David A. Johnson

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Summary

Representative Matters

Summary

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.

Representative Matters

Obtained take-nothing Summary Judgment on all claims of negligence in wrongful death lawsuit asserted against our retail client in Eastland County, Texas. Plaintiffs, representatives of the estate of the decedent, filed a lawsuit against our client, the premises owner, alleging that the senseless murder of the decedent by a third-party assailant on its property was foreseeable to the premises owner. Obtained complete dismissal on all claims by successfully arguing that the random act of violence perpetrated by the assailant was unforeseeable to the premises owner as a matter of law, and there was no duty on the premises owner to protect invitees on the premises of criminal acts by third-parties under the facts of this case. 2023
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/ premises security/ negligence claims in Dallas, Tarrant, Denton, Collin, Kaufman, Johnson, Eastland, and Rockwall Counties for national retail client. 2002-2023
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 where Plaintiff claimed over $100,000 in damages in a premises liability claim against client. 2017
Obtained Summary Judgment and complete dismissal of all claims asserted against a contractor client in Dallas County. Plaintiff alleged the contractor failed to perform requested repairs to a local hotel, which allegedly resulted in Plaintiff suffering significant injuries in a fall down a staircase in the hotel. Plaintiff sought in excess of $5 million in the lawsuit against multiple Defendants, including our client. 2016
Successful jury trial resulting in a complete, take-nothing defense verdict involving various claims of negligence, assault, battery, intentional infliction of emotional distress and gross negligence against a multi-national retailer client in Kaufman County. Plaintiff sought in excess of $5 million in damages from the firm’s client in the lawsuit. 2016
Obtained Summary Judgment and complete dismissal of all claims in state court on behalf of a client where Plaintiff claimed assault and intentional infliction of emotional distress. 2016

Publications

Multiple speaking engagements to insurance professionals throughout United States on various topics related to Texas law, including strategies for defending premises liability cases in Texas, strategies for defending claims of traumatic brain injury in personal injury litigation, and recovery of past and future medical expenses in personal injury litigation in Texas.
“One Step Forward, Two Steps Back: Construction of Restrictive Covenants After the Implementation of Section 202.003 of the Texas Property Code,” author, Volume 32, Number 2 of the Texas Tech Law Review.

Education

J.D., cum laude, Texas Tech University School of Law, 2001
- Student Writing Editor, Law Review, 2000-2001
- Member, Phi Delta Phi, 1999-2001
- Dean’s Executive Award, 2001
- Scribe’s Award, Law Review, 2001
B.S., Political Science, Texas A&M University, 1998