Bert W. Markovich
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Bert W. Markovich has tried over 100 cases through verdict, and he has won over 90 percent of the cases that he has tried. He has focused his practice on the defense of complex litigation (including class action and mass tort litigation), product liability litigation and maritime litigation. He represents several manufacturers in product liability litigation including: Atlas Copco, Bayer, Nacco, and Merck. Much of the product liability work that he does involves the pharmaceutical industry. Mr. Markovich also represents insurance underwriters in coverage work and bad faith litigation as well as Northwest commercial vessel interests. He also has extensive experience in professional liability litigation. Mr. Markovich represents clients in federal and state courts in Alaska, Washington and Oregon.
Mr. Markovich has been recognized for inclusion in Washington Super Lawyers, which is an annual listing of outstanding lawyers who have attained a high degree of peer recognition and professional achievement; in 2012, he was named to their "Top 100" list of Washington attorneys in all practice areas. He also maintains an "AV" rating by Martindale-Hubbell, its highest acknowledgement for legal ability and ethics.
Mr. Markovich has tried many different types of cases through verdict including, but not limited to the following areas of law: criminal, professional liability, construction, product liability, alleged manufacturing defects, litigation involving the Uniform Commercial Code, admiralty, job site injuries. His first civil trial was within three months of entering the practice of law and joining Schwabe, Williamson & Wyatt. He has had an active trial practice ever since. In the last ten to fifteen years, his cases involve wrongful death and serious personal injury as well as serious commercial disputes involving millions of dollars of damages.
He has worked extensively with national counsel in pharmaceutical litigation. Trying cases is the aspect of his law practice that intrigues and drives Mr. Markovich the most. He claims that he is most alive when trying cases, and he looks forward to trying his most complex and challenging case in the future. Sixteen-hour days during a trial, and the days leading up to the trial, are when the cases are won or lost. A former varsity football player in college, Mr. Markovich enjoys competition and his trial practice allows him to continue to compete.
BP America, Inc.
Chicago Pneumatic Tool Company
Fishermen's Finest, Inc.
Merck & Co., Inc.
Nacco Materials Handling Group
Steamship Insurance Management Services
Sunderland Marine Mutual Insurance Co.
Trident Seafoods Corporation
Toys R Us, Inc.
Volvo Trucks North America
• Wiest v. Toys "R" Us - A case involving a double amputation of the fingers of a young child; defense verdict
• Hicock-Knight v. Wal-Mart Stores, Inc. - A four week trial in which plaintiff alleged she sustained Complex Regional Pain Syndrome and requested $2.4 million in damages; the jury awarded her $6,000.
• Boos v. Chicago Pneumatic - Lengthy class action trial involving the manufacturer of power tools; defense verdict against class representatives.
• Lee v. Fred Meyer, Inc. - Alleged discrimination case; plaintiff dismisses with prejudice after three days of trial.
• Johns v. F/V MISTY BLUE - Defense verdict in an admiralty case filed in federal court in Tacoma, Washington.
• Sanford v. Kroger, Co. - A case involving a claim of reflex sympathetic dystrophy; plaintiff asked the jury for $1-2 million; defense verdict.
• Kilic v. Mattsen Fisheries - Admiralty case in which seaman claimed he sustained a severe organic brain injury; federal judge in Seattle ruled that plaintiff's problems were not the result of the incident in question.
• Jennings v. Bayer, Corp. - Represented Bayer in a product liability case involving the anti-cholesterol drug Baycol; plaintiff sought millions of dollars in actual and punitive damages; case settled for a very favorable amount one week before trial; if the case had gone to trial, it would have been the third case tried in the Baycol litigation.
• Benfield v. Fred Meyer, Inc. - A defense verdict in a tort case in which a store employee dropped a large case of merchandise on plaintiff.
• Buholm v. Loomis Fargo & Co. - A defense verdict despite the fact that liability was admitted; jury found no proximate cause.
• Christensen v. Toys "R" Us - Defense verdict in a consumer product case in Pierce County Superior Court.
• Earle v. Toys "R" Us - A defense verdict in which plaintiff claimed a loss of eyesight as a result of a consumer product.
• Wheeler v. Sound Diagnostics - A case involving ultrasound equipment and a child who was born with one defective arm and no legs; our client paid nothing while a co-defendant paid $2,000,000.
• O'Neal v. Hyster - Near amputee claimed product defective; plaintiff non-suited case after one week of trial.
• Fireman's Fund v. John Deere - In a complex insurance matter, a federal judge awarded our client approximately $280,000; the other side was seeking $600,000 against our client.
• Thrasher v. Division Sales - Product liability case involving a child who sustained severe burns over much of his body with over $500,000 in specials; settled for $575,000.
• Dawley v. K-Mart - A product liability case; plaintiff sustained burns over 80% of her body and had medical expenses over $400,000; case was settled for $100,000.
Professional & Community Activities
Mr. Markovich is a member of the Washington State Bar Association,the Oregon State Bar Association and the King County Bar Association. He is a member of the Tort and Insurance Practice section and Litigation section of the American Bar Association. He is an active member of the Maritime Law Association, the International Association of Defense Counsel (IADC), the Defense Research Institute (DRI), the Drug and Medical Device section, and the Washington Defense Trial Lawyers Association. He has given numerous speeches and presentations on trial practice, maritime law, products liability, and complex litigation.
Mr. Markovich has been married to Theresa M. Markovich for 35 years, and they have three adult children. In his spare time he loves to bicycle, hike, ski, golf, and work out (cardio/weight-lifting). He also loves to read and travel.
Admitted to Practice
Washington State Courts
Oregon State Courts
United States District Court, Western District of Washington
United States Court of Appeals, Ninth Circuit
University of Oregon School of Law, Juris Doctor degree (1983)
Montana State University, Master of Arts degree (1979)
Montana State University, Bachelor of Arts degree (1976)