Tara-Jane Flynn is Senior Counsel in Tyson Mendes’ Los Angeles office. Her practice focuses on general liability with a specialization in automobile liability litigation.
With experience defending corporations and managing teams of lawyers in mass tort litigation, Ms. Flynn is a trial lawyer who understands and excels at addressing all aspects of litigation from beginning to end in a fast-paced environment. She represents executives, transportation companies, and serves as insurance panel for the Southern California region. As a Partner at Herzfeld & Rubin, Ms. Flynn supervised the regional asbestos defense of Volkswagen Group of America, Inc., Audi AG, VWAG, and Bentley Motors, Inc. while litigating cases for her own roster of clients. Prior to that, Ms. Flynn supervised four defense teams in asbestos litigation and managed a roster of 150+ cases for a wide range of automotive and construction products’ manufacturers and distributors. Ms. Flynn also served as a City Attorney in Downtown Los Angeles.
Ms. Flynn earned her J.D. from the University of San Francisco in 2001. During that time, she worked in Geneva, Switzerland at the Human Rights Commission at the United Nations. She also interned for the Los Angeles Public Defender’s office in the felony division. Ms. Flynn obtained her B.A. from the University of California, Berkeley where she interned at the San Francisco District Attorney’s office and was a member of the Prytnean Honor Society.
If her free time, Ms. Flynn likes to spend most of her time being active outside, strength training, and practicing yoga.
When someone causes a personal injury in California and then passes away, the injured victims can file lawsuits against the decedent’s estate to recover damages for their losses. The California Probate Code limits the amount of recoverable damages to the policy limits of the decedents’ insurance covering their liability at the time of the accident. However, a recent decision warns insurance companies if they reject reasonable settlement offers in these cases, they could be on the hook for costs in addition to the policy limits. In Meleski vs. Estate of Hotlen, 29 Cal.App.5th 616, a California Court of Appeal ordered Allstate Insurance to pay costs in addition to the policy limits to a plaintiff who prevailed at trial after the insurance company refused her reasonable settlement offer.
In California, it is well established if an employee is within the course and scope of his employment at the time of an accident, vicarious liability extends to an employer. However, CACI jury instruction 3725, known as the “vehicle use exception” or “the going and coming rule” states “an employee is not acting within the scope of employment while traveling to and from the workplace.” This year, the Second Appellate Court for the…
California employers will be relieved to learn of the recent decision in Liberty Surplus v. Ledesma & Meyer Construction (2018) 5 Cal. 5th 216 addressing insurance coverage for the intentional acts of employees in cases where the employer is being sued for negligent hiring, supervision, and retention of the employee who allegedly committed those acts. In June of this year, the California Supreme Court held an insurer’s obligation to defend is triggered in this instance.