David B. Dowling

David B. Dowling

Location:
Harrisburg, Pennsylvania
Phone:
717-260-3527
866-534-4404 (Toll Free)
Fax:
717-238-4809
Email:

Mr. Dowling began his career as Assistant District Attorney in Dauphin County, where he worked more than three years. Since 1981, he has handled a wide variety of civil and criminal litigation. Early in his career he successfully defended physicians and hospitals in malpractice cases and defended municipalities in civil rights cases. In the criminal arena, he has obtained acquittals for clients charged with assault, vehicular homicide, official oppression, aggravated assault and ethnic intimidation. Mr. Dowling's primary emphasis, for the past 34 years, is in personal injury litigation, including automobile, product liability, medical malpractice and workplace injuries. He continues to represent clients in the following types of cases:

• automobile/truck accidents,
• pedestrian accidents,
• liquor liability actions against bars and clubs,
• actions against PennDOT for defective highways,
• premises liability claims,
• underinsured motorist claims,
• medical malpractice claims,
• legal/accounting malpractice claims,
• civil rights claims,
• workplace injury claims,
• product liability cases,
• sexual assault,
• railroad claims,
• criminal law, and
• insurance bad faith.

Mr. Dowling's practice is not limited to Pennsylvania. He has represented clients whose legal actions arose in Maryland, New Jersey, California, Florida, Kentucky and Michigan. He is a member of the Million Dollar Advocates Forum which is limited to trial attorneys who have demonstrated exceptional skill, experience and excellence in advocacy by achieving a jury verdict or settlement in the amount of One Million Dollars or more.

Significant Trial Verdicts (Plaintiff)

  • Farley v. Miller, et al. - Adams County, 2010, Assault and Battery - Award - $1.5 million
  • Hynen v. Melissa Cummings, et al., - Dauphin County, 2008 Jury Verdict $2.22 million
  • Sands v Wagner, et al.- U.S.D.Court, Middle District of Pennsylvania, 2003, Jury Verdict $1.25 million
  • Mick v. Young, et al. - Lebanon County, 1998, Jury Verdict $1 million
  • Bartell v Straub - Snyder County, 1988, Jury Verdict $1.5 million

Criminal

  • Commonwealth v. Charles, 2 Counts Vehicular Homicide - Not Guilty, Snyder County
  • Commonwealth v. Hosler, 2 Counts Assault, 2 Counts Official Oppression, 1 Count Ethnic Intimidation - Not Guilty - Dauphin County-2008

Recent Recoveries

  • $1.2 Million - 2005 - Medical Malpractice, Birth Related Injuries
  • $1.0 Million - 2005 - Auto Accident, Wrongful Death Claim
  • $400,000 – 2006 - Construction Site Accident, Back and Shoulder Injuries
  • $725,000 - 2007 - Wrongful Death/Product Liability Action
  • $320,000 - 2007 - 34 Year Old Single Man, Partial Hearing Loss
  • $675,000 - 2007 - Auto Accident/Dram Shop, Wrongful Death Claim (79-year-old-retired male)
  • $715,000 - 2007 - Auto/Truck Accident, Wrongful Death Claim (36-year-old male)
  • $990,000 - 2008 - Auto/Truck Accident, Loss of Eye (Plaintiff - Age 55, Retired)
  • $975,000 - 2009- Wrongful Death Claim (2-year-old child)
  • $800,000 - 2011 - Elevator Malfunction - Fractured Legs, two plaintiffs
  • $242,000 - 2011 - Slip and Fall, Icey Stairway, Back Injury to Truck Driver
  • $2 Million - 2011 - Wrongful Death. Punitive Damages, 77-year-old woman, Defendant convicted of First Degree Murder...Settled after jury selection and during mediation
  • $125,000 - 2012 - Premises Liability, Northumberland County, 2012, Fall in hospital by elderly male Plaintiff - fractured elbow
  • $250,000 - 2012 - Auto Accident, Dauphin County, 2012, A 73-year-old woman was a passenger in a motor vehicle, who sustained multiple injuries, including grade 4 liver laceration, right rib fractures, respiratory failure, liver abscess and renal failure - Case settled for the policy limits
  • $375,000 - 2013 - Pedestrian knock down, fractured pelvis (Dauphin County)
  • $300,000 - 2013 - Workplace injury, fall from tanker truck, shoulder injury and surgery
  • $340,000 - 2013 - Workplace injury, truck pulled from loading dock injuring forklift operator, fractured ankle
  • $1.5 Million - 2013 - Electrocution-workplace injury, loss of both arms - Maryland Law applied to case
  • $325,000 - 2013 - Auto accident, fractured ankle, 22 year old female
  • $350,000 - 2014 - Med Mal, Failure to timely diagnose meningitis, minor
  • $340,000 - 2014 - Auto Accident/Liquor Liability-fractured leg (Dauphin County)
  • $250,000 - 2015 - Auto Accident/Wrongful Death, 69 year old retired female (Cumberland County)
  • $250,000 - 2015 - Medical Malpractice, failure to diagnose shoulder fracture following auto accident
  • $350,000 - 2015 - Auto Accident/Wrongful Death, 64 year old male (Westmoreland County)
  • $620,000 - 2015 - Fractured pelvis, undiagnosed, fractured arm, Auto/Med Mal total recovery
  • $530,000 - 2015 - Wrongful Death, 62 year old male, Auto, Drunk Driver liability uim recovery
  • $900,000- 2015 - Emergency Room Negligence/Wrongful Death, 75 year old retired male
  • $1.0 Million - 2016 - Workplace Injury, occuring on farm. Temporary worker fell from the bucket of a front end loader, sustaining head and orthopedic injuries. (Lebanon County).

Significant Appellate Decisions

  • Wagonhurst v. Friends of Peace Church - (Pa Superior Court, April 20, 2018)  Dowling successfully argued that the lower court was wrong when it granted summary judgment in favor of the Friends of Peace Church, finding that it had no duty to protect business invitees who were instructed to park across the street in a private lot.  Under the specific facts of the case, Dowling argued that the Friends of Peace Church undertook certain safety measures on the night in question, which in fact created a duty owed to those crossing the street.
  • Consevage v. Page - (Pa.  Superior Court - January 2005) (Superior Court reversed trial court, which had granted summary judgment in a medical malpractice case in favor of ER Physician.)
  • DeRita v. Project Adventure, et al. - (Pa. Superior Court, 2005) (Pa. Superior Court reverses trial court and awards a new trial to parents in wrongful death, product liability, case involving their daughter.  The Superior Court held that the trial court improperly allowed negligence concepts into a case involving strict liability, and that the trial court’s curative instructions were inadequate.)
  • Cooper v. Schofstall – (Pa. Superior Court, 2004) (Superior Court established the discoverability of an expert witnesses Federal 1099 forms.)
  • Wisniski v. Brown & Brown  - (Pa. Superior Court, 2004) (Pa. Superior Court established a duty of an insurance agent to inspect commercial property.)
  • Schroeder v. Department of Transportation – (Pa. Supreme Court, 1998) (Pa. Supreme Court  reversed Commonwealth Court and restricted and   limited spoliation as a defense in design defect cases.)
  • Bartell v. Straub – (Pa. Supreme Court, 1991) (Supreme Court reversed Commonwealth Court concerning statutory immunity for highway defects in a case against PennDOT.)

Areas of Practice

  • Personal Injury Litigation

Bar Admissions

  • Pennsylvania, 1977
  • U.S. District Court Middle District of Pennsylvania
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Federal Courts, 1977
  • U.S. Supreme Court, 1977
  • Supreme Court of Pennsylvania

Education

  • Dickinson School of Law of the Pennsylvania State University, Carlisle, Pennsylvania
    • J.D. - 1977
  • Lycoming College, Williamsport, Pennsylvania
    • B.A. - 1974

Published Works

  • Why The Supreme Court Was Wrong In The Westboro Baptist Church Protest Case, March, 2011
  • Pennsylvania Superior Court Grants New Trial in DeRita v. Project Adventure and Schaefer Marine
  • Medical Malpractice Crisis?...Not supported by the facts, Michigan Law Review
  • Bars and Restaurants Must Act Responsibly To Help Avert Tragedies
  • Summary Judgment Granted in Two Separate Commercial Cases
  • Careful Preparations Helps in Depositions, The Central Penn Business Journal
  • Using a Neuropsychologist to Prove Damages in Cases Involving Mild Head Trauma, The Barrister
  • The Arrow Finally Points to Justice, The Barrister, 1992
  • Error of Judgment, An Obsolete Jury Instruction, PaTLA News
  • Avoiding and Responding to Connor Preliminary Objections, Pennsylvania Law Weekly
  • Doctor, Would you Please Answer the Question?, Pennsylvania Law Weekly
  • Preparing an Expert, Pennsylvania Law Weekly

Classes/Seminars

  • Lecturer, Pennsylvania Bar Institute
  • Lecturer and Adjunct Professor, 1990-2009, The Dickinson School of Law of the Pennsylvania State University

Honors and Awards

  • BV Distinguished Peer Review Rated
  • "Superlawyers". Philadelphia Magazine, 2005, 2006, 2011, 2012, 2013
  • Select Lawyers, Medical Malpractice Law and Personal Injury & Auto Accidents Law, 2016

Professional Associations and Memberships

  • Dauphin County Bar Association, Member
  • Pennsylvania Bar Association, Member
  • Association of Trial Lawyers of America, Member
  • Pennsylvania Association for Justice, Member
  • Pennsylvania Bar Institute, Lecturer
  • Pennsylvania Trial Lawyers Association, Member
  • Million Dollar Advocates Forum, Member

Past Employment Positions

  • Rhoads & Sinon LLP, Partner, 1981 - 2018
  • Dauphin County, Pennsylvania, Assistant District Attorney, 1977 - 1981

Pro Bono Activities

  • Member and Former Chairman, Lower Paxton Zoning Hearing Board, 1991 - Present
  • The Dickinson School of Law of the Pennsylvania State University , Lecturer and Adjunct Professor, 1990 - 2009
  • Board Member, Keystone Area Counsel - BSA