.

Thomas F. Brown

Office Managing Attorney

Co-Chair, Rideshare Liability Practice

Portrait of Thomas F. Brown

Tom is a member of the Casualty Department and serves as the Managing Attorney of the Orlando office. He devotes his practice to civil litigation defense, advocating for corporations in claims of premises liability, wrongful death and product liability. He has handled hundreds of cases on behalf of a variety of corporations, many involving catastrophic injuries. During his career, he also has handled cases involving employment law, labor law, negligent security, trucking and transportation, motor vehicle accidents, sexual abuse and workers’ compensation. He also has experience handling cases involving allegations of mold resulting in personal injury and/or property damage. As part of his amusement and entertainment practice, Tom represents venues including theme parks, golf courses, water parks and retail stores. Tom is an active member of the International Amusement and Leisure Defense Association (IALDA).

Tom co-chairs the firms Rideshare Liability practice where he represents some of the nation’s leading ridesharing companies, their independent drivers and insurance carriers. In this capacity, he assists in managing the unique legal issues that often arise with rideshare claims, including insurance coverage, direct and vicarious liability and statutory compliance challenges.

Tom began his career at a civil litigation firm in Miami where he worked with one of the presidents of the Florida Bar. In 2006, he moved to Orlando where he joined a statewide defense litigation firm. Tom continues to dedicate his practice to defending corporations in civil litigation here at Marshall Dennehey.

Tom obtained his undergraduate degree from Rollins College where he made Dean’s List and President’s List. In 2001, he graduated cum laude from the University of Miami School of Law. As a law student, he made Dean’s List and earned the Dean’s Certificate of Achievement as well as the CALI Excellence for the Future Award.

Tom is a member of the Florida Bar and is admitted to the United States District Court for the Middle District of Florida.

    • University of Miami School of Law (J.D., cum laude, 2001)
    • Rollins College (A.B., 1998)
    • Florida, 2001
    • U.S. District Court Southern District of Florida, 2008
    • The Best Lawyers in America®, Personal Injury Litigation - Defendants (2023-2026)
    • Florida Bar - Member, Workers' Compensation Section
    • International Amusement and Leisure Defense Association, Inc. - Member
    • Orange County Bar Association
    • Mock Trial, Trial Run, Tabletop Role Playing – Guilty or Not Guilty?, Bus Industry Safety Council (BISC) Annual Summer Meeting, Orlando, FL, July 22, 2024
    • Sharing Economy: Carshare and Rideshare Litigation, Florida Defense Lawyers Association (FDLA) webinar, February 9, 2023
    • The Complexity of Rideshare Claims, AM Best Insurance Law Podcast, June 2021
    • Defending Catastrophic Injury Claims - How to Stack the Deck in Your Favor, Marshall Dennehey Florida Claims Symposium – Casino Royale, Tampa, FL, September 20, 2018
    • Legal RoundTable, Amusement Industry Manufacturers & Suppliers International Conference, Orlando, FL, 2015
    • Blitz on Damages: Challenging Medical Bills, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014
    • Analyzing Slip and Fall Claims, Gallagher Bassett Services, April 2014, co-presenter
    • Legal Round Table, IAAPA Convention, 2012
    • Reducing The Risk & Severity of Claims, Athletic Business Conference, 2011
    • Roller Skating Association and International Laser Tag Association Convention, 2011
    • Legal Round Table, IAAPA Convention, 2011
    • Successfully resolved a wrongful death action involving a 14-year-old boy who tragically fell from an attraction at a major entertainment complex in Orlando, FL. Representing the ride's owner/operator, Tom was able to navigate the complexities of a concurrent criminal investigation, a State of Florida administrative review, and widespread international media coverage.
    • Obtained Judgment on the Pleadings on behalf of plaintiff's employer in a matter involving alleged intentional tort where demand was $250,000.
    • Successfully argued a Motion to Dismiss for Fraud on the Court in a matter involving alleged electric shock where demand was over $100,000.
    • Played an active role in the investigation, discovery, and motion phases of a product liability case that settled during deliberations in the second phase of trial where demand to jury was over $500,000,000 but award against client after first phase of trial was less than $50,000.
    • Prepared a successful Motion for Partial Summary Judgment on a negligent hiring and negligent supervision in a matter involving an employee that shot an innocent bystander, and the matter settled shortly thereafter.
    • Obtained defense verdict in workers' compensation case involving alleged permanent total disability.
    • O'Rourke v. Wal-Mart Stores, Inc., 65 So.3d 529 (Fla. 5th DCA 2011)
    • Edwards v. Cornelius, 2012 U.S. Dist. LEXIS 79587 (M.D. Fla. June 8, 2012)

Results

Thought Leadership

Case Law Alerts

Florida Court Affirms Dismissal of Claims Against Lyft, Clarifying TNC Immunity at the Pleading Stage

April 1, 2026

Florida’s Third District Court of Appeal affirmed a trial court order dismissing a lawsuit against Lyft, arising from a motor vehicle accident. The plaintiff asserted claims of negligence and vicarious liability against Lyft. The trial court dismissed those claims, and the appellate court entered a per curiam affirmance, citing Florida’s TNC Statute and pleading rule. On appeal, the major point of contention was whether Lyft had to put forth evidence to support its argument for immunity under the TNC statute. Lyft argued no evidence was required, because the trial court concluded they could not be held liable based on the facts alleged in the complaint. While the Third District did not write an opinion, it presumably accepted Lyft’s position. This case suggests that a motion to dismiss can be an appropriate vehicle for rideshare companies to have trial courts determine applicability of TNC immunity.

Case Law Alerts

Florida Appeals Court Upholds Lyft’s Immunity Under TNC Statute in Wrongful Death Suit

January 1, 2026

Florida’s Third District Court of Appeal affirmed summary judgment in favor of Lyft in a wrongful death action stemming from an accident where a Transportation Network Company (TNC) driver collided with a motorcyclist. The plaintiff asserted claims of vicarious liability as well as negligent hiring and retention against Lyft. The court found Florida’s TNC statute was applicable even though it was enacted only a few days prior to the accident. Further, the court concluded Lyft was not vicariously liable for the driver’s negligence because he was an independent contractor. As to the claims of negligent hiring and retention, the court concluded the plaintiff provided an inadequate basis, despite the driver having received citations for speeding and reckless driving a few months before the accident, as well as a low rating from one passenger and a complaint of feeling scared from another. This case reinforces that plaintiffs face significant hurdles based on statutory protections for transportation network companies.

Firm Highlights

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.