David M. Wilson
David is the founding Partner of the firm. After finishing his education at Auburn, he went to work with Malone Freight Lines, a truckload irregular route carrier (so described in the old days of the Interstate Commerce Commission). Shortly after beginning his employment with Malone, and wishing to expand his horizons (as well as to secure his ability to feed and house his wife and daughter), he began attending night law school, while continuing to handle the rigors of his full time day job as a dispatcher with Malone. Following his graduation from law school and passing the Bar Exam, he “hung a shingle” and spent two years as a sole practitioner, handling a variety of matters, including criminal defense, probate, domestic relations, and working as a contract attorney for a small firm with a civil litigation practice. During this short time frame, he gained a lot of trial experience. He was hired to work with an insurance defense firm in Birmingham in 1988, and has practiced exclusively in the civil defense area ever since.
Because of David’s college degree in Transportation and five year stint with Malone, transportation litigation is near and dear to his heart. His background gives him a depth of understanding of the business, and perhaps more importantly, allows him to develop a strong rapport with the truck drivers he is defending through the course of the case. David has defended hundreds of trucking related matters (primarily truck wrecks involving personal injury, but also involving cargo claims and insurance coverage issues under a business auto policy, non-trucking/bobtail policies, etc.) and has an excellent track record in achieving desired results for his clients both in trial and settlements. He continues to stay abreast of important industry issues through his membership in the Trucking Industry Defense Association (TIDA), as an active member of the Trucking Law Committee for DRI, as the primary outside counsel for litigation for the Alabama Trucking Association Workers’ Compensation Self-Insurers’ Fund, and as a regular speaker and author for industry and claims groups.
David’s trial experience is extensive, and literally ranges from the trial of dog bites (early in career) to multiple deaths arising from products liability and trucking accidents, and everything in between. Over the years, he has tried over one hundred forty jury cases to a verdict all across Alabama, in both State Court and Federal Court. In addition, he has tried over two hundred and fifty workers’ compensation (non-jury) cases to judgment, and has tried approximately fifteen workers’ compensation cases to a jury (drug impairment, intoxication and/or willful misconduct of the employee). He has over forty reported appellate decisions in a wide range of cases.
David holds the AV rating from Martindale Hubbell. He is Board Certified by the National Board of Trial Advocacy, one of only thirty-six attorneys in Alabama who have undergone the rigorous process to earn this designation. He is an “Alabama Superlawyer”, among the “Top Rated Attorneys in Birmingham,” and has received other unsolicited “vanity” lawyer listings. While he is appreciative of these recognitions, he is most gratified that his clients feel that he is a good lawyer who gets good results and submits very reasonable bills for services.
David is a very positive guy, evidenced by his favorite saying, “I was allright, but I got over it.”
Education
J.D., Birmingham School of Law (1985)
B.S., Auburn University, Transportation (1979)
Admissions
Alabama State Bar
United States District Court for Alabama (Northern, Middle & Southern Districts)
United States Circuit Court of Appeals for the Eleventh Circuit
Professional Memberships and Affiliations
Birmingham Bar Association
DRI (formerly Defense Research Institute)
- Chair, Workers’ Compensation Committee (2005 – 2007)
- Vice Chair, Workers’ Compensation Committee (2003 – 2005)
- Trucking Law Committee – Seminar Steering Committee
- Trucking Law Committee – Annual Meeting CLE Chair
- Member, Strategic Planning Committee
- Member, Partnering with Industry Associations Committee
- Has lectured at several DRI Seminars and published articles in For the Defense, and committee newsletters.
Trucking Industry Defense Association (TIDA)
International Association of Defense Counsel (IADC)
Board Certified as Civil Trial Specialist by the National Board of Trial Advocacy
Alabama Defense Lawyers Association
Alabama Workers’ Compensation Defense Lawyers Association (Vice President)
Alabama Workers’ Compensation Organization
Personal
Born in Pensacola, Florida on July 5, 1957.
Married to Patty, an aspiring Registered Dietician
Father of three children, Elena, Matthew and Patrick
Served on Board of Directors and as an Officer for the Diabetes Trust Fund for 15 years
Young Executive Board of Directors, Central Bank (now BBVA Compass Bank)
Member – Cathedral Church of the Advent, Birmingham
Reported Appellate Decisions
Susan Schein Chrysler-Dodge v. Selby Rushing
____ So. 3d ____, 2011 WL 260715, Ala. Civ. App., January 28, 2011 (NO. 2091112)
Steward Mach.Co., Inc. v. Board of Trustees of University of Alabama ex rel. Div. University of Alabama Hosp.,
36 So.3d 67, 2009 WL 3335908, Ala. Civ. App., October 16, 2009 (NO. 2080215)
Ex parte Steve Cagle Trucking Co.,
989 So.2d 560, 2008 WL 344115, Ala. Civ. App., February 8, 2008 (NO. 2061105)
Billy Barnes Enterprises, Inc. v. Williams,
982 So.2d 494, 2007 WL 2812768, Ala., September 28, 2007 (NO. 1050183)
Ex parte Baptist Health System, Inc.,
966 So.2d 920, 2007 WL 1030084, Ala., April 6, 2007 (NO. 1041914)
Associated Grocers of the South, Inc. v. Goodwin,
965 So.2d 1102, 2007 WL 1030299, Ala. Civ. App., April 6, 2007 (NO. 2050574)
Miller & Miller Const. Co. v. Madewell,
920 So.2d 571, 2005 WL 1653767, Ala. Civ. App., July 15, 2005 (NO. 2040376)
Miller & Miller Const. Co. v. Madewell,
901 So.2d 733, 2004 WL 2633607, Ala. Civ. App., November 19, 2004 (NO. 2030509)
Ex parte Williams,
895 So.2d 924, 2004 WL 1909459, Ala., August 27, 2004 (NO. 1020034)
Callaway v. Whittenton,
892 So.2d 852, 2003 WL 22977433, 52 UCC Rep.Serv.2d 525, Ala., December 19, 2003 (NO. 1020660)
Miller & Miller Const. Co. v. Madewell,
878 So.2d 1171, 2003 WL 22463405, Ala. Civ. App., October 31, 2003 (NO. 2020090)
Wade Sand & Gravel, Inc. v. Lacey,
855 So.2d 569, 2003 WL 328860, Ala. Civ. App., February 14, 2003 (NO. 2010963)
Homes of Legend v. O’Neal,
855 So.2d 536, 2003 WL 203242, Ala. Civ. App., January 31, 2003 (NO. 2010949)
Ex parte Amerigas,
855 So.2d 544, 2003 WL 203261, Ala. Civ. App., January 31, 2003 (NO. 2020041)
USA Motor Exp., Inc. v. Renner,
853 So.2d 1019, 2003 WL 133000, Ala. Civ. App., January 17, 2003 (NO. 2010732)
Alabama Power Co. v. Aldridge,
854 So.2d 554, 2002 WL 31730988, 19 IER Cases 676, Ala., December 6, 2002 (NO. 1010969)
Miller & Miller Const. Co. v. Madewell,
829 So.2d 778, 2002 WL 441950, Ala. Civ. App., March 22, 2002 (NO. 2000683)
Ex parte LFI Pierce, Inc.,
829 So.2d 163, 2002 WL 321193, Ala., March 1, 2002 (NO. 1010693)
Bess v. Waffle House, Inc.,
824 So.2d 783, 2001 WL 1658628, Ala. Civ. App., December 28, 2001 (NO. 2000215)
LFI Pierce, Inc. v. Carter,
829 So.2d 158, 2001 WL 1175351, Ala. Civ. App., October 5, 2001 (NO. 2000274)
Marshall Durbin Food Corp. v. Rogers,
825 So.2d 120, 2001 WL 527470, Ala. Civ. App., May 18, 2001 (NO. 2000195)
Ex parte Kimberly-Clark Corporation,
779 So.2d 178, 2000 WL 1273685, Ala., September 8, 2000 (NO. 1990075)
Ex parte Doster Construction, Inc.,
772 So.2d 447, 2000 WL 641104, Ala., May 19, 2000 (NO. 1990203)
Miller & Miller Const. Co. v. Madewell,
766 So.2d 855, 2000 WL 337541, Ala. Civ. App., March 31, 2000 (NO. 2981452)
Tallassee Super Foods v. Hepburn,
771 So.2d 477, 2000 WL 283899, Ala. Civ. App., March 17, 2000 (NO. 2981410)
Miller & Miller Const. Co. v. Madewell,
736 So.2d 1107, 1999 WL 305033, Ala. Civ. App., May 14, 1999 (NO. 2970084)
Ex parte Miller and Miller Construction, Inc.,
736 So.2d 1104, 1999 WL 148099, Ala., March 19, 1999 (NO. 1971933)
Gibson v. Birmingham Barracudas,
733 So.2d 427, 1999 WL 64957, Ala. Civ. App., February 12, 1999 (NO. 2971056)
Sheppard v. Massey Hauling Co., Inc.,
726 So.2d 682, 1998 WL 338111, Ala. Civ. App., February 12, 1999 (NO. 2971056)
Miller & Miller Const. Co. v. Madewell,
736 So.2d 1098, 1998 WL 290178, Ala. Civ. App., June 5, 1998 (NO. 2970084)
Ex parte R.E. Garrison Trucking, Inc.,
720 So.2d 946, 1998 WL 122733, Ala. Civ. App., March 20, 1998 (NO. 2970185)
Fant v. Champion Aviation, Inc.,
689 So.2d 32, 1997 WL 37005, Ala., January 31, 1997 (NO. 1951119, 1951013)
Ivory v. Gulf Agency,
667 So.2d 725, 1995 WL 529448, Ala., September 8, 1995 (NO. 1931293)
Ex parte Burnham Service Co., Inc.,
649 So.2d 1270, 1994 WL 576027, Ala., October 21, 1994 (NO. 1931112, 1931130)
North River Ins. Co. v. Purser,
608 So.2d 1379, 1992 WL 282074, Ala. Civ. App., October 16, 1992 (NO. 2910206, 2910211)
Owsley v. Winston Furniture Co.,
596 So.2d 12, 1992 WL 13775, Ala. Civ. App., January 31, 1992 (NO. 2900624)
Reeder v. Reagan,
590 So.2d 296, 1991 WL 203892, Ala. Civ. App., October 11, 1991 (NO. 2900476)
Valley Bldg. & Supply, Inc. v. Lombus,
590 So.2d 142, 1991 WL 242624, Ala., June 28, 1991 (NO. 89-1788)
Superior Roofing Contractors, Inc. v. Alabama Roofing, Sheet Metal, Heating & Air Conditioning Contractors’ Ass’n Self Insurers Fund,
576 So.2d 216, 1991 WL 37578, Ala., March 1, 1994 (NO. 89-909)
McDevitt & Street Co. v. Mosher Steel Co.,
574 So.2d 794, 1991 WL 26718, Ala., January 11, 1991 (NO. 89-652)
Davis v. Genuine Parts Co.,
567 So.2d 1275, 1990 WL 155490, Ala., August 31, 1990 (NO. 89-471)
