attorneys
 
 
Tobin E. Dale

Stafford Frey Cooper, PC
3100 Two Union Square
601 Union Street
Seattle, WA 98101-1374

206.667.8253 Direct
206.624.6885 Fax


Email:
Tobin E. Dale
stafford frey cooper
Tobin is a civil litigator and shareholder at the firm, where he has practiced his entire civilian legal career. Tobin's practice focuses on police misconduct, construction, and general litigation. He defends the City of Seattle and Seattle Police officers against police misconduct and civil rights claims. Tobin's practice is not limited to bullets, but also involves nails. He represents contractors or homeowners after buildings get built and things go wrong.

Tobin is also a Captain in the U.S. Army (Reserve), JAG Corps, serving with the 364th Sustainment Command (Expeditionary) based at Fort Lawton, Washington. In the fall of 2007, he was called to active duty for a one-year mobilization at Fort Hood, Texas in support of Operation Enduring Freedom. At Fort Hood, he served as a Legal Assistance Attorney for III Corps and Fort Hood.

Tobin, his wife, and son reside in Seattle and spend considerable time on their boat, "Grace." In his spare time, he enjoys boating in U.S. and Canadian waters, hiking in the Olympics, scuba diving in the Sound, and bird hunting throughout Washington.
Education
Seattle University School of Law, J.D., magna cum laude, 1999
Associate Editor, Seattle University Law Review, 1998-99
University of Washington, B.A., Liberal Studies, emphasis on Comparative International Studies, magna cum laude, 1996
Military
U.S. Army (Reserve), Captain, JAG Corps, 6th JAG Det. (LSO), Fort Lawton (Seattle), Washington (2002-2009)
Active Duty in support of Operation Enduring Freedom, Captain, Legal Assistance Attorney, III Corps and Fort Hood, Texas (2007-2008)
U.S. Army (Reserve), Captain, OSJA, 364th Sustainment Command (Expeditionary), Fort Lawton (Seattle), Washington (2009-Present)
line breakRecent Representative Cases
Product Liability and Construction Litigation
Autumn Grove Condominium Homeowners Assoc. v. Avance Group, et al.
(King County 2005-2006)(Managed, litigated, and successfully settled complex 13-party case on 32-unit condo project. Defended the developer/general contractor against $6.5 million homeowners' claim for construction defects and water intrusion damages.)
QPM Construction v. Rosenberg
(King County 2005)(Successfully defended homeowner in home remodel dispute with contractor. Resolution achieved through cooperative investigation and without resort to litigation.)
Bayshore v. ServiceMaster, et al.
(King County 2004)(Successful prosecution and settlement of product liability and negligence claims against multiple parties, where client's property was destroyed in a condominium fire.)
Gold Digger Apples v. Isolcell Italia, et al.
(Okanogan County 2004)(Prosecution and settlement of product liability and Consumer Protection Act claims against generator manufacturer and distributor involving damage to client's fruit in long-term cold storage.)
Panther Construction v. Tolen
(King County 2004)(Successful pursuit of general contractor's claims against homeowner arising from home remodel.)
Extended Stay of America v. Sto Corp., et al.
(Pierce County 2001-2004)(Member of team that successfully defended national manufacturer of a synthetic stucco siding product against product liability and Consumer Protection Act claims brought by hotel chain owner. Owner claimed over $1 million in damages. Obtained de minimis settlement for defense client.)
Extended Stay of America v. Dryvit Systems, Inc., et al.
(Multnomah County 2002-2003)(Member of team that successfully defended national manufacturer of a synthetic stucco siding product against product liability claims brought by hotel chain owner. Owner claimed over $1 million in damages. Obtained de minimis settlement for defense client.)
Everest Estates Owners Assoc. v. Dryvit Systems, Inc., et al.
(King County 2000-2002)(Successful defense of national manufacturer of a synthetic stucco siding product, obtaining dismissal of product liability and Consumer Protection Act claims.)

Police & Government Liability
Inquest into the Death of Miles Murphy (King County 2009) (Successful defense of two officers in the shooting death of a UW college student dressed in a German military-type uniform who aimed a Mauser rifle loaded with blanks and fixed with a bayonet at officers. Inquest jury returned a unanimous special verdict in favor of the officers.)
Inquest into the Death of Dennie Trujillo (King County 2005) (Successful defense of officer in the shooting death of a suicidal suspect who grabbed officer's handgun. Inquest jury returned a special verdict in favor of officer, finding officer used reasonable force.)
Daniel v. Detective Kilburg
(King County 2004)(Successful defense and dismissal of libel and slander claims against homicide detective that arose from underlying criminal matter, where plaintiff was convicted for murdering his roommate with a kitchen knife. Obtained dismissal of plaintiff's civil appeal in Court of Appeals, Division One.)
Lyons v. City of Seattle, et al.
(W.D. Wash. 2003-2004)(Successful defense and dismissal of state tort claims and federal claims under 42 U.S.C. 1983 by three plaintiffs against the City and four police officers, where plaintiffs were arrested during protests marking the one-year anniversary of the WTO Conference. Affirmed on appeal, Lyons v. City of Seattle, et al., No. 04-35808 (9th Cir. December 2006).)
Inquest into the Death of DeOntrel Davis
(King County 2003)(Successful defense of officer in the shooting death of a serial ATM-bank robber. Inquest jury returned a special verdict in favor of officer, finding officer used reasonable force.)
Estate of Maxwell v. City of Seattle, et al.
(W.D. Wash. 2003)(Successful defense of the City and police officers against wrongful death claims arising from the shooting death of decedent, who threatened officers with a sword. Obtained non suit of all claims.)
Inquest into the Death of Adam Alexander
(King County 2002)(Successful defense of officer in the shooting death of decedent, who held a hostage at gun point. Inquest jury returned a special verdict in favor of officer, finding officer used reasonable force.)
Thompson, M.D. v. City of Seattle, et al.
(King County 2002)(Successful defense of City and police officers against false arrest claims by doctor. Obtained voluntary dismissal of all claims.)
Giron v. City of Seattle, et al.
(W.D. Wash. 2000-2001)(Successful defense and dismissal of civil rights claims for unlawful search and request for "alien card" against the City and a police officer.)
Citoli v. City of Seattle, et al.
(King County 2000-2001)(Successful defense of the City, Mayor, and Police Chief against business owner's tort claims, which arose from events during the WTO Conference and protests in Seattle. At the trial court level, obtained dismissal of all claims. Affirmed on appeal (handled by other firm attorneys), Citoli v. City of Seattle, et al., 115 Wn. App. 459 (2002), review denied, 149 Wn. 2d 1033.)
Peterson v. City of Seattle, et al.
(King County 2000-2001)(Successful defense of the City, Mayor, City Attorneys, and police officers against claims for wrongful arrest and civil rights violations under 42 U.S.C. 1983, arising from plaintiff's arrest for domestic violence assault of daughter. At the trial court level, obtained dismissal of all claims. Affirmed on appeal (handled by other firm attorneys), Peterson v. City of Seattle, et al., 2003 Wash. App. LEXIS 2361 (2003), 118 Wn. App. 1066 (2003), review denied, 152 Wn.2d 1005 (2004).)

Other Litigation
Kilburg v. Pfizer, Inc.
(2004)(Successful pursuit of client's personal injury claims against Pfizer that arose from a bicycle-auto accident. Settlement was achieved through cooperative investigation and without resort to litigation.)
Crosby, Inc. v. AB Enterprises, Inc.
(King County 2000-2001)(Successful defense and resolution of tortious interference and contract claims brought by a high-rise window cleaning competitor against client based on non-solicitation agreement.)
Memberships and Service
Christian Legal Society
King County Bar Association
Washington Defense Trial Lawyers
Washington State Bar Association
WSBA Legal Services to the Armed Forces Section
WSBA Litigation Section
WSBA Construction Law Section
Publications And Presentations
Police Liability Prevention Training,
"Police Misconduct Actions and Defenses" (2006)
Law Enforcement Training Bulletin,
"Impact of Supreme Court's Recent Knock-and-Announce Ruling on Washington Law Enforcement" (2006)
Police Liability Prevention Training,
"The Peaks & Pitfalls to Officer Off-Duty Conduct" (2006
Police Liability Briefing,
"Police Misconduct Actions and Defenses" (2005)
The Mold Challenge in Washington,
"Scope of the Problem" and "The Present State of Mold Litigation" (NBI, CLE, 2005)
Sharing Counsel Table with the Government
- Practical Issues for the Private Attorney, "Special Immunities for Governmental Agencies and Actors" (WDTL, CLE, 2004)
Kentwood High School:
Guest speaker to high school business law classes performing mock civil trials (2004)
Holy Rosary Elementary:
Guest speaker to third graders on "the law" for WSBA Law Week program (2001)
Honors and Awards
Rising Star, Washington Law & Politics
 
 
Product Liability
Construction Law
Police & Government Liability
Business & Commercial Litigation
 
 
All Washington State and Federal Courts
Washington State, 1999
United States Court of Appeals (Ninth Circuit), 2000
United States District Court, Eastern District of Washington, 2000
United States District Court, Western District of Washington, 1999