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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