M. David Short, Partner

Representative Experience

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 dismissal of complaint against a Spanish manufacturer based on the lack of personal jurisdiction.
  • 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 manufacturer in an action pending in the Supreme Court of New York, County of Kings, following the co-defendant's spoliation of critical evidence.
  • Obtained summary judgment for marine engine manufacturer in case in which its allegedly defective outboard engines caused a cigarette boat to roll and flip.
  • Secured summary judgment for manufacturer on Plaintiff's strict product liability and negligence claims based on the statues of limitations.
  • 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 clients 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 wasm affirmed.
  • Argued appeal in Ingram v. Life Fitness, et al., in which the New York Appellate Division, First Department reversed the trial court's denial of Life Fitness's motion for summary judgment and entered judgment in its favor.

Commercial Litigation

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

Employment

  • Representation of Burlington Northern Santa Fe Railway Co. in actions brought against it for alleged violations of Title VII, including racial discrimination, gender discrimination, sexual harassment, and national origin discrimination.

Intellectual Property

  • Representation of plaintiffs and defendants in actions brought under the Lanham Act and state trademark laws.

Medical Malpractice

  • Achieved defense verdict as second chair in medical malpractice trial.
  • Representation of state-employed psychiatrist in wrongful ;death action.
  • Representation of numerous physicians in alleged medical malpractice claims.

Negligence

  • Obtained summary judgment for the Chicago Transit Authority in wrongful death action based on its alleged failure to transport decedent for dialysis.