David B. Dowling

Mr. Dowling’s career as a trial lawyer began as Assistant District Attorney in Dauphin County in the late 1970s.  He joined Rhoads & Sinon LLP in 1981, and has handled a wide variety of litigation. In the mid-1980s he successfully defended physicians and hospitals in malpractice 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 25 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:

Mr. Dowling’s practice is not limited to Pennsylvania.  He has represented clients whose legal actions arose in Maryland, New Jersey, California, Florida 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 excellance in advocacy by achieving a jury verdict or settlement in the amount of One Million Dollars or more.

EDUCATION

Dickinson School of Law of the Pennsylvania State University (J.D., 1977)

Lycoming College (B.A., 1974)

PUBLICATIONS

"The Arrow Finally Points to Justice", The Barrister, Fall 1992

"Using a Neuropsychologist to Prove Damages in Cases Involving Mild Head Trauma", The Barrister, Spring 1996

"Careful Preparations Helps in Depositions", The Central Penn Business Journal, May 28, 1999

"Preparing an Expert", Pennsylvania Law Weekly, October 21, 1996

"Doctor, Would you Please Answer the Question?", Pennsylvania Law Weekly, March 16, 1998

"Avoiding and Responding to Connor Preliminary Objections", Pennsylvania Law Weekly, November 1, 1999

“Error of Judgment – An Obsolete Jury Instruction”, The Barrister, January 2004

“Medical Malpractice Crisis?...Not supported by the facts”

ONLINE PUBLICATIONS

Medical Malpractice Crisis? ... Not supported by the facts

Pennsylvania Superior Court Grants New Trial in DeRita v. Project Adventure and Schaefer Marine

Bars and Restaurants Must Act Responsibly To Help Avert Tragedies

SIGNIFICANT TRIAL VERDICTS (Plaintiff)

Hynen v. Melissa Cummings, et al., – Dauphin County, 2008 Jury Verdict $2,216,000

Bartell v Straub – Snyder County, 1988, Jury Verdict $1,500,000.00

Mick v. Young, et al. – Lebanon County, 1998, Jury Verdict $1,000,000.00

Sands v Wagner, et al.– U.S.D.C., Middle District, 2003, Jury Verdict $1,250,000.00

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 2008 - Dauphin County

RECENT SETTLEMENTS

$1.2 Million 2005 – Medical Malpractice, Birth Related Injuries

$1.0 Million 2005 – Auto Accident, Wrongful Death Claim

$400,000 – 2006 Comstruction 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)

SIGNIFICANT APPELLATE DECISIONS

Consevage v. Page - (Pa.  Superior Ct. - January 2005) (Superior Court reversed trial ct., which had granted summary judgment in a med. mal. 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 Ct. 2004) (Superior Court established the discoverability of an expert witnesses Federal 1099 forms.)

Wisniski v. Brown & Brown  - (Pa. Superior Ct. 2004) (Superior Court established a duty of an insurance agent to inspect commercial property.)

Schroeder v. Department of Transportation – (April 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) (PA Supreme Court reversed Commonwealth Court concerning statutory immunity for highway defects in a case against PennDOT.)

Printer Friendly Version Phone:      (717) 231-6647 Fax:          (717) 231-6637 ddowling@rhoads-sinon.com Practice Groups: Personal Injury Commercial Litigation

BAR ADMITTANCE

Admitted to practice before the Pennsylvania Supreme Court, the United States District Court for the Middle District of Pennsylvania and the United States Third Circuit Court of Appeals

MEMBERSHIPS & AFFILIATIONS

Pennsylvania and Dauphin County Bar Associations

Association of Trial Lawyers of America

Pennsylvania Trial Lawyers

Pennsylvania Bar Institute, Lecturer

The Dickinson School of Law of the Pennsylvania State University, Lecturer and Adjunct Professor (1990-Present)

Member, The Phoenix Society, dedicated to helping burn victims and their families

“Superlawyers”, Philadelphia Magazine (2005, 2006)

Member and Former Chairman, Lower Paxton Zoning Hearing Board