David J. Yates

Practice Highlights

Representative Matters

• Secured an appellate win for a trucking client in the Michigan Court of Appeals.
• Successfully obtained defense verdicts or nominal verdicts well below pretrial demands in the last seven jury trials in state and federal courts.
• Obtained summary disposition on a serious injury case where a minor had a tip of his finger severed at a major fast-food franchise.
• Obtained summary disposition for a trucking client based on a lack of liability where the plaintiff entered the intersection on a green light but failed to ensure that the intersection was clear of vehicles.
• Obtained summary disposition on behalf of an auto auction by arguing that the plaintiff was more than 50 percent at fault for the accident when he stepped in front of a moving vehicle in an auction lane.
• Obtained summary judgment and dismissal on a claim with a demand in excess of $100,000 after uncovering the plaintiff’s fraudulent misrepresentations.
• Obtained attorney’s fees on behalf of an insurer client for a transportation company based on the plaintiff’s fraud in a personal injury claim.
• Obtained summary disposition on behalf of an insurer for a transportation company based on the plaintiff’s fraud.
• Obtained a defense verdict in a logistics case in which the plaintiff claimed that a shoulder injury requiring surgery was caused when he was unloading a truck that had allegedly been improperly loaded by the defendant. The jury decided that the plaintiff had not proved that he sustained any injury related to this incident. 
• Secured summary judgment for an insurance carrier client on behalf of a trucking company in a novel area of law where the plaintiff claimed entitlement to occupational accident benefits in excess of $100,000 and at the same time obtained the right to recoup those benefits already paid.
• Successfully obtained order of denial of class certification on a major food contamination case.
• After appeal by the plaintiff, obtained summary judgment and award of attorney fees and costs on behalf of a mortgage broker who was sued by a wholesale lender in a commercial dispute.
• Granted summary disposition in a liquor liability case where an intoxicated, non-permissive user of a motor vehicle severely injured two children.
• Obtained summary disposition and an award of costs and fees from a third party for a commercial transportation client on a case with a seven-figure demand.
• As national counsel to a commercial property service company, a security services company and an aviation services company, created a cost-effective claims management system for handling multistate litigation.
• Successfully defended a local university on a whistleblower claim.
• Obtained summary judgment on a dental malpractice case.
• Negotiated a voluntary dismissal on a construction matter while motion for summary judgment was pending.
• Obtained summary judgment on a commercial property premises liability matter.
• Attained favorable resolution on a high-exposure product/warranty matter regarding a recalled product that was attracting national media attention.
• Obtained summary judgment on a wrongful death claim for a home health care hospital bed provider.
• Achieved summary judgment for a local manufacturing company on a wrongful discharge claim by an employee alleging retaliation.
• Obtained a defense verdict on a sexual harassment claim on behalf of a local university.
• Obtained defense verdicts in six premises liability trials with an award for clients’ attorney fees on three.