David C. Marshall
David Marshall specializes in representing defendants in products liability, including toxic torts, and long-term care facilities, assisted living facilities and related specialties. He has defended and tried a wide variety of claims including asbestos, many types of products, premises, trucking, long-term care, breach of warranty, and disputes over commercial transactions.
A former prosecutor, he has tried over one hundred cases to verdict. In addition to Georgia, he has tried cases in California, Delaware, Florida, Kentucky, North Carolina, South Carolina, Tennessee, Texas, and Washington. He leads the Firm’s Long Term Care/Assisted Living Litigation Practice Group.
David also serves as national coordinating counsel and national trial counsel to assist clients in managing and defending litigation nationwide.
Professional Experience
Toxic Tort Litigation Practice
David has defended many of the largest manufacturers and distributors of asbestos products.
- In May 2011 David obtained a defense verdict on behalf of a national building products manufacturer in a wrongful death mesothelioma case in Greeneville, South Carolina.
- In March 2010 David obtained a defense verdict on behalf of a national building products manufacturer in a wrongful death mesothelioma case in Wilmington, Delaware.
- In January 2010 David obtained a defense verdict on behalf of a national furnace manufacturer in a living mesothelioma case in Los Angeles, California.
- In May 2008 David obtained a defense verdict on behalf of an insulation contractor in a mesothelioma wrongful death case in Chattanooga, Tennessee. Plaintiff’s counsel demanded $10 Million during closing argument.
- David was instrumental in obtaining a ruling which held that claims against contractors for asbestos exposure are barred by the real property statute of repose, resulting in the dismissal of hundreds of lawsuits.
- David represented a national manufacturer of building products in a lung cancer case in which Plaintiff alleged exposure to client’s asbestos-containing product. The trial resulted in a favorable verdict that Plaintiff is currently appealing.
- David represented Owens-Corning Fiberglass in multiple trials around the country in the late 1990s involving asbestos-related deaths, during which he received defense verdicts and favorable settlement agreements.
Products Liability Litigation
- David represents Sunbelt Rentals, a leading distributor of industrial and construction rental equipment.
- David has defended numerous scaffolding, ladder and other industrial and construction equipment manufacturers and distributors.
- David represents BMW of North America, Volkswagen of America and Audi of America for claims arising out of breach of warranty.
In January 2011 David obtained a directed verdict on behalf of an automobile manufacturer in a warranty claim where Plaintiff alleged defects which required multiple transmission replacements. The Plaintiff is currently appealing.
Premises Liability Litigation
- David represents Wendy’s/Arby’s Group, a leading national restaurant chain, as well as multiple insurance carriers in a variety of claims across the nation.
- In December 2010 David represented an apartment complex in a mold case in which Plaintiffs alleged that the apartment complex was negligent for failing to provide security, which resulted in the death of the decedent. The trial resulted in a favorable verdict.
- In August 2010 David represented an apartment complex in a case in which Plaintiff alleged that the apartment complex was negligent for failing to provide security, which resulted in the death of the decedent. The trial resulted in a favorable verdict.
- In July 2010 David represented a company that decommissioned MRI machines in a case in which the Plaintiff alleged a traumatic brain injury as a result of a decommissioning of a MRI machine that exploded during the process of being moved. The trial resulted in a favorable verdict that the Plaintiff is currently appealing.
- In May 2009 David obtained a defense verdict on behalf of a hotel in Fulton County, Georgia. The plaintiff sustained personal injuries and claimed special damages of over $500,000 for past and future medicals, including a prosthetic elbow. The defense made an offer of judgment in the amount of $200,000 prior to the trial.
Long Term Care/Assisted Living Litigation
David has represented some of the nation’s largest long-term care providers, including Golden Living Centers, Delmar Gardens Enterprises, Gentiva Health Services, Cypress Health Care Management, Signature Healthcare, and Hearthstone Management. In addition, David represents Sunrise Senior Living, one of the largest assisted living providers in the country.
- In March 2007 David obtained a defense verdict for national assisted living facility in Gwinnett County, Georgia. Plaintiff sustained personal injuries and alleged both simple negligence and professional negligence. Plaintiff contended that Defendant violated multiple Georgia Personal Care Home Regulations, Georgia Residents Rights, and its own policies and procedures.
Professional affiliations
- Defense Research Institute (DRI)
- Georgia Defense Lawyer Association
- Atlanta Bar Association
- Atlanta Claims Association
- ALFA International
- Georgia Health Care Association
- Assisted Living Federation of America
- Long Term Risk Legal Forum
- Lawyers Club of Atlanta
- Old Warhorse Lawyers Club
Honors
- Georgia Super Lawyer, Super Lawyers Magazine, Business Edition (2011)
- Georgia Super Lawyer, Super Lawyers Magazine, Corporate Counsel Edition (2008 - 2011)
- Georgia Super Lawyer, Civil Litigation Defense, Georgia Super Lawyers Magazine (2005 - 2010)
Presentations
"Asbestos Litigation -- Where It’s Been and Where It’s Going." Institute of Continuing Legal Education, Product Liability, Atlanta, Georgia (March 2011)
Article: Apportionment of Fault to a Non-Party: Pointing Fingers to Victory; D. Marshall, C. Lang, M. Wisehart; Georgia Defense Lawyers Association 2011 Law Journal (March 2011)
"OSHA and EPA (NESHAP) Asbestos Standards -- What Did They Really Say and When Did They Say It?" Defense Research Institute Asbestos Medicine Seminar, Las Vegas, Nevada (October 26-27, 2006)
"Practical, Critical Post-Incident Investigation Do's and Don'ts," Risk and Insurance Management Society, Inc. (RIMS), Atlanta, Georgia (October 19, 2006)
"The Life and Death of Ms. Smith at Peaceful Haven and the Subsequent Lawsuit Brought by Her Survivors", Georgia Health Care Association Mid-Year Convention, Stockbridge, Georgia (January 19, 2006)
"Getting the Most from Your Depositions -- Proper Interrogation Techniques: Practical and Effective Strategies for Deposing Product Identification Witnesses", Mealey's Asbestos Litigation Conference, New Orleans, Louisiana (July 21-22, 2005)
"Future of Asbestos Litigation: Trends in Asbestos Claims Filing and Litigation Costs and Recent Legislative Reform Efforts", Institute of Continuing Legal Education, Atlanta, GA (March, 2005)
"Toxic Torts", Institute of Continuing Legal Education, Atlanta, Georgia (2005)
"Nursing Home Negligence", PESI, Atlanta, Georgia (2004)
"Defending Contractors and Suppliers", Defense Research Institute Asbestos Medicine Seminar, San Diego, California (2004)
"Nursing Home Litigation", Defense Research Institute, Chicago, Illinois (2002)
Trials
- Dutt Wagers, Jr. v. Certainteed
- Matt Terrey v. BMW of North America
- Aaron Spence, et al. v. Brencor Hickory Lakes, LLC
- Wesley Hagan, Deceased v. Miles Properties, Inc.
- Eric Morris v. Turnkey Engineering, Inc.
- James Brunk v. CertainTeed
- Robert J. Cox v. Rheem Manufacturing Co.
- Bullard vs. Day Hospitality Group, Inc.
- Hugh Todd Nye v. National Service Industries, Inc.
- Judith Hunt, as the Administratix of Barbara Hunt v. Sunrise Senior Living Management, Inc.
- Jack Pounds v. Alfa Laval, Inc.
- Ava Nell Dexter (James M. Dexter, Dec'd) v. CertainTeed, et al.
- Rebecca Hill Albarado (Edward Albarado, Dec'd) v. CertainTeed
- Robert Crowley and Ann Crowley v. CertainTeed
- Timothy Flowers (Charles Flowers, Dec'd) v. Amchem
- Susan Lynn Tillman v. DTF Trucking, Inc., Hartford Fire Insurance Company and Eddie T. Garrett
- Bessie Starks v. Beverly Health & Rehabilitation Services, Inc.
- Frances B. Roure v. Mrs. Winner's L.P.
- Christopher Haywood v. Loftin's Rental, Inc. and Powermatic, Inc.
- Cecil Strickland v. Owens-Corning Fiberglas
- Johnny Butler v. Owens-Corning
- Marilyn Bittrich v. Atlanta Family Restaurants
- Marcella Crowe v. Transus, Inc.
- Ernest Smith v. Owens-Corning
- Thad Lee v. Owens-Corning
- Chatham Transport v. Burdett
- Oliver Powell v. Jewish War Veterans of the U.S.A. Atlanta Post 112, Inc. d/b/a Club 12
- Douglas C. Collins and Brenda Collins v. Atlantic Pool Corp.
Practice areas
Education
J.D., University of Georgia School of Law, 1982
B.A., magna cum laude, University of Georgia, 1979
- Phi Beta Kappa, Honors program
Upon graduation from law school, he served as an Assistant District Attorney in the Clayton Judicial Circuit, Georgia for four years, with a conviction rate of over ninety percent before entering private practice.
Bar admissions
- Florida
- Georgia
- Texas
Courts
- United States District Court (Southern District of Georgia)
- United States District Court (Northern District of Georgia)
- United States District Court (Middle District of Georgia)
- United States Court of Appeals (11th Circuit)
- Georgia Supreme Court
News
- David C. Marshall Receives Defense Verdict in South Carolina Trial
- David Marshall gives presentation in Atlanta at the ICLE Product Liability Program
- David Marshall, Chris Lang and Marc Wisehart Published in 2011 Law Journal
- David Marshall and Bill Wood Obtain Directed Verdict in Breach of Warranty Case
- David Marshall and Eric Ludwig Prevail Before the Kentucky Supreme Court
- David Marshall and Chris Lang Receive Favorable Verdict in Mold Exposure Case
- David Marshall and Chris Lang Obtain Favorable Verdict in Premises Liability Case
- David Marshall Successfully Defends Traumatic Brain Injury Case
- David Marshall Receives Defense Verdict in Mesothelioma Case
- David Marshall, Peter York and Erin Hayner Obtain Defense Verdict in Los Angeles