Daniel J. Kelly
Biographical Information
Mr. Kelly is a Partner in Haight Brown & Bonesteel’s San Francisco office and the Co-Leader of the Environmental & Toxic Tort Practice Group. He is also a member of the Business Solutions and Product Liability & Tort Practice Groups. His practice is concentrated in the areas of toxic tort, product liability and creditor's rights, including bankruptcy.
Mr. Kelly's toxic tort experience includes actions involving asbestos floor tile, automobile friction materials, wire and cable, aircraft, ships and Proposition 65 litigation. His product liability and civil litigation practice includes cases involving medical assistive devices, manufactured homes, appliances, electrical equipment, hoists and wastewater pumps.
With regard to his business solutions practice, Mr. Kelly has experience with handling business disputes including unfair competition and breach of contract matters. He also represents secured creditors in bankruptcy litigation, including relief from stay, objection to discharge, and preference actions.
Representative Experience:
- Moscato v. Skyline Homes. Lead trial counsel in manufactured home breach of warranty action in Contra Costa County. Successfully obtained judgment for Skyline.
- Katz Communications v. Joseph Gamble Stations. Lead trial counsel in breach of contract, unfair competition action in San Joaquin County involving unpaid radio advertising commissions. Successfully obtained judgment for Katz Communications.
- Sharon Simms v. Hamilton Beach/Proctor-Silex. Lead counsel in product liability personal injury action in Sacramento County involving a toaster. Successfully obtained summary judgment in favor of Hamilton Beach/Proctor-Silex and Target Corporation.
- Prough v. NewPage Corporation. Lead trial counsel for paper mill premises owner in asbestos-related, living mesothelioma action tried before a jury in Los Angeles County. Nonsuit granted in favor of NewPage.
- Dyhrman v. FLSmidth. Lead counsel for product manufacturer in asbestos-related, living mesothelioma action in Alameda County. Summary judgment granted in favor of FLSmidth.
- Lewis v. IBM. Lead counsel for premises owner IBM in mycobacterium exposure case in San Jose County involving a cooling tower. Case resolved at mediation with IBM recovering all of its costs and fees on indemnity cross-complaint.
- Madrigal v. Harris Salinas Rebar. Lead counsel for trailer owner in a wrongful death action in San Francisco County arising out of an automobile vs. truck collision on the San Francisco Bay Bridge. Case resolved at mediation with Harris Salinas Rebar paying nothing.
Reported Decisions:
- North American Chemical Company v. Superior Court (1997) 59 Cal.App.4th 764. [Writ of mandate granted - breach of a contract for provision of services may give rise to a tort cause of action.]
Honors
- Martindale-Hubbell AV Rated
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