David H. Marsh

• At Marsh, Rickard & Bryan, P.C., a major part of our personal injury practice involves representing TBI survivors and their loved ones. We are passionate about helping these clients build a brighter future. We also help connect them with the support and resources they need when they’re grappling with the devastating aftermath of a TBI., Super Lawyers Legal Leader

• Video

• Brain Injury Case - $30 Million Verdict in Jefferson County, Alabama
• Burn Case – Confidential Settlement In Jefferson County, Alabama: David Marsh and Susan Silvernail settled a case on behalf of a young girl who suffered electrical burns while playing at a municipal soccer complex. The girl came into contact with an electrical transclosure, which was located next to a playground. The case centered on allegations that the young girl would not have been burned if the transclosure had been properly safeguarded. David and Susan developed evidence that showed that skilled electricians had been on-site numerous times before the little girl was hurt but did not remedy the problem.
• Trucking Case – Confidential Settlement In Calhoun County, Alabama: Jeff Rickard and David Marsh settled a case on behalf of a young mother of two small children who was seriously injured when an 18-wheeler crashed into her automobile from behind, knocking her across the median and into oncoming eastbound I-20 traffic. She was then struck head-on by another tractor-trailer. The case focused on Federal Motor Carrier safety rules and regulations, including provisions on driver disqualification. As a result of the wreck, our client suffered a spinal cord injury and a traumatic brain injury. She is now a paraplegic and will be confined to a wheelchair the rest of her life. The settlement took into account the fact that her husband is now her primary caregiver.
• Trade Secrets – Confidential Settlement In Birmingham Federal Court: Mike Beard, Rip Andrews, Derrick Mills, David Marsh and Jane Mauzy settled an intellectual property case for an Alabama-based small business against a national corporation recognized as one of the world’s largest makers and suppliers of professional audio equipment. The Alabama business came up with a unique design for a wakeboard tower speaker. The allegation was that the national corporation wrongfully used the design in violation of a confidentiality agreement entered into between the parties. Once its trade secret was misappropriated, the Alabama business found it impossible to exercise its ownership rights and locate a new manufacturer capable of bringing the product to market. As a result, the Alabama business was forced to file a lawsuit in order to recover the value of the trade secret and right this wrong.
• Automobile Death – $4.5 Million Verdict In Cullman County, Alabama: A Cullman County jury returned a $4.5 million verdict against the city of Hanceville and one of its police officers. David Marsh and Rip Andrews tried this case involving a police officer who failed to follow the rules of the road. One winter night, a 77-year-old Hanceville woman was on her way home from work when her car was struck broadside by a Hanceville police vehicle. The officer was not in pursuit or responding to an emergency call at the time of the wreck. David and Rip told the jury that our client could not see the police car because the officer did not turn on his vehicle’s siren or blue lights, in violation of both state law and the policies and procedures of Hanceville Police Department. They also presented expert testimony that the police officer was traveling at approximately 90 miles per hour at the time of the wreck; the speed limit on this stretch of Highway 91 was 45 miles per hour. Defense counsel blamed the wreck on our client.
• Brain Injury Case – $30 Million Verdict in Jefferson County, Alabama: In May 2018, a Jefferson County jury awarded more than $30 million to a young boy who was badly hurt while he rested at a Birmingham daycare, Ressurection of Life. Attorneys David Marsh and Dylan Marsh tried the case for the little boy, Christian Dailey, and his parents, Mark and Valerie Dailey. The case grows out of a tragic event on September 25, 2015. Christian, who was 23 months old then, was sleeping in a room with other children. He was lying on the floor directly in front of a television set up on a dresser. There was no daycare worker in the room when something caused the television to fall nearly four feet and land on Christian’s head. Christian was taken to Children’s Hospital of Alabama where he was treated for a skull fracture, a brain bleed and respiratory failure with hypoxia. Christian has not, and will not, ever fully recover from the trauma to his brain. His injuries are permanent and catastrophic. Resurrection of Life Inc. fell into an exception in Alabama law that allows religious-affiliated daycares to operate without typical licensing and safeguards. It is David’s hope that this verdict can be used to change the law so that all daycares in Alabama are held to the same safe standards. David says “all child care facilities should be required to have an appropriate child-to-staff ratio, undergo safety inspections, and have insurance”.
• Surgical Mishap – Confidential Settlement in Jefferson County, Alabama: David Marsh, Ben Ford, and Susan Silvernail resolved a case on behalf of a 23-year-old woman who emerged from neck surgery catastrophically injured. The case against a Birmingham doctor and his employer grew out of the misplacement of a surgical screw, which resulted in serious damage to the young woman’s brain stem. Our client was hospitalized for months, forced to re-learn how to walk and talk. She was left with life-long impairments to her motor skills and her cognitive abilities.
• Wound Care – Confidential Settlement in Tuscaloosa County, Alabama: David Marsh, Ty Brown and Dylan Marsh represented an older woman who was critically injured while recovering from abdominal surgery. Our client was a patient at a long-term care facility. Her abdominal wound was healing well when the nurses improperly applied our client’s wound vacuum after changing a wound dressing. The improper application of the wound vacuum destroyed the skin graft on our client’s abdomen. As a result, our client’s bowels were sucked into the wound vacuum sponge causing more than a dozen holes in her bowels that now continuously leak stomach acid onto her skin. Her abdominal wound can never be closed. She is completely bedbound and can no longer eat.
• Anesthesia Mishap – Confidential Settlement in Mobile County, Alabama: Ty Brown and J.D. Marsh settled a case for the family of a 29-year-old mother who suffered an anoxic brain injury while under general anesthesia. The young woman was to undergo surgery for a leg injury when the anesthesia equipment had to be changed out. Apparently, the tube exchange caused damage to her lung and a tension pneumothorax developed. Unfortunately, neither the nurse anesthetist nor the anesthesiologist timely recognized and treated the pneumothorax. The woman never woke up and she died less than three weeks later. She left behind two young children.
• Medical Malpractice – $2.5 Million Verdict In Marion County: A Marion County jury returned a $2.5 million verdict against a nursing home in Winfield, Alabama. David Marsh and Derrick Mills represented the plaintiff and tried the case. The case grew out of the wrongful death of Norman Rhodes, a 62-year-old man who was admitted to the Golden Living Nursing Home for care and therapy following two strokes. Mr. Rhodes suffered a traumatic catheter injury, which resulted in a loss of blood that led to his death. There was evidence that the catheter injury happened when Mr. Rhodes was improperly turned by nursing home personnel. The jury considered evidence that Mr. Rhodes was unable to turn himself and could not have pulled out his catheter by himself. Also, there was evidence that the risk of injury was substantially increased when the nursing home employees failed to use a leg strap to hold Mr. Rhodes’ catheter in place.
• Automobile Death – $4.5 Million Verdict In Cullman County, Alabama
• He was lead counsel in the State's largest environmental class action settlement versus Kimberly Clarke Corporation.  He has and continues to represent various Alabama corporations in breach of contract, bad faith and fraud cases. 
• Mr. Marsh recently successfully represented the Industrial Development Board of the City of Cullman (IDB) against Electrolux Corporation and others. The case involved complex real estate issues, including loss of value and revenues involving property owned by the IDB and polluted by the defendants.
• He has also obtained the highest known wrongful death settlement in State history. One of Mr. Marsh's recent verdicts, in the amount of $29 million, was obtained in Shelby County, Alabama.  The verdict has been recognized in several national publications including the National Law Reporter, which recognized the verdict as one of the nation's top verdicts of 2005.  The case involved the death of a 40 year old husband and father of three. 
• Mr. Marsh has the largest personl injury verdict in the history of Shelby County, the largest wrongful death verdict and the largest settlement in the history of Shelby County.
• Mr. Marsh has obtained in excess of 125 million dollar plus verdicts and/or settlements.  
• He successfully represented the shareholders in a significant case against an Alabama banking corporation involving a stock for stock merger.

• David is a sustaining member of the Alabama Association for Justice, a member of the Birmingham and Alabama State Bar, the American Association for Justice, the American Board of Trial Advocates, and the American College of Trial Lawyers.
• He has recently been inducted into The Inner Circle of Advocates, which is an invitation-only group, limited to 100 lawyers in the United States. To qualify, members must have tried at least fifty personal injury jury trials and obtained at least three verdicts in excess of one-million dollars, or one verdict in excess of ten million dollars. David has done both.
• David is Past President of the Alabama Association for Justice and continues to serve on the organization's Executive Committee.
• He is a Fellow of the International Academy of Trial Lawyers, which is widely regarded as the most exclusive and prestigious trial lawyer group in the world.

•   Member, Birmingham Bar Associations
•   Member, American Board of Trial Advocates
•   Executive Committee, Alabama Trial Lawyers Association
•   Sustaining Member: Board of Governors, Alabama Association for Justice, 1983 - Present
•   Sectretary, Birmingham Trial Lawyers Association, 1981-1982
•   Member, Alabama Association for Justice    
•   Past President,  American Association for Justice, 2003-2004
•   Member, American College of Trial Lawyers Inducted into the International Academy of Trial   Lawyers
•   Executive Committee, Alabama Association for Justice, 1985-1989
•   Member, American Bar Association
•   Member, Inner Circle of Advocates, 2006 - present
•   Member, Alabama State Bar
•   Member, International Society of Barristers
•   Past President, Alabama Trial Lawyers Association
•   Member, American Association for Justice
•   Member, International Academy of Trial Lawyers

• David has authored many articles on civil litigation and is frequently asked to speak to lawyer groups on trial techniques. He co-authors, along with Tom Powell, a regular feature in the ALAJ Journal.

• Auburn University, Auburn, AL B.S. Honors: Summa Cum Laude, 1978

• David was the top vote getter as Alabama's Super Lawyer, 2008
• The Inner Circle of Advocates, an honor limited to the top 100 civil attorneys in the nation
• Super Lawyer 2008, 2009, 2010
• Inclusion in the last fifteen editions of Woodward & White's Best Lawyers in America
• Listed in the last 13 editions of The Best Lawyers in America

“I've referred cases to him and always received excellent results. A true professional and gentleman lawyer. I am honored to nominate him.”

“David is hands down the best trial lawyer in Alabama.”

“Excellent trial lawyer with great jury appeal.”