David A. Johnson

David A. Johnson is a Senior Shareholder in the Tort and Commercial Litigation Sections of Cowles Thompson. David’s practice areas include premises liability litigation, product liability defense, trucking litigation, aviation litigation, healthcare litigation, and commercial and complex business litigation.

• Obtained take-nothing Summary Judgment on all claims of negligence asserted against a client in Collin County, Texas. Plaintiff, a professional power lifter and bodybuilder, alleged numerous personal injuries resulting from purported defects in a weight bench that Plaintiff was using while working out at a local gym.  Obtained complete dismissal on all claims by arguing, on behalf of the client gym owner, that the weight bench did not constitute an “unreasonably dangerous condition,” and even if there was a defect with the bench (which there was not), there was no notice to the premises owner of any alleged dangerous condition that caused injury to Plaintiff.  2021
• Obtained a take-nothing Summary Judgment on all claims of products liability and negligence asserted against a client in Bee County, Texas. Plaintiff, a paraplegic inmate in the custody of the Texas Department of Criminal Justice, alleged that a heating unit on a prison bus malfunctioned and caused second- and third-degree burns to his legs during transport.  Plaintiff sought in excess of $1 million for his alleged injuries.  Obtained complete dismissal on all claims through argument that there was no manufacturing, design, or marketing defect present when the product was manufactured and placed into the stream of commerce by our client.  Further successfully established there was a “substantial alteration” in the product during subsequent maintenance of the product (which was outside the control of the client) that proximately caused the alleged injuries.   2021
• Obtained numerous Summary Judgments and complete dismissals of premises liability/negligence claims in Dallas, Tarrant, Collin, Kaufman, and Rockwall Counties for national retail client. 2002-2021
• Successful jury trial in which minor Plaintiff sought in excess of $1 million in damages allegedly resulting from a traumatic brain injury in Hunt County. By stipulating to liability, acknowledging limited injuries, but contesting allegations of traumatic brain injury before a jury, Plaintiff agreed to settlement on second day of trial for fraction of pre-trial demand in case. 2020
• Successfully limited damages to less than $200,000 at a jury trial in Dallas County where Plaintiff sought damages in excess of $7 million against franchisee client related to injuries to lumbar spine resulting in multiple surgeries, as well as traumatic brain injury. 2018
• Successful jury trial in which plaintiff sought damages in excess of $5 million for alleged injuries arising out of a trucking accident with our client, an oil field services company. By stipulating to liability and contesting the plaintiff’s alleged brain injury, we limited damages to those relevant to the plaintiff’s uncontested spinal injury, which were a fraction of those sought by the plaintiff from the West Texas jury.  2018
• Obtained Summary Judgment and complete dismissal of all claims in state court on behalf of a client