Robert W. Novasky

Full Profile

Robert Novasky’s practice focuses on defending municipal entities in civil rights, physical and sexual abuse claims, complex litigation, catastrophic damages, product and personal injury defense, employment disputes, premises liability, and trucking/transportation claims.

Rob brings significant trial experience in both state and federal courts, having tried cases in Pierce, King, and Thurston counties and numerous other counties across Washington and in the US District Courts of Washington. In addition, Rob has argued cases before all three divisions of the Washington Court of Appeals, the Washington Supreme Court, and the Ninth Circuit Court of Appeals.

Admissions

• Washington
• Oregon
• US District Courts for the Eastern and Western Districts of Washington
• US District Court for the District of Oregon
• US Court of Appeals for the Ninth Circuit
• Numerous Tribal Courts in Washington and Oregon

Education

• J.D., University of Puget Sound (now Seattle University) School of Law, 1992
• B.A., Whitworth University, 1981

Memberships

• Washington State Bar Association
• Tacoma-Pierce County Bar Association
• Oregon State Bar Association
• Washington Defense Trial Lawyers
• Claims & Litigation Management Alliance - Communications Committee, Washington Chapter
• International Association of Defense Counsel
• Robert J. Bryan Chapter XXXV American Inns of Court
• American Board of Trial Attorneys (ABOTA)

Experience

• Defense Verdict for Oil Recycling Company (2025):
  Plaintiff was riding his motorcycle when he encountered an “oil slick” on the road, lost control, and sustained serious injuries when he was thrown onto the roadway. Plaintiff alleged that the defendant’s oil tank truck leaked oil onto the roadway the day before the accident. At the conclusion of the two-and-a-half week trial, the jury returned a defense verdict.
• Defense Judgment in Tribal Employment Action (2024): 
  Five plaintiffs employed by an Indian tribe alleged that they were harassed, threatened, and either terminated or forced to resign by the Tribal Council. Plaintiffs filed suit in Tribal Court and also filed numerous lawsuits in state court. The state court granted the Tribe’s motions to dismiss for lack of jurisdiction. After a five-day bench trial in the Tribal Court, judgment was entered for the Tribe.
• Defense Verdict in Fatal Bus/Automobile Accident (2023):
  Plaintiff’s vehicle stalled on an interstate highway during the pre-dawn hours and the driver did not engage his taillights or emergency flashers. Plaintiff’s stalled car was hit by a transit bus as it changed lanes on the interstate because the driver could not see the car. Plaintiff’s estate brought a wrongful death claim against the transportation company and its driver; after a four-week trial the jury returned a unanimous verdict for the defendants. 
• Semi-Truck/Car Accident Settlement During Trial (2023):
  Defendant’s semi tractor/trailer rear-ended another truck, pushing it into plaintiff’s vehicle. Defendant admitted liability for the accident, leaving causation and the nature/extent of plaintiff’s alleged injuries in dispute. After the parties rested and before closing arguments, plaintiff agreed to settle the case for substantially less than the amount he claimed during trial. 
• Wrongful Termination Judgment Overturned by Tribal Court of Appeals (2020):
  In 2012, plaintiff was terminated from his position as Executive Director for an Indian tribe. Plaintiff alleged wrongful termination and discrimination and sought administrative review. The Tribal Review Board rejected plaintiff’s claims after a three-week hearing in 2015. Plaintiff then sued the tribe in Tribal Court. After four years of litigation, the case was tried and the Tribal Court overturned the administrative decision and found for the plaintiff. On appeal, the Tribal Court of Appeals held that the tribe was protected by sovereign immunity and the Tribal Court exceeded its jurisdiction by providing a remedy for the plaintiff. The Tribal Court order was reversed and the judgment awarding damages was vacated.  
• Defense Verdict for Motorcycle Boot Manufacturer (2018): 
  While riding his dirt bike, the plaintiff collided with another rider, severing the big toe on his foot and other injuries. Plaintiff alleged that his motorcycle boots, which were manufactured by the defendant, should have prevented the foot injury. After a two-week trial, the jury returned a verdict for the boot manufacturer.
• Heavy Equipment Owner Receives Favorable Verdict (2017):
  Plaintiff was removing a heavy steel plate from defendant’s “screen plant” – heavy equipment used to separate rock, gravel, and sand – when the steel plate fell on his head, fracturing his skull, several vertebrae, and damaging his spinal cord. After a five-week trial, the jury found the plaintiff was comparatively negligent and rendered a verdict that was significantly less than plaintiff’s pre-trial demand, and less than his medical bills and wage/income loss.  
• Dismissal of County for Alleged Civil Rights Violations (2017):
  Obtained summary judgment dismissal of a County in federal court, where plaintiff alleged the County Sheriff violated his civil rights by executing a search warrant under false claims and then wrongfully seized his property. Plaintiff appealed to the Ninth Circuit Court of Appeals; the Ninth Circuit affirmed summary judgment, finding the County did not violate the plaintiff’s civil rights.
• Defense of City – Wrongful Death:
  Co-lead counsel for the City of Tacoma in a wrongful death action where the chief of police confronted and murdered his estranged wife, then killed himself in front of their young children. Worked with the family of the deceased to achieve settlement that included raising awareness of domestic violence, construction and facilitation of the Crystal Judson Family Justice Center for victims of domestic violence, and education/awareness of officer-involved domestic violence issues.
• Dismissal of County – Wrongful Death:
  Plaintiff’s husband called 911 to report a heart attack but hung up before providing his identification or location. Plaintiff came home from work and found her deceased husband on the kitchen floor. Plaintiff sued the County; the County was dismissed on summary judgment. The court of appeals affirmed summary judgment and plaintiff sought review by the State Supreme Court. The Supreme Court also affirmed summary judgment. See, Cummins v. Lewis County, 156 Wn.2d 844, 133 P.3d 459 (2006).