Timothy J. Ferguson is a Shareholder in the firm’s Products Liability & Toxic Torts Group. For nearly twenty years, Timothy has focused his practice in the defense of complex liability matters including products, toxic tort, construction, premises, personal injury, and medical malpractice.
Timothy has successfully defended various liability claims for some of the world’s largest product, equipment and chemical manufacturers. Further, he has successfully defended claims alleging exposure to asbestos, benzene, radiation, chemical release, and mold.
In the construction arena, Timothy has successfully represented and defended construction defect litigation claims on behalf of architects, mechanical engineers, and various subcontracting trades in both residential/condominium buildings and commercial buildings, including cases involving multi-level post tension structures.
Timothy received his Juris Doctor degree from St. John’s University School of Law and his Bachelor of Arts degree from the State University of New York in Stony Brook, where he was on the Dean’s List, a member of Phi Alpha Delta and a Student Ambassador.
Timothy was recently appointed to serve as Treasurer of the Asian Pacific American Bar Association of South Florida. He currently serves as a Faculty Advisor Board Member of the Nova Southeastern University Paralegal Program. He has previously served as Vice Chair of the Florida Bar Grievance Committee (17th Judicial Circuit), as a board member of Kids in New Direction (KIND), and as an investigative Member of the Florida Bar Grievance Committee.
Representative Legal Matters
Timothy has defended a number of construction liability claims, for both design professionals, subcontractors and product suppliers; including defending an architect in a $56 Million dollar design defect claim of an apartment complex in Jacksonville, Florida.
- Nelson v. Heartland Metals Inc., et al., Highland County Case No. GC14-228, 10th Judicial Court of Florida. Timothy prevailed on a Motion for Summary Judgment in a case involving a landlord client, who leased the property to an operating lead facility. Upon hearing argument, the Court granted summary judgment, finding the landlord not responsible for any alleged injuries to a third party under Florida Law. (June 2017)
- Gonzalez v. Caterpillar Inc., et al., case number 2013-CA-031838, 11th Judicial Circuit Court of Florida in Miami-Dade County. Timothy second chaired in the defense of Caterpillar in an $18.6 million wrongful death claim. This verdict was named among the "Top Ten Defense Verdicts" of 2015 and the "Top Super Six Trials of 2015" for defense verdicts in Florida by CVN.
- Matiska v. Chrysler, LLC, et al., case number 06-4964, 15th Judicial Circuit Court of Florida in Broward County. Timothy assisted in the defense of Chrysler in a $3 million wrongful death claim.
- Timothy has defended a variety of environmental and pollution claims involving fuel spills and hazardous chemical release, including a case where a subcontractor had been third partied in as a defendant and accused of cutting a fuel line, spilling hundreds of gallons of diesel fuel, resulting in an environment clean up claim of damages in excess of $150,000. Timothy was able to successfully obtain a dismissal from the indemnification action filed by the general contractor in the case, without payment of any settlement monies on the third party claim.
- Timothy's first trial, in 2000, was a commercial trucking case involving an alleged brain injury Plaintiff against a national commercial truck leasing company. Timothy was successful in bifurcating the liability and damages in that case, resulting in a very favorable resolution at trial after the jurors allocated liability against a non-party. Since that time, Timothy has continued to defend truck drivers and commercial trucking companies against allegations of wrongful death and catastrophic injury.
Professional Associations and Memberships
- The Florida Bar
- National Asian Pacific American Bar Association
- Asian Pacific American Bar Association of South Florida
- Treasurer, 2018-2019
- Director, 2017-2018
- Defense Research Institute (DRI)
- The Claims & Litigation Management Alliance
In the News
- Speaker, Mass Torts and Class Action Panel, American Inns of Court (Spellman-Hoeveler Chapter) Bench & Bar Conference, 2019
- Speaker, "Double Trouble: A Plaintiff's' Two-Prong Attack on Products that Integrate Talc & Asbestos," National Forum for Environmental & Toxic Tort Issues "FETTI", 2018
- Speaker, “Preparing a Case for Trial: A Defense Perspective”, 2010