Dave practices in our Insurance Solutions, General Litigation, Appellate Advocacy, Construction and Product Liability Practice Groups.
Dave has been practicing law for almost 30 years. He is considered a “lawyer’s lawyer”. Fellow lawyers in the community, around the State and within the Firm seek out his opinion. His fellow lawyers ask him to serve as a neutral arbitrator and mediator in a wide variety of disputes. Dave brings his unique skill set to the successful resolution and defense of professional liability, insurance coverage, transportation, premises, products liability, labor law, construction defect and general liability claims. He combines this broad experience in his oversight and management of portfolio risk matters.
The first 10 years of Dave’s practice involved defending doctors, nurses, healthcare professionals and healthcare facilities in malpractice and licensure matters. Doing so, Dave gained valuable trial experience and began to earn his reputation as a thorough, detailed and well-organized trial lawyer. With that firm, Dave rose from Associate to Partner in less than 4 years. After those first 10 years, Dave shifted his focus and spent the following 15 ½ years practicing plaintiff’s personal injury law with a large and established firm, joining as a Senior Trial Attorney. In that role, Dave managed a very large portfolio of cases in all stages of pre-litigation, active litigation and trial. Dave then returned to civil defense and accepted a partnership in a practice representing insureds and carriers in the defense to tort claims, subrogation matters, construction defects and insurance coverage matters. After holding this partnership for over 3 years, Dave joined us in the Fall of 2020.
He serves as a faculty member on continuing legal education panels, advising his fellow attorneys on updates in the law and practice skills. He has lectured for the Defense Research Institute (DRI), the New York State Bar Association, the Bar Association of Erie County, the New York State Trial Lawyers Association and the Western New York Trial Lawyers. He has twice served on the Board of the Western New York Trial Lawyers, as treasurer and director. With DRI, Dave is active in the Alternative Dispute Resolution Committee.
Professionally, Dave is most proud of his peer review rankings by his fellow lawyers and the judges before whom he practices. Dave is rated AV Preeminent by Martindale-Hubbell; he has been chosen for Best Lawyers in America since 2001; he has been included in the New York State Super Lawyers since 2006; and in Buffalo Spree Best Lawyers in Western New York since 2011.
Personally, Dave is most proud of his family. He and his bride Kathleen have been married for over thirty years and have 3 children: Ben age 25; Shannon age 22; and Caroline age 16. Away from the office, (and often in the office) Dave is a devout Bruce Springsteen fan, whose music has been the soundtrack of his life. He believes that The Godfather Parts I and II are the greatest movies ever made and enjoys quoting Seinfeld references whenever possible.
B.S. Economics, Dual Concentration, Commerce and Labor Relations, Niagara University, 1988
J.D. The University of Dayton School of Law, 1991
Martindale-Hubbell Peer Review Rated – AV® Preeminent™ Listed In Best Lawyers in America Since 2001
New York State Super Lawyers Since 2006
Buffalo Spree Best Lawyers in Western New York Since 2011
Selected for inclusion in The Best Lawyers In America 2021 for work in Personal Injury Litigation – Defendants
Martindale-Hubbell Directory of Distinguished Attorneys
Cambridge Who’s Who Among Executives, Professionals and Entrepreneurs
Defense Research Institute
Alternative Dispute Resolution Committee
Chair Publications and Online Committees
Presenter, Litigation Skills Seminar 2019 and 2021
Defense Association of New York
New York State Bar Association
Bar Association of Erie County
New York State Trial Lawyers Association
Western New York Trial Lawyers
Dompkowski v. Roussey, 30 AD3d 1105 (4th. Dept. 2006)
Gray v. Hedlund, 244 AD2d 949 (4th. Dept. 1997)
New York Cent. Mut. Fire Ins. Co. v. Hill, 24 AD3d 1267 (4th. Dept 2005)
Bogardus v. Maron, 309 AD2d 1272 (4th. Dept. 2003)
Lozzi v. Fuller Road Management Corporation, 175 AD3d 1815 (4th. Dept. 2019)
Kladstrup v. Westfall Health Care Center, Inc., 183 Misc.2d 11 (Supreme Court, Monroe County 1999)
Gustke v. Nickerson, 159 AD3d 1573 (4th. Dept. 2018)
Niedermeier v. St. Joseph Hosp., 188 Misc.2d. 107 (Supreme Court, Erie County, 2001)
Advisory Board Member, Honor Flight
Member, Board of Directors, Hands Down With Heart, Inc.
Past President, St. George’s Parish Council, West Falls, New York
Coach and Sponsor, Orchard Park Little League
Presenter, “Alternate Dispute Resolution,” DRI, March 2019
Presenter, “Construction Site Accident Claims and Litigation,” New York State Bar Association, November 2019
Presenter, “Premises Liability,” New York State Bar Association, October 2019
Presenter, “Understanding the Labor Law,” In-House Training for Professionals and Risk Managers, September 2019
Presenter, “Intro to Civil Practice Motion Practice,” New York State Bar Association, June 2018
Rear-End Accidents in New York State, Bill of Particulars, New York State Trial Lawyers, 2011
Editorial Board Member, New York Motor Vehicle Accidents, James Publishing Company
Editor, New York Motor Vehicle Accidents