailer drivers, pilots, as well as the manufacturers of dangerous products.

Tommy was born and raised in the South Georgia city of Albany in Dougherty County. He went to the University of Georgia in Athens from 1960 to 1963. He was admitted to the Georgia Bar in 1965 and in 1966, he graduated from the Walter F. George School of Law, Mercer University in Macon.

Areas of Practice

  • Catastrophic Personal Injury
  • Medical Malpractice
  • Products Liability
  • Wrongful Death
  • Aviation Litigation
  • HMO Liability
  • Tractor Trailer Wrecks

Bar Admissions

  • Georgia, 1965
  • U.S. Court of Appeals 5th Circuit, 1981
  • U.S. Court of Appeals 11th Circuit, 1981
  • U.S. Court of Appeals 8th Circuit, 1974
  • U.S. District Court Northern District of Georgia, 1982
  • U.S. District Court Middle District of Georgia, 1966
  • U.S. Supreme Court, 1979

Education

  • Mercer University, Walter F. George School of Law, Macon, Georgia
    • LL.B., Bachelor of Law - 1966
  • University of Georgia, Athens, Georgia
    • Honors: Attended, 1960-1963
    • Major: Pre-law

Published Works

  • Access to Emergency Services Under Managed Care - Tort Aspects, The Georgia Healthcare Law Report, Vol. 1, No. 2, Winter, 1997
  • Managed Health Care: Plaintiff's Perspective, Tort and Insurance Law Journal, Vol. 32, No. 1, Fall, 1996
  • Disasters in Managed Care -- Recipe for Liability, The Verdict, Vol.21 No. 2, Summer, 1996
  • Medical Malpractice - A Disaster in Managed Care, The Tennessee Trial Lawyer, Vol. 15, No. 2, December, 1995
  • Carriers, Georgia Jurisprudence, Personal Injury and Tort, Vol. 13, Subsec. 30, Lawyers Cooperative Publishing, 1995
  • Using Safety Regulations in Tractor-Trailer Cases, Trial, Request for Reprint by Great West Casualty Company for Educational Purposes, March, 1994
  • A Paralyzing Case of Pneumonia, Endgame, Daily Report, American Lawyer Media, L.P., Spring, 1994
  • Voir Dire and Conduct of Judge and Jury, Georgia Trial Lawyers Association Trial Practice Manual (Co-Authored with Hon. Frank M. Eldridge), May 1993. Revised April 1994, May, 1993
  • Voir Dire and Establishing Rapport with the Judge and Jury, Trial Diplomacy Journal, Vol. 15, No. 4, July/Aug., 1992
  • Suggestions for Summation, South Carolina Trial Lawyers Bulletin, Spring, 1990
  • Handling the Plaintiff's Case, Medical Malpractice: Handling Urology Cases, Shepard's/McGraw-Hill, Inc., 1990
  • Suggestions for Summation - The Verdict, Journal of the Georgia Trial Lawyers Association, Vol. 15, No. 1, June, 1989
  • How to Evaluate and Settle Personal Injury Claims in Georgia, Professional Education Systems, 1989
  • Maximizing Damages Through Voir Dire and Summation, The Harrison Company, 1988
  • Direct Examination of a Neuropsychologist, Personal Injury Review Part III, Preparation for Settlement or Trial: Trial Practice and Techniques, Matthew Bender Publications, 1987
  • Closing Argument - Case Involving the Wrongful Death of a 7-Year Old Girl, 1985 Personal Injury Deskbook, Matthew Bender Publications, 1985
  • Understanding the Medical Malpractice Problem - The Verdict, Journal of the Georgia Trial Lawyers Association, Vol. 10, No. 10, December, 1984
  • Summations in Medical Malpractice Cases, Video Tape Educational Package, Matthew Bender, 1982
  • Belli Law Journal (Member, Editorial Board)

Representative Cases

References

  • Trust Company Bank, Atlanta, Georgia
  • Trust Company Bank of South Georgia, Albany, Georgia

Classes/Seminars

  • Managed Health Care -- A Recipe for Liability, American Society of Medical Association Counsel, Atlanta, Georgia, December 10, 1996
  • First Impressions: Voir Dire and Opening Statements, ICLE in Georgia, Atlanta, Georgia, November 15, 1996
  • Summer Convention: Managed Health Care -- A Recipe for Tragedy, Colorado Trial Lawyers Association, Vail, Colorado, August 15, 1996
  • Disasters in Managed Care - A Plaintiffs' Perspective: Managed Health Care - A Recipe for Tragedy, American Bar Association, May 16-17, 1996
  • Liability Issues in Managed Care: A Guide for Litigators, Corporate Counsel & Risk Managers, American Bar Association, May 16-17, 1996
  • The Crisis of Managed Health Care: Unique Damages Opportunities, Association of Trial Lawyers of America, New York, New York, December 9, 1995
  • Weekend With the Stars, Association of Trial Lawyers of America, New York, New York, December 9, 1995
  • Recognizing the Post-Concussion Syndrome Case -- Screening New Clients, Brain Injury Association, Colorado Springs, Colorado, September 29, 1995
  • Disasters in Managed Care -- A Plaintiff's Perspective, Insurance Law Institute, St. Simons Island, Georgia September 28, 1995
  • Affordable High Tech Trials, Association of Trial Lawyers of America, Small Office Practice New York, New York, July 15-19, 1995
  • Plaintiff's Opening Statements in Brain Injury Cases, Association of Trial Lawyers of America Traumatic Brain Injury Litigation Group, New York, July 15-19, 1995
  • The Jury Charge, Southern Trial Lawyers Association, New Orleans Louisiana, February 25-26, 1995
  • Handling the Motor Carrier Case, Academy of Florida Trial Lawyers and Georgia Trial Lawyers Association Tort Masters Seminar, Panama City Beach Florida, May 26-27, 1995
  • Using Federal Regulations in Truck Cases, Southern Trial Lawyers Association, New Orleans Louisiana, February 25-26, 1995
  • Common Carrier Liability, Institute of Continuing Legal Education, Common Carrier Seminar, December 9, 1994
  • Common Carrier Liability, South Carolina Trial Lawyers Association, Auto Torts XVII Seminar, December 2-3, 1994
  • Psychology of Persuading the Jury to Action, Final Argument, American Board of Professional Liability Attorneys, Palm Beach, Florida, November 12, 1994
  • High Tech Trials on a Low Budget, Georgia Trial Lawyers Association Fall Workshop, Savannah, Georgia October 21, 1994
  • Chairperson, Truck Wreck Seminars, Georgia Trial Lawyers Association, Albany, Georgia, August 19, 1994, Atlanta, Georgia, August 26, 1994
  • Demonstration of an Opening Statement in a Mild Head Injury Case with Severe Damages, Traumatic Brain Injury Litigation Group, Association of Trial Lawyers of America 1994 Annual Convention, Chicago, Illinois, July 24, 1994
  • Opening Statements in Cases of Traumatic Brain Injury, National College of Advocacy, Traumatic Brain Injury Litigation Group, Association of Trial Lawyers of America 1994 Annual Convention, Chicago, Illinois, July 24, 1994
  • Presented Closing Argument, American Board of Trial Advocates, Masters in Trial Seminar, April 22, 1994
  • Maximizing Damages Through Jury Selection, Georgia Trial Lawyers Association, January 7, 1994
  • Small Town, 51st Annual Belli Seminar, Chicago, Illinois,, 1994
  • Voir Dire, Demonstrative Evidence, Expert Witnesses and Summation, Gwinnett County Bar Association, December 17, 1993
  • Common Carrier Liability, Institute of Continuing Legal Education, Common Carrier Seminar, December 3, 1993
  • Premises Liability, Association of Trial Lawyers of America, November 12-13, 1993
  • Attorney Conducted Voir Dire Examination, South Carolina Trial Lawyers Association, August 20-22, 1993
  • Conundrums of the 90s: Addressing the Issues Head-On, Association of Trial Lawyers of America, Voir Dire College, June 17-20, 1993
  • Proving Damages In A Medical Malpractice Case, Institute of Continuing Legal Education, Proving Damages Seminar, May 7, 1993
  • Cross Examination of Lay and Expert Witnesses, Institute of Continuing Legal Education, The Civil Jury Trial, April 30, 1993
  • Affordable High Tech Trials, Gwinnett County Bar Association Luncheon, April 16, 1993
  • Preparatory Steps For Jury Selection, Academy of Florida Trial Lawyers, February 4, 1993
  • Panelist, Successful Lessons From Unsuccessful Trials, Association of Trial Lawyers of America Winter Convention, January 28, 1993
  • Professionalism in Torts Practice, Institute of Continuing Legal Education, Georgia Law of Torts Seminar, December 11, 1992
  • Voir Dire and Common Carriers, South Carolina Trial Lawyers Association Auto Torts XV, December 4 & 5, 1992
  • Moderator, Common Carrier Liability, Institute of Continuing Legal Education, Common Carrier Liability Seminar, December 3, 1992
  • Affordable High Tech Trials, Institute of Continuing Legal Education Trial Advocacy Seminar, November 6 & 13 1992
  • Managing Risks In Obstetrical and Gynecological Care, Medical Center of Central Georgia Risk Management Seminar, September 16, 1992
  • The Birth of a Lawsuit With a View From the Other Side, Medical Center of Central Georgia Risk Management Seminar, September 16, 1992
  • Developing a Theme in Jury Selection For The Criminal Defense Attorney To Use In Opening Statements and Closing Arguments, Georgia State Bar Association, Younger Lawyers Section Seminar, May 29, 1992
  • Panel Discussion on State-Of-The-Art Techniques in Jury Selection, Southern Trial Lawyers Association Convention, February 20, 1992
  • Avoiding Pitfalls in Partial Settlements, Masters in Trial Advocacy Series, Association of Trial Lawyers of America National College of Advocacy and Hastings College of the Law, San Francisco, 1991
  • Developing the Client as an Active Participant, Masters in Trial Advocacy Series, Association of Trial Lawyers of America National College of Advocacy and Hastings College of the Law, San Francisco, 1991
  • Employing Psychological Principles in Closing Argument and Rebuttal, Masters in Trial Advocacy Series, Association of Trial Lawyers of America National College of Advocacy and Hastings College of the Law, San Francisco, 1991
  • Establishing Credibility and Coaching for Clarity of Plaintiff's Experts, Masters in Trial Advocacy Series, Association of Trial Lawyers of America National College of Advocacy and Hastings College of the Law, San Francisco, 1991
  • Examining Witnesses with Questions Designed to Persuade, Georgia Trial Lawyers Association, Start to Finish Seminar-Persuasion Atlanta, Georgia, 1991
  • Maximizing Damages Through Voir Dire in the Premises Liability and Other Cases, Mardi Gras Seminar, Advanced Advocacy in Bread and Butter Cases, The ABC's of Journeyman and Journeywoman Litigation, Southern Trial Lawyers Association, New Orleans, Louisiana, 1991
  • Motor Carrier Liability, Georgia Trial Lawyers Association, Annual Meeting, Atlanta, Georgia, 1991
  • Opening and Closing for the Plaintiff, Institute of Continuing Legal Education, 2nd Annual Products Liability Seminar, Atlanta, Georgia, 1991
  • Proving and Defending The Drug Liability Case, Advanced Theories and Techniques in the Professional Liability and Products Case, American Board of Professional Liability Attorneys Seminar, 1991
  • Trial Preparation: Discovery Interrogatories; Requests for Production of Documents; Requests for Admissions; Depositions; Expert Witness Preparation; Jury Demand; Trial Settings; Note for Trial, Law Seminars International, Personal Injury Seminar for Legal Secretaries and Legal Assistants, 1991
  • Trial Preparation: Motion Practice; Exhibit Preparation; Trial Notebook; Jury Instructions; Trial Briefs; Subpoenas; Miscellaneous Forms, Law Seminars International, Personal Injury Seminar for Legal Secretaries and Legal Assistants, 1991
  • Elements of Damage - Putting the Pieces in Place, Georgia Trial Lawyers Association, Start to Finish Seminar, Atlanta, Georgia, 1990
  • Jury Selection: Developing a Theme During Voir Dire and Carrying it Through To a Successful Closing Argument, Georgia Association of Criminal Defense Lawyers, Start to Finish Seminar, Helen, Georgia, 1990
  • The Prosecution and Defense of Claims for Big Damages in High Stakes Recovery of Big Damages Outside the Big City, Atlanta Bar Association, Medical Malpractice Seminar, Atlanta, Georgia, 1990
  • Turning Down a Million Dollar Settlement Offer, Southern Trial Lawyers Association, 1st Annual Mardi Gras Meeting, New Orleans, Louisiana, 1988
  • Anesthesia Legal Environment: Medicine's Response, Plaintiff's Attorney Criteria for Pursuit of a Lawsuit, Franciscan Healthcare Corporation, Colorado Springs, Colorado, 1987
  • Anesthesia Legal Environment: Medicine's Response, Plaintiff's Attorney Criteria for Pursuit of a Lawsuit, Sisters of Charity Health Care Systems, Inc., Cincinnati, Ohio, 1987
  • Seminar, Effective Discovery in Georgia, Georgia State University College of Law, Atlanta, Georgia, 1987
  • Voir Dire: An Essential to the Achievement of Justice, State Bar of Georgia, General Practice and Trial Section, Tradition of Excellence Seminar, 1987
  • Panel Member, Committee on Individual and Small Firm Practice of the Section of Litigation, American Bar Association Annual Meeting, 1983
  • Presenting the Deceased Child (Dart Out Case), Los Angeles Trial Lawyers Association, Masters III Seminar, 1983
  • Presenting the Full Value of the Life of the Deceased Child, Southeastern Trial Lawyers Association, Auto Torts VI, 1983
  • Proving Damages in Child Death Cases, 37th Annual Belli Seminar, Washington, DC, Association of Trial Lawyers of America, 1983
  • Discovery and Preparation in Medical Actions, 34th Annual Belli Seminar, Montreal, Canada, Association of Trial Lawyers of America, 1981
  • Handling Medical Negligence Cases in Small Communities, Kentucky Academy of Trial Attorneys, 9th Annual Seminar, 1981
  • Opening Statements in Medical Malpractice Cases, 35th Annual Belli Seminar, San Francisco, California, Association of Trial Lawyers of America, 1981
  • Adjunct Assistant Professor, University of Miami School of Medicine, Department of Pharmacology, 1977 - 1979
  • The Health Care Crisis: Hospitals, Doctors and Drug Companies, 31st Annual Belli Seminar, Association of Trial Lawyers of America, 1976
  • Legal Implications in Prescribing Drugs, University of Miami School of Medicine, Department of Pharmacology, 1975
  • Common Carrier Liability
  • Defending the Indefensible
  • Disasters in Managed Care -- A Plaintiff's Perspective, ICLE Twelfth Annual Medical Malpractice Institute, Sea Island, Georgia
  • Handling Medical Negligence Cases in Small Communities
  • Legal Matters of Interest to the Chiropractor
  • Proof of Liability and Damages Seminar, Maximizing Damages in Voir Dire, Georgia Trial Lawyers Association, Atlanta, Georgia, 1990
  • The Malpractice Process
  • Negligence as a Theory of Liability in a Products Case for the Plaintiff
  • Opening Statements: A Comparison
  • Products Liability
  • Voir Dire and Striking a Jury
  • Disasters in Managed Care, The American Association of Nurse Attorneys, Annual Meeting and Educational Symposium, Atlanta, GA, October 24, 1997
  • Adams v. Kaiser Foundation Health Plan of Georgia, Academy of Trial Lawyers of Allegheny County, 1997 Masters of Trial Advocacy REtreat, Nemacolin Woodlands, Farmington, PA, September 25-26, 1997
  • Demonstration of a Closing Argument in an HMO Case, American Trial Lawyers Association, Litigation HMO Cases, Atlanta, Ga, September 20, 1997
  • Proving Liability Issues in Managed Care, The Patient, ICLE in Georgia, Health Law Section Seminar, Atlanta, GA, September 12, 1997
  • Preparation for Trial, ICLE in Georgia, Georgia Law of Torts Seminar, Atlanta, GA, August 22, 1997
  • Managed Care Disasters-How to Reach the HMO, ICLE in Georgia, Excellence in Advocacy Seminar, Atlanta, GA, Aug. 22, 1997
  • Litigating Managed Care Liability Issues, American Bar Association, Annual Meeting, San Francisco, CA, August 1, 1997
  • Managed Health Care-Recipe for Tragedy & for Liability, American Trial Lawyers Association, Annual Convention, San Diego, CA, July 20, 1997
  • Managed Health Care, Recipe for Tragedy, Georgia Association of Legal Secretaries, Annual Seminar, Macon, GA, April 18, 1997
  • Disasters in Managed Care-Recipe for Liability, Georgia Academy of Hospital Attorneys, Annual Meeting, Atlanta, GA, April 17, 1997
  • The Five Most Important Things I've Learned About Being a Trial Lawyer in the Last Five Years, Florida Trial Lawyers Association, Workhorse Convention, Orlando, FL, February 20, 1997
  • Litigating the Managed Care Case, Georgia Trial Lawyers Association, Health Care Litigation, Secrets to Winning Seminar, February 14, 1997
  • Deposing Adverse Economic Witnesses in the Catastrophic Injury Case, American Trial Lawyers Association, Winter Convention, Boca Raton, FL, January 20, 1997

Honors and Awards

  • Tradition of Excellence Award, State Bar of Georgia, 1999
  • Best Lawyers in America, All Editions, 1989 to Present
  • Georgia's Super Lawyers, Top 100 Super Lawyers, 2004 to present
  • Pursuit of Justice Award, American Bar Association/Tort Trial and Insurance Practice Section, 2004
  • Compassionate Gladiator Award, Florida Justice Association, 2009
  • Mel Award, Melvin M. Belli Society, 2009
  • Tommy Malone Great American Eagle Award, Southern Trial Lawyers Association, February 2007
  • Trial Lawyer of the Year, Melvin M. Belli Society, 2001
  • The Professor W. McKinley Smiley, Jr. Lighthouse Award, Southern Trial Lawyers Association, 2001
  • Top 100 Georgians, Georgia Trend Magazine, 1999
  • Warhorse Award, Southern Trial Lawyers Association, February 1996
  • Trial Lawyer of the Year, American Board of Trial Advocacy, Georgia Chapter, 1995
  • Small Office Hall of Fame, Initial Inductee, American Trial Lawyers Association

Professional Associations and Memberships

  • Southern Trial Lawyers Association, President, 1997
  • Southern Trial Lawyers Association, Treasurer, 1994
  • American Board of Professional Liability Attorneys, Board Examiner, 1992 - 1994
  • Trial Lawyers for Public Justice, Sustaining Founder, Member, Board of Directors, 1991 - Present
  • Walter F. George School of Law, Mercer University, Member, Board of Visitors, 1991 - Present
  • The Belli Society, President, 1991 - 1993
  • The Authors Court, Member, 1988 - Present
  • Southern Trial Lawyers Association, Member, Board of Governors, 1988 - Present
  • The Belli Society, Vice President, 1985-1986, 1988-1991
  • Georgia Trial Lawyers Association, Inc., Chairman, Malpractice Committee, 1975-1977, 1984-1986
  • The Belli Society, Member/Treasurer, 1981 - 1982
  • Association of Trial Lawyers of America, Member, Board of Governors, 1980 - 1983
  • Georgia Trial Lawyers Association, Inc., President, 1980 - 1981
  • Georgia Trial Lawyers Association, Inc., President Elect, 1979 - 1980
  • State Bar of Georgia, Chairman, 1979 - 1980
  • State Bar of Georgia, Chairman, Trial Practice-General Advisory Committee, 1979 - 1980
  • State Bar of Georgia, Chairman Elect, 1978 - 1979
  • State Bar of Georgia, Chairman, Medico-Legal Committee, 1978 - 1979
  • State Bar of Georgia, Secretary, 1977 - 1978
  • Dougherty Circuit Bar Association, President, 1976 - 1977
  • Georgia Association of Criminal Defense Lawyers, Vice President, 1974 - 1977
  • Georgia Trial Lawyers Association, Inc., Executive Vice President, 1972 - 1978
  • Association of Trial Lawyers of America, State Committeeman, 1971 - 1975
  • American Bar Association, Member, Committee on Trial Techniques, 1971 - 1972
  • State Bar of Georgia, Member, Sections of General Practice and Trial, 1965 - Present
  • American Board of Professional Attorneys, Diplomate
  • American Judicature Society, Member
  • American Jury Trial Foundation, Member
  • Association of Trial Lawyers of America, Life Member
  • Association of Trial Lawyers of America, Member, Birth Trauma Litigation Group
  • Association of Trial Lawyers of America, Member, Consumers Coalition
  • Association of Trial Lawyers of America, Member, Highway/Railroad Crossing Derailment Litigation Group
  • Association of Trial Lawyers of America, Member, Small Office Section
  • Association of Trial Lawyers of America, Member, Traumatic Brain Injury Litigation Group
  • Atlanta Bar Association, Member
  • Atlanta Lawyers Club, Member
  • Dougherty Circuit Bar Association, Member
  • Georgia Association of Criminal Defense Lawyers, Charter Member
  • Georgia Legal History Foundation, Inc., Member
  • Georgia Trial Lawyers Association, Inc., Life Member
  • National College of Advocacy, Advocate
  • National Head Injury Foundation, Member, Georgia Chapter
  • State Bar of Georgia, Member, Committee on No-Fault Automobile Reparations
  • State Bar of Georgia, Member, Committee to Preserve Oral Argument and Advocacy
  • State Bar of Georgia, Member, Committee to Reduce Court Costs and Delays
  • State Bar of Georgia, Member, Committee on Standardized Jury Instructions
  • State Bar of Georgia, Member, Medico-Legal Conference Committee
  • State Bar of Georgia, Member, Supreme Court Special Overview Committee for Mandatory CLE

Fraternities/Sororities

  • Alpha Tau Omega
  • Phi Delta Phi