Current Employment Position(s)

Partner

Lawyer Overview

David was born in Charleston, South Carolina on April 27, 1972. He graduated from the College of Charleston in 1995 and the University of South Carolina Law School in 1998. He has practiced law at PHSM since June of 2000 and was made an equity partner in June of 2006.

Over the past 10 years David's legal practice has focused on litigating on behalf of severely injured individuals in complex personal injury, wrongful death and products liability actions. He has obtained successful monetary verdicts and settlements for individuals in the following types of cases: bad faith against insurance companies; products liability against large corporations for unreasonably dangerous products; SUV rollovers against automobile manufacturers; toxic chemical spills by railroad companies; negligence against bars and restaurants for violating alcohol liability laws; negligence by individuals who caused injuries while DUI; lawsuits against employers for failure to pay wages and commissions; and negligence by retail stores, developers and construction contractors for jobsite and premises injuries.

David also spends time defending businesses, select insurance companies, and individuals who have been sued in cases relating to products liability, construction defects, employment, and personal injury issues. David represents several companies routinely sued in the asbestos litigation and is part of a national trial defense team for these clients, which has involved him in numerous trials around the country.

He has significant experience with jury and non jury trials in both state and federal courts, mediations and pre-trial practice both from a Defense and Plaintiff's perspective that gives him a distinct advantage in discovery strategy, negotiations, and case handling.

Recent Successes

Premises Liability - In this slip and fall premises liability action, the Plaintiff claimed injuries due to the negligence of a construction contractor Bovis Lend Lease, Inc. The injury occurred while Plaintiff was attempting to enter a Hospital through a temporary entrance when he slipped and fell on a mat that had been turned upside down (slick side up) by the Contractor. It was a rainy day and the mat was in a slippery and dangerous condition at the time of Plaintiff's fall. Plaintiff required surgery to his spine as a result of the fall. Read Full Article.

Premises Liability - A family from Texas rented a front beach house on Isle of Palms for a two week family vacation. While grilling out on the 3rd floor balcony, Houseguest leaned against the balcony rail which completely gave way. Houseguest fell to the ground below suffering several fractured ribs, a vertebral compression fracture and a herniated disc. David represented the Houseguest in a premises liability lawsuit against the homeowner and the rental company alleging negligent maintenance and violations of the international maintenance codes resulting in a dangerous condition. The case was successfully mediated prior to trial for a very favorable result for David's client. Click here for entire Article.

Products Liability - As a result of the negligence and defective products manufactured and distributed by several companies, Plaintiff's foot was partially amputated while operating a Densifier at his workplace recycling operation. David Yarborough had previously represented another worker from the same plant who had his hand partially amputated in this same dangerous machine. The lawsuit alleged that the machine was defective and unreasonably dangerous, failure to warn, failure to guard, failure to install a braking mechanism on the machine blade and improper placement of an emergency stop device. Successful monetary settlements were obtained for both workers.

Chemical Inhalation - A plant worker inhaled toxic chemicals that were spilled nearby due to negligence by a railroad company. The worker suffered permanent and debilitating injuries to his lungs. The case was successfully mediated in favor of the Plaintiff /worker.

Premises Liability - Plaintiff, a guest at a rental home, leaned against a balcony rail that was not properly secured or maintained, resulting in the separation of the railing from the building. Plaintiff lost his balance and fell 25 feet to the ground below shattering his leg. The case was successfully resolved in favor of the Plaintiff following mediation.

Bar/Premises Liability - Plaintiff was over -served at a bar and became unconscious on the premises. The bar managers instructed the bartender and others not to call 911 and dragged her outside where she was left on the ground. Plaintiff developed hypothermia and was hospitalized for a week. The case was resolved favorably to the Plaintiff at mediation.

Products Liability - Van Rollover - A family from North Carolina was traveling to Edisto, SC in a rented 15 passenger van when it went out of control and rolled over several times, killing 3 and maiming other passengers. David brought a lawsuit for negligence, wrongful death and survival actions for the family and the estates of 3 decedents alleging that the 15 Passenger Van was defective, unreasonably dangerous, and failure to warn. The case was successfully settled prior to trial.

Negligence - SUV Rollover - A tire retailer installed oversized tires on Plaintiff's SUV without warning him that putting oversized tires on an SUV can affect vehicle stability and handling and dramatically increase the risk of rollover. The oversized tires caused the SUV to go out of control and rollover on I-95, resulting in the amputation of Plaintiff's leg. A very favorable financial settlement was obtained for Plaintiff prior to going to trial.

Premises/Subcontractor Liability - Plaintiff was working as a painter in a house under construction when he fell down an open elevator shaft that was not properly barricaded or marked. Plaintiff severely broke his leg after falling 3 floors. This case settled favorably for the Plaintiff at mediation.

Premises liability - David recently successfully represented several clients who, while guests of the North Charleston Sheraton hotel, were exposed to Legionella bacteria, which caused them to contract Legionnaire's disease and Pontiac Fever. The source of the Legionella bacteria was the Hotel's whirlpool/hot tub. David filed this premises liability lawsuit against the Hotel and its management company in US District Court alleging negligent and improper maintenance and chlorination of the Hotel's pool and hot tub. This case was successfully mediated in favor of David's clients, the Plaintiffs. Read Full Article.

Medical Malpractice - David represented a client who suffered the loss of a testicle and permanent groin pain and disability as a result of medical malpractice committed during the client's vasectomy and follow up care. The general practitioner/physician who performed the vasectomy did not inform his patient of the potential risks and complications that could accompany the procedure, did not properly treat a severe hematoma that developed on the plaintiffs testicle following the procedure and did not refer the patient to a specialist for treatment of the complications. David obtained a very large financial settlement for his client at mediation in this case.

Areas of Practice

• Personal Injury
• Products Liability
• Premises Liability
• Nursing Home Negligence
• Construction Defects
• Employment Litigation

Representative Clients

• Hundreds of Injured Individuals
• Union Carbide Corporation
• Dow Chemical Company
• Amchem Products, Inc.
• Nationwide Insurance Company
• Liberty Mutual Insurance Company
• Due South Development Group
• Daniel Island Academy

West Practice Categories

Employment Law -- Employee, Employment Contracts -- Employee, Employment Discrimination -- Employee, Wage & Hour Laws -- Employee, Whistleblower -- Employee, Wrongful Termination -- Employee, Employment Law -- Employer, Employment Contracts -- Employer, Employment Discrimination -- Employer, Wage & Hour Laws -- Employer, Whistleblower -- Employer, Wrongful Termination -- Employer, Elder Law, Health & Health Care Law, Insurance Law, Bad Faith, Commercial Insurance, Directors' & Officers' Liability Insurance, Errors & Omissions Insurance, Insurance Malpractice, Insurance Subrogation, Life & Health, Motor Vehicle, Litigation & Appeals, Class Actions, Complex Litigation, Federal Trial Practice, State Trial Practice, Personal Injury -- Defense, Animal Bites -- Defense, Assault & Battery -- Defense, Aviation Accidents -- Defense, Defamation & Privacy -- Defense, Motor Vehicle Accidents -- Defense, Premises Liability -- Defense, Property Damage -- Defense, Railroad Accidents -- Defense, Slip and Fall -- Defense, Wrongful Death -- Defense, Personal Injury -- Plaintiff, Animal Bites -- Plaintiff, Assault & Battery -- Plaintiff, Aviation Accidents -- Plaintiff, Defamation & Privacy -- Plaintiff, Motor Vehicle Accidents -- Plaintiff, Premises Liability -- Plaintiff, Property Damage -- Plaintiff, Railroad Accidents -- Plaintiff, Slip and Fall -- Plaintiff, Wrongful Death -- Plaintiff, Products Liability Law, Alcoholic Beverages, Apparel, Asbestos, Chemicals & Cosmetics, Firearms, Food & Agricultural Products, Machinery & Tools, Medical Products & Devices, Motor Vehicle Defects, Pharmaceutical Products, Recreational Products, Tobacco, Professional Malpractice Law, Other Professionals Malpractice, Toxic Torts, Hazardous Waste, Pesticides

Bar Admissions

• South Carolina, 1998
• U.S. District Court District of South Carolina, 1998

Professional Associations and Memberships

• American Bar Association (Member)
• South Carolina Young Lawyers Division (Member)
• Charleston County Bar Association (Member)

Classes and Seminars

• A Practical Refresher on Litigating Auto Injury Cases, The South Carolina NBI, 2004

Pro Bono Activities

• Attorney Assistance Program for the College of Charleston, 1999 - 2006

Past Employment Positions

• Hon. James Barber, Judicial Law Clerk, 1998 - 1999

Education

• University of South Carolina School of Law, Columbia, South Carolina, 1998
  J.D.
• College of Charleston, Charleston, South Carolina, 1995
  B.A.
  Major: Political Science

Fraternities/Sororities

• Kappa Sigma

Offers Free Initial Consultation

Address

The Blake House
321 East Bay Street
Charleston, SC 29401

Phones

843-277-9824
843-722-7733

Faxes

843-722-7732

Emails

Contact Us

Websites

http://www.phsm.net