Biography
Mark Berry is a highly sought after trial lawyer focusing his practice on product liability defense, primarily for motor vehicle and component manufacturers, including Nissan Motor Co., Ltd., Isuzu Motors Limited, Ford Motor Company, General Motors LLC and Kia Motors Corp.
Since joining Bowman and Brooke, Mark has had over 30 jury trials, many of them involving rollover crashes and catastrophic injuries. He has tried motor vehicle product liability cases in California, Idaho, Missouri, Alaska, Wisconsin, Washington, New York and Texas. He directs a national discovery counsel program for one motor vehicle manufacturer, and is national coordinating counsel for rollover cases for another. He has extensive experience defending complex matters, with particular experience in cases involving rollover stability and crashworthiness. Mark was co-counsel in Toledo v. Isuzu Motors, listed as one of California's Top 10 Defense Verdicts of 2002 and was on the trial team for the Zavala v. Takata unfair competition class action, tried to verdict in Los Angeles Superior Court in 2009.
In 1982, prior to joining Bowman and Brooke, Mark joined Bridgestone Tire Company of America, Inc. as General Counsel, where he was responsible for the company's legal affairs on a national basis. In 1987 he joined Honda North America, Inc. as Associate General Counsel, responsible for the supervision of all Honda product liability litigation in the United States. He opened Bowman and Brooke's Southern California office in 1991, as their resident managing partner. He was elected a Firm Managing Partner in 2002 and Vice Chairman in 2008.
He is a sustaining member of the prestigious Product Liability Advisory Council (PLAC).
Classes and Seminars Taught
Choice of Law, Product Liability Advisory Counsel, October 26, 2005 - October 28, 2005
Defendant's Closing Statement, American Bar Association - Tort Trial and Insurance Practice Section (TIPS), March 18, 2004 - March 19, 2004
The Rise of Junk Peer Review and What to do About It, ABA Emerging Issues in Motor Vehicle Product Liability Litigation, Phoenix, Arizona, March 20, 2003 - March 21, 2003
Experience from ATV Litigation (Or, Defending Your Product When Your Company - and the Industry - Abandons It, Texas General Counsel Forum, Dallas, TX, November 16, 2001
Technology on Trial Part I: Bells & Whistles in the Courtroom: The Good, The Bad & The Ugly, ABA Section of Litigation Annual Meeting, Phoenix, May 9, 2001 - May 12, 2001
Numerous presentations to clients and within firm on technical and legal issues relating to product liability defense throughout his career
Representative Cases
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
Bryan v. Nissan, Bronx County, NY (Nov. 2008)
Zavala v. Takata, Los Angeles, CA (Nov. 2008)
Delgado v. Kia, Los Angeles, CA Passive Belt (Nov. 2007)
Caylor v. Ford, Los Angeles, CA (June 2007)
Kim v. Ford, Los Angeles, CA (Feb. 2007)
Rauschkolb v. Nissan, Los Angeles, CA Rollover (Jan. 2007)
Gordon v. Nissan, Redondo Beach, CA (Sept. 2006)
Lu v. Nissan, Seattle, WA (Feb. 2006)
O. Garcia v. Ford, Brownsville, TX (Sept. 2005)
Gordon v. Nissan, Redondo Beach, CA (June 2005)
Duan v. GM, Los Angeles, CA (Dec. 2004)
Cain v. Ford, Waco, TX (Nov. 2003)
Beck-Ruiz v. Kia, Santa Rosa, CA (Sept. 2003)
Toledo v. Isuzu, Los Angeles, CA (Dec. 2002)
Schmitz v. GM, Appleton, WI (April 2002)
Vons v. Ford, San Bernardino, CA (March 2001)
Lambert v. GM, Rancho Cucamonga, CA (Jan. 2001)
Gass v. Nissan, Los Angeles, CA (April 2000)
Isuzu v. Consumers Union, Los Angeles, CA (April 2000)
McBride v. Mitsubishi, Detroit, MI (Sept. 1999)
Gutierrez v. Isuzu, Ventura, CA (Feb. 1999)
Manocchi v. GM, Rancho Cucamonga, CA (Jan. 1999)
Wright v. Ford, Los Angeles, CA Lemon Law (June 1998)
Palomares v. Ford, Indio, CA (Dec. 1997)
Thienmanee v. Nissan, Los Angeles, CA (July 1997)
Tatum v. Performance Tire, San Diego, CA (Jan. 1997)
Allen v. GM, Boise, ID (Sept. 1996)
Micheletti v. GM, Oakland, CA (Dec. 1995)
Farnsworth v. GM, Anchorage, AK (Oct. 1995)
Williams v. GM, Santa Ana, CA (April 1994)
Dutton v. Nissan, Bakersfield, CA (Dec. 1993)
Roark v. GM, Martinez, CA (May 1993)
Published Works
"Negotiated Rate Differential Meets Collateral Source Rule," (with Joyce M. Peim), Health Law 360, June 2011
"Time to Take Action, The Erosion of the Statute of Limitations in Product Liability Design Defect Cases," (with Joyce M. Piem), Verdict Magazine , 3rd/4th Quarter, 2010
"The New CACI Jury Instructions - A View from the Trenches," (with Jenny A. Covington), Verdict Magazine, 3rd Quarter, 2005
"Admissibility of Testing Evidence to Demonstrate Scientific Principles," (with Jill S. Goldsmith), BNA Product Safety and Liability Reporter, December 16, 1994