David M. Paris

Top rated products liability attorney in Cleveland, Ohio

Nurenberg Paris Heller & McCarthy Co., L.P.A.
David M. Paris
Nurenberg Paris Heller & McCarthy Co., L.P.A.

Practice Areas: Products liability, Medical malpractice, Personal injury

Licensed in Ohio since: 1978

Education: Cleveland State University Cleveland-Marshall College of Law

Selected to Super Lawyers: 2004 - 2023

Nurenberg Paris Heller & McCarthy Co., L.P.A.

600 Superior Avenue East
Suite 1200
Cleveland, OH 44114 Phone: 216-621-2300 Email: David M. Paris Visit website

Details

David M. Paris, managing partner at Nurenberg, Paris, Heller & McCarthy, started with the firm as a law clerk while attending the Cleveland-Marshall College of Law. Over the past 40 years, he has appeared in more than 50 jury trials and has represented thousands of injured victims as well as 700,000 consumers in class actions. He has achieved in excess of 50 seven-figure and eight-figure settlements and verdicts for his clients with more than $250 million in total recoveries.

Many of the cases he has championed have had a direct impact on the rights of consumers in Ohio. Some of the more notable decisions have been Baughman v. State Farm Mutual Insurance Co., 88 Ohio St. 3d 481 (2000) (establishing important criteria for certification of a consumer class action) and Holeton v. Crouse Cartage Co., 92 Ohio St. 3d 115 (2001) (our client was a companion case which declared Ohio’s workers’ compensation subrogation statute unconstitutional).

David has developed an expertise in and has successfully litigated cases involving wrongful death and catastrophic injuries, which have occurred in a variety of circumstances including defective products, medical negligence, construction sites, workplace activities, and trucking accidents.

David and his wife of 36 years currently live in Chagrin Falls, Ohio. He’s proud of the close relationships he has with his two daughters—one is an Events Director in Manhattan’s fashion industry, and the other is a partner at Nurenberg, Paris, Heller & McCarthy. Out of the office, David and his wife enjoy skiing, traveling, and cruising on his motorcycle.

David lives by a few simple but effective mottos:

Prepare hard, play hard but fair.

Make good calls and don’t whine.

Be humble in victory.

Shake hands when you lose.

Learn from your mistakes.

First Admitted: 1978, Ohio

Professional Webpage: http://www.nphm.com/about-us/attorneys/david-paris/

Special Licenses/Certifications:
  • National Board Of Trial Advocates, Civil Trial Lawyer Speciailist.
Educational Background:
  • Ohio State University, 1974
Bar/Professional Activity:
  • U.S. District Court, Southern District of Ohio, 1978
  • U.S. Supreme Court, 1998
  • Cleveland Metropolitan Bar Foundation, Board of Trustee 
  • International Academy of Trial Lawyers (State Chair, 2006-present)
  • American Trial Lawyers Association, Top 100 Trial Lawyers.
  • U.S. Court of Appeals, Sixth Circuit, 1981
  • Cleveland Metropolitan Bar Association, Judicial Qualification Committee (2011 - Present)
  • Cleveland Metropolitan Bar Association, Task Force For Judicial Excellance - 2010       
  • Cleveland Metropolitan Bar Foundation, Fellows Committee, Chair (2014 - Present)
  • Cleveland Academy of Trial Attorneys (President 2000-2001)
  • American Association For Justice, 1978-present
  • U.S. District Court, Northern District of Ohio, 1978
  • Cuyahoga Bar Association, Grievance Committee
  • Cleveland Metropolitan Bar Foundation Executive Committee (2013 - Present)
  • Member, Ohio Association of Justice 1978-present
  • Member, American Board Of Trial Advocates (ABOTA), E.C. Ohio Ch. 2013-present
  • Ohio Bar, 1978
Scholarly Lectures/Writings:
  • Trial Advocacy Institue, Instuctor, Cleveland-Marshall College, 1990
  • The Supplemental Action, Ohio Association for Justice, 1990
  • Insurance Litigation in Ohio, National Business Institute, 1993
  • The Digital Trial Lawyer, Akron Bar Association, 2002
  • The Constitutionality of Ohio Workers' Compensation Subrogator Statue, CATA, 2001
  • Trial Advocacy Program for the Cleveland Metropolitan Bar Association, National Institue for Trial Advocacy, 2005
  • Preparation of the Plaintiff Maximizing Damages: Planes, Trains & Automobiles, Lorain County Bar Association, 2011
  • The Negligent Hiring/Retention Case, CATA, 2009
  • Hiring and Retention of Drivers: Regulatory Overview of Safe Drivers, Trucking Negligence Seminar, Lorain County Bar Association, 2011
  • Speaking Objections at Depositions, CATA, 2013
  • Trucking Litigation (OAJ, 2014)
  • Panelist: Medical-Legal Summit: Trend in Medical Malpractice (CMBA, 2015)
  • Traumatic Brain Injury: What Attorneys Need To Know About Its Complexities & Challenges (CMBA Journal 2/16)
Honors/Awards:
  • Alumni Of The Year Cleveland-Marshall College Of Law, 2011
  • CATA Distinguished Service Award, 2009
  • Best Lawyers in America, 2007 - present.
  • Client Distinction Award, Martindale-Hubbell, 2013
  • Cleveland State University, Distinguished Alumni Award, 2010
Verdicts/Settlements:
  • Plaintiff tripped on a piece of broken down cardboard wedged horizontally on the lower shelf of a shopping cart. The cart had been filled with broken down boxes by the stock boy who failed to remove it from the aisle when filled. Defendant argued open and obvious, comparative negligence and that the poor surgical result was the fault of her surgeon. Case settled for $525,000., 2021
  • Plaintiff was riding his motorcycle southbound on S.R. 193 in Trumbull County. Defendant was westbound on S.R. 87 and proceeded after stopping at the stop sign failing to yield to plaintiff’s right-of-way. Case settled for $395,000. , 2021
  • Plaintiff was a first time visitor to the bowling alley invited by her friends to watch them bowl on “Rock & Bowl” night – when the lights are dimmed and disco lights are turned on. Multiple sets of stairs from street level to bowling lane level allow access by descending 5 steps. The absence of a handrail, poor lighting, distracting disco lights, and tile patterned stair treads which blended into the floor all contributed to plaintiff’s fall. Defendant contended open and obvious, comparative fault and the absence of any other “documented” falls on disconight in the preceding 30 years. Case settled for $300,000., 2021
  • Defendant was a commercial driver operating a commercial vehicle on a 70 mph state route in rural Northeast Ohio. His Ford F 550 trailered a load of drywall weighing 7,700 lbs. The state route had 2 northbound lanes and 2 southbound lanes, separated by a grassy median strip. It was winter and although the roadway was clear, the median was snowy, damp and muddy. The defendant lost control of his truck and ended up stuck in the mud. He called his boss for guidance and was told to wait for a towing service that he would call. He called back to tell the driver that the tower would be about 60-90 minutes. The driver then flagged down a good Samaritan in a pick- up truck and asked if he had straps to pull him out. The driver called his boss who, without asking about the training or qualifications of the good Samaritan, gave his consent to proceed. The rear of the disabled truck was strapped to the front of the good Samaritan's truck. The good Samaritan then slowly traveled in reverse partially on the berm and partially on the roadway closest to the median in a southbound direction while in the northbound lanes.Contrary to the discussed “plan”, the driver placed the disabled truck from neutral to reverse and began to gun the engine and spin the rear wheels. When the wheels contacted the asphalt berm, his truck catapulted across the first lane into the second lane directly into our client's northbound vehicle. Our client was pronounced dead at the scene. He left surviving a wife and minor son. The defense centered around our client’s was comparative negligence based on his speed, his failure to slow and alcohol in his system. Case settled for $3,050,000., 2021
  • Our 20 year old client was riding his motorcycle southbound on a rural state route in Northeast Ohio. A semi tractor trailer was traveling northbound at a slow rate of speed and made a continuous left turn into a gas station. Our client applied his front and rear brakes and skidded into the passenger rear corner of the trailer sustaining multiple fractures and vascular injuries to his right hip and leg. Multiple surgeries to salvage the limb culminated in a "through knee" amputation. We assembled a team of experts to address the issues of faultand damages. An accident reconstructionist examined the motorcycle, the truck, the physical evidence at the scene and observations of witnesses to opine that there was a very long sight line with nothing to obstruct the truck driver's view of the oncoming motorcycle. The orthopedic experts opined that the resulting fractures to our client's pelvic ring, acetabulum and femoral head would result in traumatic arthritis in his hip joint requiring hip replacement and multiple hip revisions during his lifetime. A life care plan projected his lifetime future medical needs. Functional capacity evaluations limited his occupational pursuits to sedentary work and a vocational rehabilitation expert quantified his reduced earning capacity. The defense of the case centered around the likely speed of the motorcycle, thus eliminating his preferential right of way; a prosthetist who opined that advanced technologies would enable him to work and enjoy recreation at the same levels as before the injury; and a vocational rehabilitation expert who opined that there would be no impaired earning capacity. The case settled for the insurance policy limits with the trucking company contributing $250,000 of its own funds. Case settled for $5,250,000., 2021
  • Plaintiff was operating a tractor trailer northbound on I-77 when an underinsured motorist driving the wrong way struck him head on. The collision caused his truck to be pushed over the guardrail 40 feet to the ground. Case settled for $980,000., 2020
  • Our client registered to participate in a bike race event located in Sandusky County. The race intended to raise funds for a local charity. During the race, our client was pedaling his bike westbound on a country road. He was approaching an intersection. Although he had a stop sign, he was waved into the intersection by a volunteer race marshal who failed to see and warn him of an approaching southboundcar. Although the driver did not have a stop sign, there was a small sign posted near the intersection advising drivers of the bike race as well as the presence of the race marshal at the intersection. The driver denied that either was visible to him as he approached. The collision occurred in the middle of the intersection and our client was killed instantly. There was limited insurance from the driver and the race marshal’s homeowner’s policy. The race director had no insurance. The plaintiff had underinsurance coverage. Motions for summary judgment were filed. The issues raised included 1) The UM carrier could not be liable because the underinsured motorist had the right of way, was traveling in a lawful manner and had no time to react once our client appeared in the intersection; 2) Express assumption of the risk precluded recovery of a wrongful death claim because our client signed a waiver acknowledging that being hit by a motor vehicle was a risk in the race; 3) Primary assumption of the risk precluded recovery because being hit by a motor vehicle in a bike race on a rural county road was an inherent risk of this recreational activity; 4) Implied assumption of the risk/comparative negligence precluded recovery because our client was hit after failing to stop at a stop sign; and 5) Apportionment of damages, pursuant to ORC 2307.22, must include the conduct of non-parties with limited or no insurance. The case resolved at private mediation. Case settled for $953,500.00., 2020
  • The plaintiff, age 20, was staying with a friend (the defendant), age 17, who lived in his grandfather's home. While in the basement, the defendant took hold of the 9 mm semi automatic pistol causing it to discharge directly into plaintiff's face. The carrier filed a dec action alleging that plaintiff was a "resident" of the household and in the "care and custody" of the policyholder and, as such, coverage was excluded. In addition, defendant claimed that unbeknownst to him, the plaintiff played with the gun and left a round in the chamber which contributed to his own injuries. The court granted plaintiff's motion for summary judgment on the issue of coverage and the case resolved in private mediation. Case settled for $600,000.00., 2020
  • 57-year-old unemployed female driving her compact car unrestrained was struck by a commercial pick up truck left of center. Issues were nature and extent of future care and whether wearing her seat belt would have prevented or substantially reduced her injuries. Case settled for $1,250,000.00., 2019
  • Plaintiff's decedent was riding his motorcycle to work on a through highway when the defendant tortfeasor pulled out of a private driveway into his path. Our client remained hospitalized for 10 days until he passed away. His medical bills exceeded $500,000. His self insured ERISAplan only paid approximately 15% of the bills and the hospital pursued the estate and widow for the balance under Ohio's necessaries statute. Plaintiff filed suit against the tortfeasor, the hospital, and the self insured ERISA plan. After cross claims, counterclaims, and extensive motion practice, the case proceeded to private mediation where all claims were resolved for policy limits, contribution from the tortfeasor,and significantly reduced allocations to the hospital. Case settled for $1,300,000.00., 2019
  • Plaintiff, a 62-year old Type I diabetic, presented to OSU ER with sharp mid back pain radiating around her ribs and chest. Admitted for cardiac work up. CTA ruled out PE and aortic pathology and serial labs ruled out cardiac. Radiologist missed subtle inflammation at T7. Over the next 2 days, hospitalist failed to order MRI to rule in/out MSK origin despite fever, periapical abscess and confirmed bacteremia. On day 4, she became paralyzed and incontinent of bowel and bladder. MRI revealed a spinal epidural abscess. Case settled for $3,000,000.00., 2018
  • A bar/restaurant was established as an LLC with John Doe as it’s CEO. John Doe was also the CEO of another LLC that owned the land and was landlord to the bar/restaurant. The property on which the bar sat was at the corner of 2 state routes. The ODOT right of way extendedbeyond the paved portion of one of the state routes up to the edge of the building of the bar. ODOT required the bar to post “no parking” signs in the right of way. There was some evidence that the manager of the bar had been designated by John Doe to act as agent for the landlord in all matters of compliance with ODOT’s rules and regulations. Our client was employed by the bar/restaurant as a server. The bar manager and the chef decided to move its Food Truck into the ODOT right of way to be cleaned using the water spigot and hose attached to the bar. Our client was instructed to participate in cleaning the truck. He was standing at the rear of the Food Truck when a pick-up truck failed to see stopped traffic ahead and veered into the ODOT right of way.Plaintiff was pinned between both bumpers severing his right leg, fracturing his left lower leg and right humerus. A second vehicle also swerved off the road into the rear of the pick-up causing second collision. The primary dispute involved 1) whether the landlord had exercised sufficient control over the premises and activity which led to plaintiff’s injury to be liable – or whether it was truly a landlord out of possession who had signed an arms length “net-net lease”, and 2) whether, as a matter of law, the errant vehicles were an intervening superseding cause of plaintiff’s injuries. The court overruled the landlord’s motionfor summary judgment holding that these were questions of fact for the jury. The parties settled the matter with the court’s assistance after an unsuccessful mediation. Case settled for $1,650,000.00., 2018
  • see www.nphm.com/verdicts-settlements.php

Office location for David M. Paris

600 Superior Avenue East
Suite 1200
Cleveland, OH 44114

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20 Years Super Lawyers
  • Super Lawyers: 2004 - 2023

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Top 100: Ohio Super Lawyers: 2007 - 2023 Top 50: Cleveland Super Lawyers: 2007 - 2009, 2012 - 2023 Top 10: Ohio Super Lawyers: 2013 Top 5: Cleveland Super Lawyers: 2013

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