Print to PDF

Robert P. Hamilton, Esq.

Case Manager: Joanna Barron

Fee Schedule

Profile

Robert P. Hamilton, Esq. is a highly accomplished legal professional with a distinguished career as a trial lawyer and a strong reputation as a skilled mediator. With a wealth of experience in the courtroom, Mr. Hamilton has utilized his abilities to facilitate peaceful resolutions and guide parties towards mutually beneficial agreements. He has resolved over 1,000 cases and has been an ADR panelist for the San Mateo and Contra Costa County Superior Courts and is a past member of the Board of Directors of the Contra Costa County Bar Association ADR section. He has mediated cases including professional negligence, construction defect, personal injury, elder abuse, and commercial disputes.

As a trial lawyer, Mr. Hamilton gained extensive jury trial experience and tried cases throughout California. He handled professional malpractice claims and construction defect cases and had significant experience in complex multi-party mass disaster losses, as well as environmental and pollution claims. He also handled matters involving personal injury, sexual misconduct, and the Americans with Disabilities Act. He is a member of the American Board of Trial Advocates. He enjoys the highest Martindale-Hubbell rating awarded to individual attorneys (AV) and has been selected as a Northern California Super Lawyer.

Mr. Hamilton’s extensive experience as a trial lawyer has provided him with a unique perspective in the field of mediation. His ability to grasp complex legal issues and identify potential pitfalls in each case allow him to guide parties through the mediation process with clarity and expertise. He excels in creating a supportive and neutral environment where all parties feel heard and empowered to explore creative solutions.

As a mediator, Mr. Hamilton brings a compassionate and empathetic approach to his work. He understands the emotional dynamics that often accompany legal disputes and strives to build trust and rapport with all parties involved. By fostering open communication and encouraging active listening, Mr. Hamilton helps parties find common ground and develop mutually agreeable solutions that can preserve relationships and minimize the financial and emotional costs associated with litigation.

Mr. Hamilton graduated magna cum laude from Providence College in Providence, Rhode Island. He received his J.D. from the University of San Diego School of Law, where he received the American Board of Trial Advocates Award for Outstanding Achievement in Trial Advocacy.

AREAS OF SPECIALIZATION

  • Professional Liability, including Dental, Medical and Legal Malpractice
  • Personal Injury
  • Construction Defect
  • Commercial Disputes

LEGAL EXPERIENCE

Goodman Neuman Hamilton, LLP
Partner and Trial Lawyer

Mr. Hamilton has extensive jury trial experience and has tried cases in San Francisco, Alameda, Contra Costa, Marin, Santa Clara, Placer, Butte, and Los Angeles Counties. Mr. Hamilton’s practice included a variety of litigated matters. He has represented clients in the following areas:

  • Representation of builders/developers and subcontractors in construction defect cases.
  • Representation of professionals in negligence cases including doctors, dentists, chiropractors, nurses, optometrists, insurance brokers and lawyers.
  • Representation of plaintiffs and defendants in personal injury matters, including catastrophic loss cases.
  • Representation of retailers in cases involving alleged violations of the Americans with Disabilities Act (ADA).

EDUCATION

  • Juris Doctor, University of San Diego, School of Law, 1984
  • Bachelor of Arts, magna cum laude, Providence College, 1979

PROFESSIONAL MEMBERSHIPS

  • Fellow, American Board of Trial Advocates (ABOTA)
  • Member, Contra Costa County Bar Association

ADR PANEL MEMBERSHIP

Mr. Hamilton has acted as Special Master in construction defect cases and has been an ADR panelist for the Contra Costa County Superior Court and San Mateo County Superior Court.

Representative Cases

PERSONAL INJURY

  • Trip and fall at a self-storage facility. Plaintiff alleged uneven surface, code violations resulted in broken foot requiring surgery. Plaintiff further alleged ongoing and likely permanent problems with ambulation. Defense disputed liability and contested the nature and extent of Plaintiff’s damage claims, including the need for future care.
  • Trip and fall at hotel. Plaintiff, age 78 alleged she fell and fractured her hip due to non code compliant ramp in parking lot. Claimed damages included home health care and alternative transportation expenses. Defense argued ramp was code compliant, Plaintiff was inattentive and damages were overstated.
  • Personal injury case arising from plaintiff’s fall while using an industrial lift. Plaintiff suffered fractured femur, torn ACL, torn meniscus, past and future surgeries along with past and future loss of earnings. Defense argued plaintiff was inattentive and lost earnings were overstated.
  • Wrongful death and elder abuse case arising out of alleged lack of adequate supervision at nursing home. Plaintiff claimed failure to supervise decedent during lunch, allowing decedent to choke on food. Defense claimed supervision adequate given decedent’s known past medical history.
  • Wrongful death claim occurring at a Casino. Plaintiffs alleged decedent became disoriented, dehydrated, and exhibited erratic behavior which should have been evident to Casino security and staff. Plaintiffs claimed early intervention would have prevented death. Defense contended it was not clear defendant was in distress and did not have responsibility to monitor medical conditions of customers.

    PROFESSIONAL LIABILITY (DENTAL, MEDICAL, LEGAL MALPRACTICE)

    • Wrongful death case involving a four-year-old boy. Allegations of failure to appropriately monitor and treat while under conscious sedation. Defense contended standard of care was followed and death not related to treatment.
    • Wrongful death of 68-year-old man arising out of wisdom tooth extraction. Plaintiff suffered anoxic brain injury and cardiac arrest. Also alleged 16-minute delay in calling 911. Defense argued no medical causation, treatment was appropriate.
    • Medical malpractice claim arising from alleged failure to diagnose cancer on pathology report. Plaintiff, age 52, alleged cancer was treatable if timely diagnosed but now fatal within the next 2 to 3 years. Significant past and future loss of earnings alleged. Defense contended no causation and that plaintiff would not have a different outcome even if diagnosed earlier.
    • Arizona case arising from root canal overfill wherein it was alleged calcium hydroxide extruded through the canal and into the inferior alveolar nerve, causing permanent pain. Plaintiff also claimed lifetime of prescription pain medications. Defendant argued no breach of the standard of care and contested nature and extent of damages.
    • 40-year-old male alleged severe dysesthesia (pain) (10 out of 10) following wisdom tooth extraction injuring both the lingual and inferior alveolar nerves. Plaintiff alleged injuries were permanent requiring a lifetime of prescription pain medications which was only slightly effective. Plaintiff claimed he could no longer work as a result of the pain and alleged loss of income, accordingly. Multiple defendants contested liability and extent of damage claims.

      CONSTRUCTION DEFECT

      • Multi building/unit condominium case in which Plaintiff HOA claimed $11 million cost of repair. Plaintiffs alleged significant water intrusion requiring removal and replacement of building exterior and windows. Architect was also sued, with allegations of substandard design. Defendants disputed Plaintiffs claims and argued to the extent repairs were warranted, windows and exterior could be repaired without removal. Defense cost of repair estimate was approximately $ 2 million. Architect asserted there was no violation of the standard of care.
      • Construction defect claim involving 148 townhomes and 26 buildings. Defects alleged at decks, stucco and roofing. Damages exceeded $13,000,000. Defense argued excessive cost of repair by plaintiff and lack of statistical basis for claims.
      • Construction defect case involving 19 single family homes. Plaintiffs claimed defective concrete slabs requiring removal and replacement of stucco and drywall cracks. Defense argued slabs needed only minor repairs as did stucco and drywall.

      COMMERCIAL DISPUTES

      • Breach of lease claim at skilled nursing facility. Plaintiff alleged damages included holdover rent, deferred maintenance, repairs and attorney fees. Defense argued no breach and Plaintiff was not entitled to claimed damages or attorney fees.

      Testimonials

      “Mr. Hamilton is wonderful. I have used him to mediate previously and have other mediations with him lined up. He is our “go to” mediator for dental malpractice cases.”

      “Bob is AWESOME!!! Very thoughtful, relatable, persuasive. Terrific mediator.”

      “I think Bob was outstanding. He is extremely experienced in dental malpractice cases, which helped tremendously. We had a difficult client/defendant, and Bob worked very well with him. I would recommend him to others.”

      “Bob was very good. Nice direct style and collaborative approach. My carriers were pleased and that says a lot. After this experience, I can say that he rates very high on my list of effective and very personable mediators.”

       

      Fee Schedule