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About David

Trusted, results-driven, product liability counsel

David Short is a litigator and trial lawyer who has litigated cases in state and federal courts in 35 states, including trying cases to juries in California, Arizona, Florida and Illinois. David has also successfully handled appeals in Arizona, Illinois and New York, including arguing two matters in the New York Appellate Division, First Department. With clients including manufacturers of fitness equipment, medical devices, marine engines, bicycles and power tools, David focuses on:

  • Product liability defense
  • Commercial litigation

Clients know David is dedicated not only to mastering the details in litigation but to learning their business. Doing so enables him to keep a company’s larger interests in mind – how a case affects the enterprise, its business relationships and long-term business goals.

David has prepared and deposed numerous expert witnesses – including human factors experts, accident reconstructionists and mechanical, electrical and biomechanical engineers – and has translated highly technical knowledge into persuasive arguments before judges and juries.

Experience in Action

  • Managing portfolios of product liability matters for large manufacturers.
  • Providing overall strategic direction to clients in their products liability matters.
  • Serving as lead counsel in courtroom actions at both the trial and appellate level.
  • Representing clients in commercial and employment litigation matters.

Professional & Civic Activities

  • Trial Attorneys of America (Member)
  • Village of Glen Ellyn Environmental Commission (Commissioner)

Product Liability

  • Obtained complete defense verdict as lead trial counsel for Life Fitness in Pellegrini v. L.A. Fitness, et al., which was tried in the Superior Court of Maricopa County, Arizona. Therein, Plaintiffs claimed inter alia that a design defect in a Life Fitness low back extension machine caused a failure of the machine, which rendered the Plaintiff permanently injured and unable to work. Following a four-week trial, the jury returned a defense verdict in less than one hour.
  • Obtained defense verdict as co-trial counsel for Life Fitness in Quarta v. Life Fitness, which involved allegations that a treadmill caused severe and permanent injuries.
  • Secured dismissal on behalf of Medtronic in Rodriguez v. Medtronic, Inc, a product liability litigation matter, which involved allegations of design defect in a spinal device.
  • Secured favorable settlement during jury deliberations as cotrial counsel in case where manufacturer’s alleged negligence resulted in an above-the-knee amputation.
  • Secured favorable settlement for manufacturing client during trial shortly after cross-examination of plaintiff’s medical expert.
  • Obtained summary judgment for Life Fitness in Kalfakis v. Life Fitness, in which the plaintiff alleged he was injured as a result of a defective piece of strength equipment.
  • Obtained summary judgment for marine engine manufacturer in case in which its allegedly defective outboard engines caused a cigarette boat to roll and flip.
  • Achieved favorable settlement for Zebco Corporation in an amputation case involving an allegedly defective component part used in conjunction with a radial saw.
  • Representation of Trek Bicycle Corporation in product liability cases filed in Illinois.
  • Representation of a flameless candle manufacturer in the investigation of an incident in which it was alleged that the client’s product malfunctioned and caused a fire damaging commercial property.

Appellate

  • Drafted response brief in Pellegrini v. Life Fitness, et al., in which Plaintiffs, who lost at trial, appealed to the Arizona Court of Appeals. The trial victory was affirmed.
  • Drafted response brief in T.R. World Gym, LLC v. Brunswick Corporation, in which World Gym, whose claims were dismissed with prejudice by the trial court, appealed to the Arizona Court of Appeals. The trial court’s dismissal was affirmed.
  • Drafted response brief and argued appeal in Malouf v. Equinox Holdings, Inc., v. Life Fitness, in which Equinox, whose third-party complaint against Life Fitness was dismissed with prejudice, appealed to New York Appellate Division, First Department. The trial court’s dismissal was affirmed.

Commercial Litigation

  • Representation of client in Robinson-Patman/Lanham Act litigation between R.J. Reynolds Tobacco Co. and Cigarettes Cheaper!

News & Insights

Education

Bar Admissions

Court Admissions

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