David S. Henry

• Florida
• United States Court of Appeals, 11^th Circuit
• United States District Court, Southern District of Florida
• United States District Court, Middle District of Florida
• New York
• United States District Court, Southern District of New York
• United States District Court, Eastern District of New York
• United States District Court, Western District of New York
• United States District Court, Northern District of New York

• St. John’s University School of Law, J.D., 2007
• University of Florida, B.A., cum laude, 2004

New York: 

• Successfully defended a New York Labor Law case in which a worker was struck in the leg by a falling fan cowl cover, both at the summary judgment stage and on appeal. 
• Successfully defended a New York Labor Law case involving a worker who fell into a floor hole during the renovation of a prominent Midtown theatre, both at the summary judgment stage and during the subsequent appeal. 
• Successfully defended a New York Labor Law case involving a construction contractor at a Lowe’s site, following a severe injury sustained by an ironworker, who became trapped by construction materials while his pant leg was caught in rebar.  

• Successfully defended a New York Labor Law case involving a homeowner, where a painter sustained injuries after striking his head on a low door during painting work, necessitating multiple spinal surgeries. 
• Successfully defended a New York Labor Law case against a general contractor, following an incident where the plaintiff was electrocuted while handling cables and fell from a ladder, resulting in severe injuries. 
• Successfully defended a lawsuit against a window installer where an elderly woman suffered a hip fracture due to a falling window. 
• Successfully defended a New York Labor Law matter at a mansion, where a worker sustained significant injuries during the construction of an expansion. 
• Successfully defended a general contractor after a young boy entered an abandoned construction site and had his foot crushed by a falling I-beam, leading to the amputation of his big toe. 
• Obtained summary judgment for a restaurant and bar in a federal court case involving negligent security and violation of Dram Shop laws, following an incident where off-duty police officers fatally shot an underage male after an altercation within the premises. 
• Secured a defendant’s verdict at trial for a gastroenterologist sued for a colon perforation that required multiple surgical interventions. 
• Successfully defended a gynecologist in a lawsuit concerning multiple perforations during a gynecological procedure. 
• Obtained a defense verdict at trial for a driver and the corporate vehicle owner accused of causing significant injuries to the plaintiff. Additionally, successfully had the claim for punitive damages dismissed on procedural grounds. 
• Successfully defended a case against a trucking company involving a motorcycle accident resulting in the plaintiff’s death. 
• Successfully defended a homeowner against a suit after the plaintiff was discovered at the bottom of the homeowner’s pool, leaving the plaintiff quadriplegic. 
• Obtained a dismissal of a product liability suit against a retailer, where the plaintiff was rendered quadriplegic after diving into a lake at a YMCA. 
• Achieved a favorable verdict in a federal court trial involving property damage to a yacht, resulting in a settlement equivalent to the pre-trial offer and significantly lower than the settlement demand or the plaintiff’s trial request. 

Florida: 

• Defended two off-duty campus monitors accused of failing to initiate a Code Red response in all civil cases arising from the Marjory Stoneman Douglas/Parkland Shooting massacre.  
• Primary tort Florida defense counsel for two of the largest Gig Economy companies throughout the State of Florida. 
• Defended a Dram Shop case where it was alleged that a restaurant had over-served a driver who caused an accident. 
• Provided legal defense for a Homeowners’ Association in a child drowning case, strategically leveraging coverage positions to ensure the insurer who retained our services did not cover the defense costs. 
• Successfully defended a homeowner sued for negligent security in a case involving her tenant stabbing a neighbor. 
• Obtained summary judgment for an event host facing multiple plaintiffs’ claims, including a wrongful death claim, alleging negligence due to overcrowding and disturbances in a parking lot after an oversold event. 
• Defended a negligent security case against a property owner where the plaintiff was shot while sitting in his car after work. 
• Represented a synagogue in a negligent security case following a congregant being shot. 
• Successfully defended a negligent security case against an open-air mall in a high-risk area, securing full indemnification for my client and its insurer. 
• Defended a sexual assault case against brought by a co-employee, alleging that my client conspired to allow the sexual assault to occur and was negligent from stopping same. 
• Conducted a substantial pre-suit investigation for an insurer, ensuring compliance with good faith obligations, investigating liability and damages, and devising strategies to protect insured parties. 
• Defended a product liability action arising from an allegedly defective automobile lift. 
• Served as monitoring counsel in multiple-competing transportation cases with significant tower of coverage and exposure for multiple insurers with multiple claimants involved. 
• Defended a case against a construction company engaged in overnight work, resulting in a car striking elements of the job site, leading to fatalities. Deployment as part of the Rapid Response Team. 
• Defended a defamation case against an individual sued after a decedent allegedly committed suicide based on the client’s statements. 
• Provided legal defense for a pharmacist accused of dispensing medication without the proper prescription, which led to the decedent’s overdose and death. 
• Defended a client who was a partner in a drug rehabilitation center and the plaintiff’s decedent overdosed. 

Pro Hac Vice: 

Georgia
 

• Received a pro hac vice request to represent a defendant in Georgia, defending against allegations of negligence following the unfortunate death of an uninvited guest at his sister’s wedding, hosted at his parents’ residence.