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Admission Dates & Jurisdictions

State Bar of Texas (1983 to present)

State Bar of Oklahoma (1994 to present)

State Bar of Colorado (2009 to present)

U.S. District Courts: Eastern and Western Districts of Texas; Eastern District of Oklahoma

U.S. Courts of Appeal: Fifth and Tenth Circuit

 

Education

St. Mary’s University School of Law, San Antonio, TX

 Juris Doctorate, 1983

 North Texas State University, Denton, TX

 B.B.A., 1980

 

Professional Experience

Law Office of David M. Kennedy, P.C. (2001 to the present)

President and Owner. Firm maintains a practice of Nursing Home Abuse/Neglect, Medical Malpractice, Products Liability, major Truck/Auto accidents, and general civil litigation cases. Cases handled on a multi-state level. Mediator.

Sanders, O’Hanlon, Motley & Young, P.L.L.C. (2015 to 3/2016)

Served ‘Of Counsel’ to the firm that emphasizes business litigation in state and federal court.

Kennedy & Minshew, P.C. (1983 to 2001)

Shareholder and attorney. This firm handled most all areas of litigation, real estate, bankruptcy, estate planning, family, and criminal law. My practice was exclusively litigation, consisting mainly of Nursing Home/Medical Malpractice, Product Liability, and general civil litigation.

Honors & Awards

National Board of Trial Advocacy:

Civil Trial Specialist

  • Board of Examiners (2003)
  • Legal Writing Review Committee (2003 to present)

National Board of Civil Practice Advocacy:

Civil Pretrial Practice Advocate (2012 to present)

Texas Board of Legal Specialization:

Personal Injury Trial Law

Named a Texas Super Lawyer, 2006 – 2011, 2017

 

Professional Associations

State Bar of Texas

State Bar of Oklahoma

State Bar of Colorado

American Association for Justice (formerly ATLA, 1984 to present)

Chair, Nursing Home Litigation Group (07/02-07/03)

Oklahoma Association for Justice (1994 to present)

Texas Trial Lawyers Association (1984-2011, 2016 to present)

Dallas Trial Lawyers Association (2016 to present)

American Bar Association (past member)

National Crime Victim Bar Association (past member)

College of the State Bar of Texas

Texas Bar Foundation

Oklahoma Bar Foundation

Verdicts & Settlements

The following is a list of cases in which I was lead counsel, and which were either tried to verdict, or settled at some point after suit was filed. All cases resulted in a minimum recovery of at least six-figures. This list is by no means a complete list of all settlements, trials, or legal matters handled for clients.

AUTO ACCIDENTS

Auto Accident

Representation of surviving family of passenger killed during an accident in a construction zone. Suit against construction company.

Auto Accident

Representation of surviving family of passenger killed during accident. Suit against multiple parties.

Auto Accident

Representation of surviving family of driver killed during accident. Suit against multiple parties.

Truck Sideswipe/Death

Represented surviving widow of man killed by drifting 18-wheeler on shoulder of the highway. Suit against driver/employer.

Truck Loading/Injuries

Representation of injured driver when his load shifted and 18-wheeler toppled during a turn. Suit against company that loaded the trailer.

Auto Accident

Representation of surviving parent of child killed as a result of a fall from an overpass after an accident. Suit against drivers of both vehicles.

Truck Accident/Death

Representation of surviving mother/estate of minor burned to death as passenger in 18-wheeler. Suit against driver=s employer and truck leasing group.

WORKPLACE DEATH (Some Cases included Product Defect Allegations)

Electrocution

Representation of surviving wife and estate of young man killed on the job while laying underground cable to residential development. Suit against utility company (general negligence), and employer for punitives (gross neglect).

Explosion

Representation of surviving wife, child, and estate of young man burned/killed on the job when a chemical waste drum exploded while he was cleaning his electrostatic paint gun. Suit against employer for punitives (gross neglect), parent company (general neglect), and product suppliers (product defects/design).

Scaffolding

Representation of surviving wife, child, estate of a young man killed on the job, when he fell to his death from scaffolding/shoring, as a result of having no safety protection by design or use. Suit against the employer for punitives (gross neglect), and the scaffolding company (product design).

Murders

Representation of the widows of 2 hotel night managers murdered by drug dealers who were hotel guests. Suit against employer for punitives (gross neglect).

Cutting Torch

Representation of minor children and estate of young man killed on the job, when the acetylene torch he was using sparked an explosion of a pipe containing hydrogenated food oil. Suit against the employer for punitives (gross neglect), and the parent company (general neglect).

PRODUCT LIABILITY

Auto park-to-reverse

Representation of husband and wife after husband was permanently crippled due to his pickup truck – while idling – shifting from park to reverse. Suit against truck manufacturer (product design).

Lawnmower

Representation of young lady who was scalped when her hair was entangled in the exposed axle of her push mower. Suit against manufacturer (design defect).

Tractor

Representation of widow of a man who started his tractor while standing beside it. Tractor started in gear, rolling forward and onto man, crushing him. Suit against tractor manufacturer (design defect).

MEDICAL MALPRACTICE

All of the following were cases filed, tried to verdict, and/or settled for at least six-figures on behalf of patients. Again, the list is a sampling.

Post-surgical Death from IV Line Misplacement/Cardiac Tamponade

Cancer Misdiagnosis resulting in unnecessary Colon Removal

Medical Treatment/Shot resulting in Partial Paralysis of the arm

Artery By-pass Surgery resulting in Drunkard=s Palsy

Failure to timely diagnose Cancer resulting in Death

Medical Drug Overdose resulting in Death

Post-surgery Excessive Medication resulting in Death

Post-surgical Death of Jehovah=s Witness from bleeding/no blood substitutes

Hand Deformity/Impairment due to ortho mistreatment/negligent credentialing

Coumadin mis-management by physician resulting in Fall/Death

Post-surgical Injuries due to Fall Risk failures in Hospital Setting

Failure to Prevent/Care for Pressure Wounds in Hospital ICU

Mismanagement of Cataract Surgery resulting in Blindness

Birth/Delivery resulting in Brachial Plexus Injury to infant (2 cases)

NURSING HOME/ASSISTED LIVING

As I have taken a leadership role on a national level in this area of law, there is no easy way to list or categorize the basis for the various cases in which I have been lead counsel. The following is a list of the types of cases in which I have been lead counsel, and all settled for at least six-figures. 

It should also be noted that some types of cases would have multiple listings if I were to list the cases separately, e.g. pressure sores. I have settled over 10 such cases where pressure sores were one of the prevalent injuries.

Pressure sores resulting in Sepsis/Death in the Nursing Home

Falls resulting in Broken Bones/Impairment in the Nursing Home

Falls resulting in Death from Bone Breaks in the Nursing Home

Falls resulting in Death from Hematomas in the Nursing Home

Resident Wandering from the Nursing Home resulting in Death

Assisted Living Resident – Death from Pressure Sores

Assisted Living Resident – Death from Stairwell Fall

Nursing Home Death due to Coumadin Overdose

Nursing Home Death due to Vest Restraint Strangulation

Nursing Home Death due to Choking on Food

Nursing Home Double Amputation due to Dehydration

Nursing Home Death due to Dehydration, Malnutrition

Nursing Home Death due to either assault/fall (never determined)

Nursing Home single Amputation due to PVD mismanagement

Nursing Home Resident Burned from unknown source

Nursing Home Resident Breaks Neck while staff transports in a Van

MISCELLANEOUS

I was lead counsel in the following cases that resulted in verdict or six-figure settlements.

Sexual Harassment of Employee

Sexual Assault of Employee

Breach of Contract/Fraud in Restaurant Development

Insurance Breach of Good Faith/Breach of Contract (2 cases)

Tortious Interference of Contractual Relations for Oil Rights

Fraud / Breach of Contract for Animal Reproductive Services

Legal Malpractice / Neglect in Real Estate Title Opinion

I was lead counsel in successful defense by dismissal or verdict of the following cases wherein a minimum of six-figure damages were alleged.

Breach of Contract for Insurance Investigation/Adjusting Services

Negligent Supervision / Sexual Assault at a church

Negligent Entrustment resulting in ATV accident

Tortious Interference / Breach of Fiduciary Duties in Home Health Contract

Copyright and Trade-Name Infringement by carport manufacturer

Fraud / Breach of Fiduciary Duties with regard to legal settlement

Malpractice by Psychologist

Homeowner Negligence resulting in injuries

Negligent Supervision & Hiring by sports bar resulting in assault

Speaking Engagements

“At Rest Or At Risk: Litigating Nursing Home Cases,” National College of Advocacy (2002) (Moderator)

“Nursing Home Litigation,” State Bar of Texas, Advanced Personal Injury Law Course (2002)

“I’ve Looked At Claims From Both Sides Now…Point – Counterpoint,” State Bar of Texas (2002)

“Intake To Trial Of A Pressure Sore Case,” Tennessee Trial Lawyers Association, Nursing Home Abuse and Neglect Course (2002) (Speaker only)

“Nursing Home Negligence, Plaintiff’s Perspective On Case Development,” Professional Education Systems Institute (2003)

“Proving Damages In Nursing Home Cases,” National College Of Advocacy (2003) (Speaker only)

“Nursing Home Litigation: Hot Topics In Discovery,” National College of Advocacy (2003)

“Nursing Home And Assisted Living Facilities: How To Expose The Truth,” National College Of Advocacy (2003)

“Essential Elements Of A Nursing Home Case,” National College Of Advocacy / ATLA Tele-seminar (2004) (Moderator)

“Nursing Home: Following The Paper Trail,” National College Of Advocacy / ATLA Tele-seminar (2004) (Moderator)

“Punitive Damages In Nursing Home Cases; Understaffing – How To Prove,” National College Of Advocacy / ATLA Tele-seminar (2005) (Speaker only)

“Evaluating Your Nursing Home / Geriatric Case In Capped States,” National College Of Advocacy (2005) (Speaker only)

“Nursing Home Topics In Oklahoma: Advanced Topics For Plaintiffs and Defendants – Proving The Falls Case,” Joint Oklahoma Bar & Oklahoma Trial Lawyers Assn’ (2007)

“Evaluating The Case For Nursing Home Neglect: Case Selection, Typical Claims, Themes,” AAJ Trial Advocacy College (2008)

“Key Players And Key Documents: Facility, Regional And Corporate Employees; Medical Director; Surveyors,” AAJ Trial Advocacy College (2008)

Instructor: Three 4-hour workshops on deposition techniques, use of documentation in case evaluation and preparation concerning nursing home cases. AAJ Trial Advocacy College (2008)

“Understanding the Role of Federal Regulations”, AAJ Nursing Home Litigation Fundamentals Seminar (2016)

 

 

 

Publications

See ‘Speaking Engagements’ above

Service Activities

Board of Trustees, Sherman Independent School District (9 years)

Legal Assistants Curriculum Advisory Committee, Grayson County Comm. College (8 years)

Board Member, Sherman Little League (6 years)

Great Days of Service, Sherman, TX (annual town cleanup, remodeling, etc.)

Habitat for Humanity, Sherman, TX (volunteer as needed)