9 published Appellate opinions (8 others affirmed no opinion): Allen v. Toyota Motor Sales, U.S.A., 155 Fed.Appx. 480, 2005 WL 3096631 (11th Cir. 2005); Tanksley v. Prosoft Automation, Inc., 982 So. 2d 1046 (Ala. 2007); Giles v. Brookwood Health Services, Inc., 2008 WL 255287 (Ala. 2008); Muhammad v. Laidlaw Transit, Inc., 917 So. 2d 842 (Ala. Civ. App. 2005); Kanellis v. Pacific Indem. Co., 917 So. 2d 149 (Ala. Civ. App. 2005); Mathew’s Masonry v. Aldridge, 5 So.3d 621 (Ala. Civ. App. 2008); Mathew’s Masonry v. Aldridge, 2009 WL 1577646 (Ala. Civ. App. 2009); Aurora Healthcare, Inc. v. Ramsey, (Ala. 2008); McCreless v. Global Upholstery Co., 500 F. Supp. 2d 1350, 1357 (N.D. Ala. 2007).
David Fleming is a firm believer in doing more than what is expected. It’s evident in every aspect of his practice, from the first face-to-face client meeting to final verdict. Clients are drawn to his down-to-earth approachability, his experience and his confidence to go to trial. He is protective and competitive by nature, and he takes the time to get to know his clients so that he can become the expert they need.
Since joining the firm, David has built a successful defense trial practice in the areas of general litigation, medical malpractice, product liability, insurance defense and employment law. His vast experience reflects his dedication to companies of all sizes, including Fortune 500 Companies, insurance companies, product defendants, hospitals and other healthcare providers, as well as startup businesses. He also successfully handles multiple appellate cases for all types of companies.
David enjoys fishing, golfing, watching football, supporting fundraisers for children and spending time with his two boys, Andrew and Hudson.
David earned his BS from The University of Alabama and his JD from The University of Alabama School of Law.
Bar & Court Admissions
Alabama State Bar
United States District Courts for the Northern, Middle, and Southern Districts of Alabama
Alabama Defense Lawyers Association
Birmingham Bar Association
Birmingham Bar Association Leadership Forum
Defense Research Institute
Received more than 35 favorable summary judgment and exclusion of expert rulings representing hospitals, employers, insurance companies, and automotive manufacturers03
Drafted 20 appellate briefs (16 favorable rulings – U.S. Eleventh Circuit Court of Appeals, Alabama Supreme Court, and Alabama Court of Civil Appeals)04
13 arbitration cases handled through defense verdicts05
Received defense verdict for a helicopter manufacturer after a week long jury trial in the Middle District of Alabama (Dothan) in a sexual discrimination case06
Tried a medical malpractice wrongful death case in Jefferson County (AL); three week jury trial for a local hospital that favorably settled the last day of trial07
Received defense verdict in a medical malpractice case after a week and half long jury trial in Covington County (AL) involving an alleged fall in a hospital08
Received a defense verdict for a local hospital in a two week medical malpractice case in Jefferson County (AL)09
Tried a week long medical malpractice birth injury case against a hospital in Covington County (AL) that settled favorably during trial10
Defense verdict received in a medical malpractice wrongful death case in Winston County (AL) in a week long jury trial11
Defense verdict received in a medical malpractice case in Covington County (AL); four day jury trial
Resources & News
Distinctions & Contributions
“Additional Theories for Hospital Direct and Vicarious Liability” (Professional Liability Defense Quarterly, Fall 2016)02
Listed by Super Lawyers (2010, 2014-2016)03
"AV" Rated by Martindale-Hubbell04
Named a Top Attorney by Birmingham Magazine05
Published in The Alabama Lawyer, The Alabama Workers’ Compensation Organization, and the National Business Institute06
Has spoken at the Alabama Workers’ Compensation Organization and the National Business Institute and participated in the Alabama Defense Lawyers Association’s Trial Academy