CLAPP PETERSON VANFLEIN TIEMESSEN THORSNESS
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John J. Tiemessen
Member
907-479-7707
Fax: 907-479-7966
Fairbanks, AK

 

 

 

Practice Areas

Professional Malpractice
Occupational Licensing
Civil Litigation



Education

Willamette University College of Law, Juris Doctorate cum laude (1991)
Arizona State University, B.S. Political Science magna cum laude (1987)

Experience

Mr. Tiemessen is a trial lawyer with an emphasis on the defense of professional malpractice and occupational licensing cases. He has successfully tried more than a dozen complex civil jury trials, including matters involving wrongful death and catastrophic injuries with claims in excess of $1 million.

Mr. Tiemessen has lectured on various medical, legal, risk management, and trial practice issues for CNA Insurance Companies, Medical Insurance Exchange of California, NORCAL, The Dentists Insurance Company, the University of Alaska, Multiple Risk Managers, Inc., Alaska Dental Society, Interior Dental Assistants Society, Tanana Valley Clinic, Sportsmedicine Fairbanks, and Fairbanks Clinic.

Significant Trial Verdicts

Jones v. Bowie (2008) Defense verdict for manufacturer of a hydroseeder in an action arising out of a traumatic amputation by an operator of the machine.

Snyder v. Liberman (2000) Successfully defended a general surgeon in an action arising out of an errant stitch in the bowel placed during hernia surgery.

Zaverl v. Hanley (1999, and on remand 2004) Successful defense of an internist and a general surgeon in a multi-party lawsuit arising out of the death of a woman from an aortobronchial fistula.

Hawkins v. Martino (1999) Successfully defended a neurologist in a multi-party lawsuit arising out of the death of a young woman from status epilecticus.

Galbraith v. Gavora (1998) – Defended a grocery store in a personal injury action arising out of an auto accident. Liability was admitted – verdict was 1/10 of plaintiff’s demand.

Cable v. Schefchik (1996) – Successfully defended an employer in a personal injury action by a casual employee who was exempt from Workers’ Compensation law.

Significant Appellate Decisions

Zaverl v. Hanley, 64 P.3d 809 (Alaska 2003)
Wells v. State, 46 P.3d 967 (Alaska 2002)
Hebert v. Honest Bingo, 18 P.3d 43 (Alaska 2001)
Cable v. Shefchik, 984 P.2d 474 (Alaska 1999)
City of North Pole v. Zabek, 934 P.2d 1292 (Alaska 1997)
Amyot v. Luchini, 932 P.2d 244 (Alaska 1997)
Jaso v. McCarthy, 923 P.2d 795 (Alaska 1996)

Additional Significant Cases

In re CAPA – Represented the bankruptcy trustee as special counsel to recover sums embezzled by a bankrupt public guardian non-profit.
In Re Bonham dba World Plus – Co-counsel in filing involuntary bankruptcy petition in multi-million dollar Ponzi scheme. Filing ultimately halted the scheme and led to the recovery of the majority of the funds for repatriation to victims.
Asplund v. Onorato – Successfully defended a neurologist accused of misdiagnosing a cervical osteomyleitis.
Berg v. Wennen - Successfully defended a plastic surgeon in an action involving the death a young child following cleft palate surgery.
Davis-Miller v. Tansky – Successfully defended a Trauma physician for allegedly mis-diagnosing a “silent heart attack.”
Dodd v. Lawrason – Successfully defended a gynecologist for alleged malpractice arising out of urogynecological surgery.
Hammond v. Steiner – Defended a Family practitioner for alleged delayed diagnosis of breast cancer.
Harmon v. Suzuki – Defended ATV manufacturer in products liability action arising out of a roll-over that caused brain injuries.
Holmgren v. TVC – Defended pediatrician in an action arising out of the death of a young boy following severe burns.
Kozarik v. Stinson – Defended pain physician in action arising out of a malfunctioning laser that caused peritoneal damage.
Kozie v. Silver Spur – Defended a parade float operator in an action arising out of the death of a teenage float participant during a parade.
Sandige v. Chena Hot Springs – Successfully defended hotel in action by guest arising out of battery on guest by day laborer.
Scouten v. Keir – Successfully defended endodontist in action by patient alleging post-root canal numbness.
Weik v. Bast – Successfully defended dentist in action brought by patient alleging permanent numbness following third-molar extraction.

Mr. Tiemessen has worked on a number of cases which involve state or local government entities:

Haynes v. DeRamus - Co-counsel with State of Alaska – presently defending prison physician in action brought by prisoner alleging violation of his Eighth Amendment rights.
Hymes v. DeRamus - Co-counsel with State of Alaska – presently defending prison physician in action brought by prisoner alleging medical malpractice.
Sandelin v. Welch, et. al. - Represented State of Alaska District Attorney in action by convicted custodial interferer based on conviction.
Strunka v. Sweet Adelines - Successfully defended Fairbanks North Star Borough in action by user of theater who fell off a stage during rehearsal.
Zabek v. City of North Pole – Defended city of North Pole in an employment law/wrongful termination action brought by an employee who was terminated for illegally accessing ASPIN to satisfy political curiosity. On remand, advised city counsel of North Pole sitting as disciplinary board regarding conduct during disciplinary proceedings.

Publications

The Golden Retriever Rule: Alaska’s Identity Privilege for Animal Adoption Agencies and for Adoptive Pet Owners, 21 Alaska Law Review 77 (June 2004)

Admissions

Mr. Tiemessen is admitted to practice in Alaska and before the United States District Court for the District of Alaska.

Affiliations

Alaska Bar Association (Board of Governors 2003-2009; President 2006-2007; Civil Rules Committee; Committee for Reduction of Appellate Delay)
Tanana Valley Bar Association (President 1999-2000)
College Rotary Club (President 2002-2003)

John J. Tiemessen graduated from Willamette University College of Law in 1991 where he served on the Moot Court Board and was selected to the Western Regional Mock Trial team. He started his legal career as an associate for Hughes Thorsness Gantz Powell and Brundin, then the largest law firm in Alaska. Mr. Tiemessen worked as a litigation associate in the Fairbanks office. By 1995, Mr. Tiemessen was serving as the Fairbanks office manager. In 1996, he joined his mentor and expanded the Fairbanks office of what is now Clapp, Peterson, Van Flein, Tiemessen & Thorsness.

Mr. Tiemessen has been listed among Alaska’s “Superlawyers” since 2007. Mr. Tiemessen served on the Alaska Bar Association, Board of Governors from 2003-2009. In May 2010, Mr. Tiemessen was appointed to the Alaska Bar Association Discipline Hearing Committee. He served as President of the Bar Association in 2006-2007. He currently serves as President-Elect of the Western States Bar Conference, a regional association of Bar Associations, and will be President in 2010-2011. Mr. Tiemessen also served as President of the Tanana Valley Bar Association in 1999.

As Bar President, Mr. Tiemessen passed the first Mandatory Continuing Legal Education recommendation to the Alaska Supreme Court. This resulted in a mandatory ethics education requirement for all Alaska Attorneys, effective 2008.

 

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