As a shareholder in the firm's Casualty Department, David primarily litigates premises liability matters for a wide spectrum of clients, from large commercial enterprises to individuals. David handles a wide variety of cases, including slip and falls, retail store accidents, assault cases, product liability, dog bites, indemnity claims, dram shop/liquor liability cases and automobile accidents. David also serves as arbitrator and Judge Pro Tem for the Philadelphia Court of Common Pleas and the Federal Court for the Eastern District of Pennsylvania.
A trial attorney for more than 30 years, David has tried a large number of cases before juries and arbitrators in both the state and federal courts. Prior to joining Marshall Dennehey, David worked for Liberty Mutual's field legal office in Philadelphia, handling general liability and workers' compensation matters. David rose through the ranks at Liberty Mutual to become an Attorney of Record and then managing attorney of the office, overseeing a sizeable staff of attorneys, paralegals and support staff for one of Liberty Mutual's largest in-house counsel operations in the country.
Significant Representative Matters
•Successfully defended a homeowner in a Philadelphia jury trial whose tenant - his daughter and family - had a pit bull that jumped a fence and mauled the elderly neighbor next door.
•Granted a non-suit in a Philadelphia jury trial involving two adjacent homeowners whose shared common walkway was the location upon which the plaintiff tripped. We successfully argued that the alleged defect, a minimal height difference between the adjoining concrete surfaces, was trivial as a matter of law and barred a recovery by the injured plaintiff.
•Represented appellant Turner Construction Company in a case in which the Pennsylvania Superior Court reversed the lower court in Turner's favor. The court permitted the late service of an indemnity cross-claim by Turner and re-affirmed the principle that an indemnity agreement was not enforceable against an employer of the plaintiff in a third party action unless the agreement specifically covered claims by employees. Bianculli v. Turner Construction Co., et al., 433 Pa.Super. 237, 640 A.2d 461 (1994).
•Represented a construction company alleged to have negligently dislodged a ceiling tile above the food court of a shopping mall, resulting in significant neurological injuries to a customer. The case resulted in a lengthy jury trial during which the co-defendant mall, faced with punitive damages exposure, settled with the plaintiff for a significant sum. The jury found that the client company was only a minor contributor to the accident.
•Represented a leading package delivery and logistics services company in a case where their driver admitted to striking the plaintiff's vehicle. Despite this admission and proof that the plaintiff sustained a thoracic herniation, the jury returned a defense verdict for plaintiff's failure to prove a causal link between the accident and the injury.
•Represented a large construction company in a jury trial in which it was alleged that a company truck crossed the center line of a roadway and forced the plaintiff motorcyclist to fall and sustain severe leg injuries. The jury returned a nominal award for the plaintiff after the defense countered the extent of pain and suffering through aggressive use of surveillance techniques.
•Pennsylvania's Fair Share Act: Practical Pointers for Litigators, Defense Digest, Vol. 20, No. 2, June 2014, co-author
•Served on Pennsylvania Bar Institute faculty in 2013 for presentations concerning the Pennsylvania Fair Share Act and its effect on civil litigation from the defense perspective
•Attorney Development Program, Liberty Mutual
•Conflicts of Interest and Medicare Set-Asides, Liberty Mutual CLE Programs
•Presentations to Liberty Mutual claims groups on a variety of topics; including, internal litigation management protocols, the statute of repose in construction claims, wrongful death/survivor actions, dog bite cases, and topical discovery issues
Past Employment Positions
•Jenkins, Wolf, Rubinate & Hasson, Philadelphia, PA, Field Counsel for Liberty Mutual Insurance Company, 1986 - 2007
•Stanford Shmukler, Esq. and Richard Atkins, Esq., Associate, 1983 - 1986
•Honorable George J. Ivins, Court of Common Pleas of Philadelphia County, Law Clerk, 1981 - 1983