David S. Wisz

David Wisz regularly represents insurance carriers and their insureds in a variety of civil litigation matters. His broad litigation experience ranges from personal injury defense (including motor vehicle negligence, premises liability, wrongful death, construction jobsite injuries, and toxic torts), construction defect litigation, landowner disputes, and homeowners’ association litigation. He also regularly counsels insurance carriers in matters of insurance coverage, and represents both carriers and insureds in litigation arising out of insurance coverage disputes.

A litigator by training, David has served a first-chair counsel in more than 40 jury trials across 15+ counties throughout the State of North Carolina, represented parties in hundreds of mediation conferences, and taken more than a thousand depositions.

In recognition of his long-time achievements as a litigator, David was recently accepted into the American Board of Trial Advocates ABOTA), a prestigious invitation-only organization of attorneys dedicated to the preservation and promotion of the Seventh Amendment (which guarantees the right to civil jury trials).  David has also been selected as a North Carolina SuperLawyer in the area of Personal Injury – Defense for 2024.

Some of David’s representative experience includes the following:

• Obtained dismissal of bad faith and breach of contract action against insurer (and agent) based on alleged failure to properly advise and insure policyholder with respect to employee dishonesty coverage.
• Obtained summary judgment in favor of UIM insurer in multiple claimant situation based on trial court’s determination that tortfeasor’s primary limits had been exhausted pursuant to a “per accident,” instead of “per person,” cap
• Represented owner of a vacation rental property in defense of wrongful death claim asserted on behalf of minor killed in tragic elevator accident
• Represented employer-owner and employee-driver in defense of claim for in utero brain injuries arising of motor vehicle accident involving pregnant mother
• Obtained a favorable commercial arbitration award in favor of a financial institution that was alleged to have breached a software licensing agreement. The claimant software company sought in excess of $4,000,000 for alleged breach of contract and unjust enrichment damages in excess of $20,000,000, but the arbitrator awarded software licensing company only $13,000 in damages and ordered them to reimburse a percentage of the financial institution’s attorneys fees incurred in defending the matter.
• Obtained a bench trial verdict in favor of an insurance carrier sued by a former insured who alleged that the carrier had improperly denied fire loss claim under homeowner’s insurance policy due to erroneous cancellation of the policy.
• Obtained favorable jury verdict in motor vehicle negligence action brought by parents of minor child who had severe pre-existing disabilities and claimed post-traumatic stress disorder a result of flashbacks of the accident. Plaintiffs asked jury to award $150,000 to 200,000, but verdict returned for only $22,500.
• Represented general contractor in a lawsuit filed against a county board of education for damages incurred upon the termination of a contract for the construction of a school building. Jury verdict rendered in favor of the general contractor.
• Represented flooring installation subcontractor in a lawsuit filed against them by a national restaurant chain alleging defective work in more than 100 installations across multiple states. A favorable settlement reached while motion for summary judgment was under consideration by the trial court.

David graduated magna cum laude from St. Bonaventure University, earning a B.B.A. in Marketing with a secondary concentration in Management Sciences. He then attended the University of Kentucky College of Law, where he earned his J.D. degree with High Distinction, was Order of the Coif, and served as a Notes Editor on the Kentucky Law Journal.

David and his wife, Kate, a federal administrative law judge, are the proud parents of triplets who have recently graduated from college. In his spare time, David enjoys spending time with his family (including pets), reading, and exercise (having completed 50 marathons and currently ranking as a 3rd Degree Decided Black Belt in Taekwondo).

Education

• St. Bonaventure University, B.B.A., magna cum laude, 1991
• University of Kentucky, J.D. with high distinction (Order of the Coif), 1994

Jurisdictions Licensed

• N.C. and Kentucky State Courts
• United States Supreme Court
• U.S. Court of Appeals, Fourth and Sixth Circuits
• All N.C. U.S. District Courts
• U.S. District Court – Eastern District of Kentucky

Reported Cases

• Estate of Baker v. Reinhardt, 288 N.C.App. 529, 887 S.E.2d 437 (2023)-reversing trial court’s denial of defendants’ motion to dismiss for lack of subject-matter jurisdiction; holding that plaintiff-estate had failed to establish a valid Pleasants v. Johnson claim against president and plant operations manager of the decedent’s employer.
• Jasmen Corp. v. Edwards and Nationwide Mut. Fire Ins. Co., 2022 U.S.Dist. LEXIS 53648 (E.D.N.C. 2022), aff’d per curiam by 2023 U.S.App. LEXIS 7001 (4th Cir. 2023)-bad faith and breach of contract action by policyholder against insurer (and agent) concerning alleged failure to adequately advise and insure policyholder with respect to employee dishonesty coverage; trial court held to have property dismissed suit on the basis of the statute of limitations
• Ha v. Nationwide Gen. Ins. Co., 266 N.C.App. 10, 829 S.E.2d 919 (2019)-proper cancellation of homeowner’s insurance policy
• John Wm. Brown Co., Inc. vs. State Employees Credit Union, 23 N.C.App.264, 752 S.E.2d 185 (2013) – enforceability of settlement reached between owner and surety over the objection of the general contractor
• Kirkland’s Stores, Inc. v. Cleveland Gastonia, LLC, 233 N.C.App.119, 733 S.E.2d 885 (2012)-proper venue in lawsuit for breach of commercial lease agreement
• Leverette v. Labor Works Int’l, L.L.C., 180 N.C.App. 102, 636 S.E.2d 217 (2006)-affirming summary judgment in favor of temporary employment agency against allegations of Wages and Hour Act violations by purported calss action of temporary workers
• Nationwide Ins. Co. v. Bourlon, 172 N.C.App. 545, 617 S.E.2d 40 (2005), aff’d per curiam, 360 N.C. 356, 625 S.E.2d 779 (2006) – nature and extent of attorney-client relationship in tripartite relationship between insurer, insured, and defense counsel retained to represent the insured
• Horn v. Vassey, 157 N.C.app. 681, 579 S.E.2d 924 (2003)-affirming jury verdict in favor of defendant that plaintiff was not injured in motor vehicle accident; further holding trial court did not err in admitting photographs of plaintiff’s vehicle into evidence
• Bunn Lake Prop. Owner’s Ass’n v. Setzer, 149 N.C.App. 289, 560 S.E.2d 576 (2002)-suit by HOA against property owner for violation of bylaws due to wrongful extension of pier; trial court held to have property dismissed owner’s counterclaim for alleged misrepresentations

Professional Affiliations

• Wake County, North Carolina, Kentucky and American Bar Associations
• N.C. Association of Defense Attorneys (Board of Directors 2019 to 2022; chair of General Liability Practice Group 2017 to 2019) (member since 1997)
• American Board of Trial Advocates – Eastern NC Chapter

Community Involvement

• Taekwondo America – Level 4 Instructor – at Peck’s Taekwondo (2017 to present)
• B.S.A. Troop 314 – Assistant Scoutmaster (2012 to 2018)
• Exploris Middle School – PTO Vice-President of Building & Grounds (2013 to 2015); parent representative on Strategic Planning Committee; assistant coach – Bridge Building Club
• Partnership Elementary Foundation – Board Member (2010 to 2015); President (2010 to 2012)

Honors and Recognition

• AV Rated – Preeminent (4.6/5.0), Martindale-Hubbell
• North Carolina Association of Defense Attorneys – Outstanding Volunteer Award (2019)