G. ANDREW ADAMEK
139 North Last Chance Gulch
P O Box 1697 Helena, Montana 59624 Telephone: (406) 443-6820 Telefax: (406) 443-6895 e-mail: andy@bkbh.com PROFESSIONAL EXPERIENCE BROWNING, KALECZYC, BERRY & HOVEN, P.C. Helena, Montana Partner 1998-present Civil litigation and administrative law emphasizing Workers' Compensation Defense, Real Estate Litigation and Transactions, Land Use Planning & Zoning Law and Governmental Relations and Regulatory Affairs. MOORE, INGRAM, JOHNSON & STEELE, L.L.P. Marietta, Georgia Associate 1996-1998 Civil litigation and administrative law emphasizing the representation of employer interests before the Georgia State Board of Workers' Compensation. Secondary emphasis in general liability and insurance defense litigation. LAW OFFICE OF HAROLD WHITEMAN, JR. Atlanta, Georgia Associate 1993-1996 Civil litigation and administrative law emphasizing the representation of employer interests before the Georgia State Board of Workers' Compensation. PENNINGTON, WILKINSON, DUNLAP, BATEMAN & CAMP, P.A. Tallahassee, Florida Law Clerk 1991 General civil practice and regulatory law. THE COCA-COLA COMPANY Washington, D.C. Legislative Intern 1990 Governmental relations and regulatory affairs. EDUCATION WALTER F. GEORGE SCHOOL OF LAW, MERCER UNIVERSITY, Juris Doctorate, 1992 UNIVERSITY OF GEORGIA, BA Political Science, 1988 ADMISSION TO PRACTICE Montana State Courts Montana Federal Courts MEMBERSHIPS Montana Bar Association Montana Defense Trial Lawyers Association Montana/Helena Realtors Association Montana/Helena Builders Association LITIGATION EXPERIENCE Workers’ Compensation and Occupational Disease Mr. Adamek has appeared as defense counsel in over 75 workers’ compensation or occupational disease contested case hearings or trials in Georgia and Montana. Case Samples Choi v. Costco, 2005 - Workers’ compensation court rejected claimant’s attempt to obtain wage loss benefits after her resignation, finding that she abandoned her employment for reasons unrelated to her compensable work injury, and she was otherwise not disabled despite medical opinion evidence suggesting she continued to experience painful symptoms attributed to her compensable condition. Evidence of claimant’s recreational, hobby and travel activities persuaded the court to dismiss the equivocal medical opinion supporting disability. Kurth v. American Interstate Insurance Company, 2004 - Workers’ compensation court granted insurer’s motion to dismiss after claimant failed to appear and show cause why he should not respond to insurer’s appropriate discovery requests. Petitioner sought permanent total or partial benefits and unspecified medical benefits for his compensable injury. Fjelstad v. Fireman's Fund/North American Energy Services, 1999 - Worker's Compensation Court grants insurer's motion to compel claimant to provide medical releases for records related to his mental care and limits claimant's discovery regarding use of IME physician by insurer in case to reopen settlement. McGee v. State Fund/DOT, 1999 - Claimant dismissed his claim for three years' of retroactive PTD benefits by consent decree before the end of trial due to evidence of his self-employment activity, pain magnification, and other motivations for resigning from his part-time employment. Palmer v. Home Insurance Co./North American Van Lines, 1999 - Workers' Compensation Court determined claimant was not permanently totally disabled because he had a reasonable prospect of obtaining and keeping regular employment despite his low intelligence and significant work restrictions. Felde v. MHA/Community Medical Center, 1999 - Claim for occupational disease benefits abandoned by claimant minutes before start of DOL hearing because of discovery of intervening injuries following prior on-the-job injury. Alocco v. Cigna/Montana Refining Company, 1999 - Permanent total disability designation. Sharp v. MMIA/Town of Terry, 1999 - Permanent total disability designation. Workers’ Compensation Related Governmental Relations and Regulatory Affairs Mr. Adamek provides legislative and regulatory affairs representation and services in the Montana legislature to the Montana Hospital Association Workers’ Compensation Trust and Reciprocal. Workers’ Compensation Related Presentations Mr. Adamek is a frequent lecturer on Workers’ Compensation, Occupational Disease and Employment Law issues. MHA Workers’ Compensation Annual Spring Education Conference, Helena, MT, March 2002 - 2006. Montana Advanced Workers’ Compensation Conference, Helena, MT, October 3, 2005. Return to Work Issues in Workers’ Compensation in Montana, Billings, MT, May 17, 2006. Employment Law From A to Z in Montana, Helena, MT, April 20, 2006. Workers’ Compensation Related Client Sample American Interstate Insurance Company Constitution State Services Costco Wholesale Corporation K-Mart Company/Sears Holding Corporation Montana Hospital Association Workers’ Compensation Trust and Reciprocal Qwest Sedgwick Claims Management Services, Inc. St. Paul Travelers Target Corporation The Home Depot Wal-Mart GENERAL LIABILITY LITIGATION Mr. Adamek has appeared as lead or co-defense counsel in numerous general liability civil actions in Montana. Case Samples BWW v. BHS, Simpson, Hulme and Summit Realty, 2006 - Mr. Adamek defended seller’s realtor agent against claims of negligence, fraud and statutory breach of duty in a failed multimillion dollar lease purchase transaction involving the Bozeman Hot Springs. Wild v. Ridgeline Builders, 2005 - Uninsured construction worker brought personal injury action against general contractor of residential construction site for injuries resulting from his fall from roof. Mr. Adamek defended general contractor, and settled case on the day before trial only after the trial judge granted plaintiff’s motion disallowing comparative negligence defense, leaving only proximate cause defense. Chambers v. City of Helena, 2002 - Non-resident brought personal injury action against the City of Helena for injuries resulting from his fall at the municipal transfer station. Mr. Adamek co-defended action through first jury trial to obtain a defense verdict that City’s negligence did not cause plaintiff’s fall. Montana Supreme Court granted new trial to plaintiff. At second trial after jury was directed that City was negligent per se for violating the Uniform Building Code with respect to guard rail design and installation, jury awarded plaintiff damages. REAL ESTATE, SUBDIVISION AND LAND USE PRACTICE Case and Land Use Project Samples Giles v. Cipriano and Lewis and Clark County, pending - Landowner and 50 % stock owner of corporation holding sole asset of 20 acre parcel with two homes sought judicial partition of the parcel and corporate dissolution. The County previously denied a minor subdivision and family member exemption application. Mr. Adamek proceeded with judicial partition and negotiated terms of dissolution and partition resulting in a stipulated court order dividing the parcel and conveying the newly created lots and attendant structures to the respective shareholder occupants. Crestwood Green Estates Homeowners Assoc. v. Lewis and Clark County, pending - Mr. Adamek represents a homeowners association suing Lewis and Clark County regarding the County’s adverse decision to remove a gate from a second entrance to a subdivision, contrary to the County’s subdivision regulations. A temporary injunction has been issued in favor of the homeowners allowing the gate to remain in place pending the outcome of trial. Lodestar Road Improvement, 2005 - Mr. Adamek represented a homeowners association seeking redress for a faulty main access road installation. Through informal discovery, county commission public hearing appearances, and threatened litigation, Mr. Adamek brought the contractor, county commission, public works director and consulting engineer together at one table to devise a resolution resulting in installation of a new access road at half the original quoted price, saving the homeowners association and RID tens of thousands of dollars. East Helena Land Purchase, 2005 - Mr. Adamek represented the buyer of a several hundred acre land purchase where a 13 acre parcel was designated by the seller, to be donated by the buyer, back to the seller’s church, and the buyer realized a tax benefit by donation, that offset future tax liability as income was realized on the development. Leslieton Townsite v. Lewis and Clark County, 2004 - Mr. Adamek represented a developer who owned 22 acres, and petitioned the state court, seeking abandonment of an unmarketable old townsite plat, and then convinced the court to abandon the townsite and create six lots. The client was left with his dream retirement lot overlooking Hauser Lake, plus five additional marketable lots. Awesome Views Subdivision, 2003 - A landowner failed to subdivide a 14 acre parcel, when the county commission rejected the initial application. Mr. Adamek was retained to assess the merit of a state court action appealing the denial, and he convinced the client to consider placing a perpetual agricultural easement upon the property. This successful repackaged subdivision application is now used by landowners and governing officials as a model for future residential development of smaller parcels in the area. The landowner ultimately increased the marketability of the adjoining lots by preserving their agricultural characteristics. Black Eagle Subdivision, 2001 - A developer failed to subdivide a 12 acre parcel, when the county commission rejected his initial application. Mr. Adamek was retained by the developer and crafted a revised subdivision proposal that was ultimately approved as a model for future residential development in the fragile urban/wild-lands interface zone surrounding Helena. The end result was a unanimous approval by a governing body and a pleased client. The concessions offered for approval actually increased the resale values of the newly divided parcels. Land Use and Zoning Related Presentations
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