David A. McFarland’s trial practice focuses on personal injury litigation, dram shop litigation, medical malpractice and products liability. An experienced trial lawyer, David has represented clients in several hundred death and injury claims, which has created a solid foundation of experience.
David has defended hundreds of business owners in cases seeking recovery under a premises liability theory. In claims asserted under the Texas Dram Shop Statute, he has represented numerous store owners, bars, and restaurants. He continues to represent clients in cases involving construction defect and product liability allegations. As an advisor to clients, David delivers seminars and training on issues of current interest and need.
David's health care clients have included hospitals, long term care facilities, practicing nurses and physicians, medical device manufacturers, and pharmaceutical companies. David has handled the defense of statewide, multi-claimant litigation. He served as defense counsel for a major pharmaceutical company in the fen/phen litigation.
- Obtained summary judgment in a wrongful death case in Tarrant County in which plaintiffs were seeking in excess of $3 million for a murder committed on the premises.
- Obtained summary judgment in a premises liability case pending in Tarrant County.
- Won a jury verdict in a wrongful death/dram shop lawsuit in Tarrant County where two people were killed in an automobile accident caused by a drunk driver.
- Won a jury verdict in a wrongful death/product liability lawsuit in Duval County wherein Plaintiff was killed in an oilfield accident.
- Simonson, M.D. vs Keppard, 225 SW3rd 868 (Tex App- Dallas 2007) Won appeal of trial court's order denying client's motion to dismiss for the plaintiff's failure to file an adequate expert report.
- Won a jury verdict in a breach of contract lawsuit against a construction company.
- Obtained a dismissal in a medical malpractice case after challenging Plaintiff's expert report and successfully handled the appeal.
- Obtained summary judgment in a wrongful death lawsuit involving violations of the Texas Dram Shop Statute.
- Obtained a favorable resolution on behalf of a large pharmaceutical corporation in a multi-party product liability case.
- Obtained summary judgment in a product liability lawsuit on behalf of manufacturer.
Professional and Community Activities
- Dallas Bar Association
- Southlake Carroll Independent School District Bond Committee
- Tarrant County Bar Association
- Member White Chapel Methodist Church
Speeches and Presentations
- February 2009, Tripartite Relationship
- Named by Law & Politics magazine's Texas Super Lawyers® - Super Lawyer, Corporate Counsel Edition and Business Edition for Personal Injury Defense: General in 2010.
- Named by Law & Politics magazine's Texas Super Lawyers® - Super Lawyer for Personal Injury Defense: General 2009 - 2012.
- Named a Rising Star in Law & Politics magazine in 2004.
- Named one of the Best Lawyers Under 40 by D Magazine in 2006.
- “AV” Peer Review Rated by Martindale Hubbell.
- Southern Methodist University Dedman School of Law, J.D., 1994
- Texas Tech University, B.B.A., 1994, Marketing
- Texas, 1994
- United States District Court Northern, Southern, Western and Eastern Districts of Texas
- United States Court of Appeals Fifth Circuit
- Arkansas, 2006