Pat Maloney Sr.
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Pat Maloney Sr. (August 9, 1924 – September 11, 2005), also known as PM, was an American
trial lawyer A lawyer is a person who Practice of law, practices law. The role of a lawyer varies greatly across different Jurisdiction, legal jurisdictions. A lawyer can be classified as an advocate, attorney at law, attorney, barrister, canonist, canon l ...
. Based in
San Antonio, Texas ("Cradle of Freedom") , image_map = , mapsize = 220px , map_caption = Interactive map of San Antonio , subdivision_type = Country , subdivision_name = United States , subdivision_type1= State , subdivision_name1 = Texas , subdivision_t ...
, Maloney was a "firebrand plaintiffs' lawyer known as the king of
torts A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
."Carmina Danini
Pat Maloney Sr., King of Torts in San Antonio, Dies
''San Antonio Express-News'' (September 18, 2005).
Joe Holley, Obituary

''Washington Post'' (September 21, 2005).
During his 50-year career, he won verdicts of $1 million or more in 100 cases, and won the first million-dollar verdict in the
history of San Antonio The City of San Antonio is one of the oldest Spanish settlements in Texas and was, for decades, its largest city. Before Spanish colonization, the site was occupied for thousands of years by varying cultures of indigenous peoples. The historic ...
.


Early life, education, and military service

Maloney was born to a poor
Irish Catholic Irish Catholics are an ethnoreligious group native to Ireland whose members are both Catholic and Irish. They have a large diaspora, which includes over 36 million American citizens and over 14 million British citizens (a quarter of the British ...
family in San Antonio, on August 9, 1924. He enrolled at the
University of Texas at Austin The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
in fall 1941 with $50, intending to study
journalism Journalism is the production and distribution of reports on the interaction of events, facts, ideas, and people that are the "news of the day" and that informs society to at least some degree. The word, a noun, applies to the occupation (profes ...
. After the Japanese
attack on Pearl Harbor The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii ...
in December 1941, Maloney left college to join the
Marine Corps Marines, or naval infantry, are typically a military force trained to operate in littoral zones in support of naval operations. Historically, tasks undertaken by marines have included helping maintain discipline and order aboard the ship (refl ...
. He served in the Pacific Theater of Operations and was wounded in action on
Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
and Iwo Jima, receiving a
Purple Heart The Purple Heart (PH) is a United States military decoration awarded in the name of the President to those wounded or killed while serving, on or after 5 April 1917, with the U.S. military. With its forerunner, the Badge of Military Merit, w ...
. Following an
honorable discharge A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and th ...
, Maloney returned to the University of Texas in 1945, and received a
bachelor's degree A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six ...
in journalism in 1948. Maloney worked as a
sportswriter Sports journalism is a form of writing that reports on matters pertaining to sporting topics and competitions. Sports journalism started in the early 1800s when it was targeted to the social elite and transitioned into an integral part of the n ...
before meeting a law student, Olive Patricia Boger, whom later he married and briefly practiced with. Maloney enrolled in the
University of Texas School of Law The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
while still working as a sportswriter; he graduated in 1950.


Career

During a career that spanned 50 years, Maloney was known for his many well-publicized cases, especially in
personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...
and
products liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has bro ...
. He represented a variety of clients, including the Congregation of Sisters of Charity of the Incarnate Word; Duval County rancher and oil tycoon
Clinton Manges Clinton Manges (August 22, 1923 – September 23, 2010) was a controversial oil tycoon in Texas in the 1970s and 1980s. Manges was born in Cement, Oklahoma. He began to amass his fortune in South Texas in the early 1970s, when he befriended Llo ...
; and San Antonio
madam Madam (), or madame ( or ), is a polite and formal form of address for Woman, women in the English language, often contracted to ma'am (pronounced in American English and this way but also in British English). The term derives from the French ...
, Theresa Brown, whom Maloney once described as "an intellectual giant." During law school, Maloney thought he would later join the staff of
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
as a
speechwriter A speechwriter is a person who is hired to prepare and write speeches that will be delivered by another person. Speechwriters are employed by many senior-level elected officials and executives in the government and private sectors. They can also b ...
. However, Maloney instead joined became a
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
, joining the
Bexar County Bexar County ( or ; es, Béxar ) is a county in the U.S. state of Texas. It is in South Texas and its county seat is San Antonio. As of the 2020 census, the population was 2,009,324. Bexar County is included in the San Antonio–New Brau ...
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
. He spent three years there, becoming chief trial attorney and first assistant DA. In 1953, after losing an election for Bexar County district attorney, Maloney entered
private practice Private practice may refer to: *Private sector practice **Practice of law In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiati ...
, establishing his own
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
, the Law Offices of Pat Maloney, PC. Maloney's first multimillion-dollar verdict came against Southwestern Bell Telephone Company in 1976 and 1977. One of Maloney's most notable case arose from a 1975
butane Butane () or ''n''-butane is an alkane with the formula C4H10. Butane is a gas at room temperature and atmospheric pressure. Butane is a highly flammable, colorless, easily liquefied gas that quickly vaporizes at room temperature. The name but ...
-tank truck disaster near the
border town A border town is a town or city close to the boundary between two countries, states, or regions. Usually the term implies that the nearness to the border is one of the things the place is most famous for. With close proximities to a different cou ...
of
Eagle Pass, Texas Eagle Pass is a city in and the county seat of Maverick County in the U.S. state of Texas. Its population was 28,130 as of the 2020 census. Eagle Pass borders the city of Piedras Negras, Coahuila, Mexico, which is to the southwest and across t ...
; 16 people died, and many more injured, after the truck swerved, jackknifed, and exploded; setting a
mobile home park A trailer park,caravan park, mobile home park, mobile home community or manufactured home community is a temporary or permanent area for mobile homes and travel trailers. Advantages include low cost compared to other housing, and quick and ea ...
ablaze. Following a 12-week trial in Del Rio, a state court jury awarded $50.1 million in
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
to victims of the disaster; a 14-year-old boy and his father, who Maloney represented, was awarded $26.5 million, a little over half the total amount. This was at that time the largest personal injury verdict in the United States. "Known for his flamboyant courtroom tactics," Maloney was also well known for his "Knowing the Law"
television commercial A television advertisement (also called a television commercial, TV commercial, commercial, spot, television spot, TV spot, advert, television advert, TV advert, television ad, TV ad or simply an ad) is a span of television programming produce ...
s on various legal issues, which he began in 1973. In 1979, Maloney represented two young Vietnamese brothers in a murder trial. Maloney was not a criminal defense attorney, but took the case ''
pro bono ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
'' after a San Antonio
parish priest A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or ...
with whom Maloney was close told him it was his Christian duty to do so. Maloney's clients were accused of killing a fellow Texas
Gulf Coast The Gulf Coast of the United States, also known as the Gulf South, is the coast, coastline along the Southern United States where they meet the Gulf of Mexico. The list of U.S. states and territories by coastline, coastal states that have a shor ...
crab Crabs are decapod crustaceans of the infraorder Brachyura, which typically have a very short projecting "tail" (abdomen) ( el, βραχύς , translit=brachys = short, / = tail), usually hidden entirely under the thorax. They live in all the ...
fisherman in
Seadrift, Texas Seadrift is a city in Calhoun County, Texas, Calhoun County, Texas, United States. The population was 1,364 at the 2010 census. It is a part of the Victoria, Texas Victoria metropolitan area, Metropolitan Statistical Area. Geography Seadrift is l ...
"who had terrorized them as part of an orchestrated effort to drive the newly arrived Vietnamese immigrants out of the coastal area." The two fisherman had shot the man six times, and Maloney had "insulted the town where the case was tried (
Seguin, Texas Seguin ( ) is a city in and the county seat of Guadalupe County, Texas, United States; as of the 2020 census, its population was 29,433. Its economy is primarily supported by a regional hospital, as well as the Schertz-Seguin Local Government C ...
) with barroom comments published in the newspaper," yet Maloney's clients were still
acquitted In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
of the crime. In 1989, Maloney was included in ''
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'' magazine's list of the highest-earning trial lawyers. The next year, Maloney won four more multimillion-dollar verdicts. Known for his flamboyance, Maloney once represented, ''pro bono'', "Wimpy, a 7-year-old
Shetland sheepdog The Shetland Sheepdog, often known as the Sheltie, is a breed of herding dog that originated in the Shetland Islands of Scotland. The original name was ''Shetland Collie,'' but this caused controversy amongst Rough Collie breeders of the time, s ...
, and her owner, retired Air Force fighter pilot Sam Mencio," who were to be separated because the dog did not have a city dog tag." Maloney won the case; the '' San Antonio Express-News'' commented that the dog and her owner "had more legal talent representing them this week on a city court misdemeanor than do most capital murder defendants." Maloney was an author. He wrote ''Winning the Million Dollar Lawsuit'' (1983) and co-authored ''Trials and Deliberations: Inside the Jury Room'' (1992). In 1999, he wrote a novel, ''Give Me Your Tired, Your Poor'', which was based on the 1979 Vietnamese fisherman case. Maloney was a member of the Inner Circle of Advocates. Maloney died on September 11, 2005, of
pulmonary fibrosis Pulmonary fibrosis is a condition in which the lungs become scarred over time. Symptoms include shortness of breath, a dry cough, feeling tired, weight loss, and nail clubbing. Complications may include pulmonary hypertension, respiratory failu ...
, at age 81, at his home in San Antonio. Maloney's wife Olive Patricia Boger, died in 2004. He was survived by five children and five grandchildren.


Personal life

Maloney made himself a promise to himself during his World War II military service that if he survived the war, he would attend
Mass Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementar ...
every day. Maloney attended the
Cathedral of San Fernando Cathedral of San Fernando or San Fernando Cathedral may refer to: * Basilca Cathedral of San Fernando del Valle de Catamarca, Argentina * Metropolitan Cathedral of San Fernando (Pampanga), Philippines * Metropolitan Cathedral of San Fernando (Re ...
each day, arriving so early for the 6 a.m. Mass that the church's
rector Rector (Latin for the member of a vessel's crew who steers) may refer to: Style or title *Rector (ecclesiastical), a cleric who functions as an administrative leader in some Christian denominations *Rector (academia), a senior official in an edu ...
gave him a key to the cathedral, which he still had with him when he died. All five of Maloney's children became attorneys.Family Ties: Maloneys Pursuing the Call of the Law
''San Antonio Business Journal'', December 8, 1996.


Notes

{{DEFAULTSORT:Maloney, Pat Sr. 1924 births 2005 deaths American people of Irish descent Lawyers from San Antonio Moody College of Communication alumni University of Texas School of Law alumni 20th-century American lawyers United States Marine Corps personnel of World War II