David W. Smith

David is a firm partner and fourth-generation trial lawyer with more than a decade of experience representing workers’ compensation non-subscribers in both litigation and arbitration. His list of clients includes health care providers, oil field service companies, manufacturers, grocers, retailers and trucking companies, among others.

He also has strong expertise handling first-party bad faith claims for national and international insurers, as well as advocating for clients in oil and gas and professional liability matters.

David’s expansive knowledge with matters involving non-subscriber litigation has made him a frequent speaker at several industry events.  David has also developed several seminars approved by the Texas Department of Insurance for continuing education credits that he presents to in house adjusting teams as an added service to his clients.

Prior to joining Eggleston + Briscoe, David served as a wellbore surveyor at Houston-based Scientific Drilling International, an independent directional drilling and wellbore navigation, surveying and logging service company. Despite several years in the oil and gas industry, David’s interest in the law was hard to deny.

He then attended the University of Houston Law Center where he graduated with honors in 2000.

David joined Eggleston + Briscoe, LLP as an associate in 2000 and became partner in 2007. He is licensed to practice law in Texas and Oklahoma.

• Doctor of Jurisprudence, cum laude, University of Houston Law Center (2000)

• • University of Houston Law Center Mock Trial Team
  • Finalist, Hippard Open Mock Trial Competition

• Bachelor of Arts in History, University of Oklahoma (1994)

• Texas, 2000
• Oklahoma, 2015
• United States District Court for the Southern District of Texas
• United States District Court for the Eastern District of Texas

• Received a dismissal with prejudice of all claims asserted by a nurse against her employer during arbitration based upon Claimant’s failure to comply with the Texas Medical Liability Act.
• Obtained a favorable arbitration award dismissing all claims asserted by a driver against his non-subscribing employer arising from a trucking accident. In this procedurally complex case, the firm was able to confirm the arbitration award and dismiss the underlying lawsuit and bill of review.
• Secured a favorable settlement on behalf of a residential home builder after three days of trial testimony in a case involving alleged defective workmanship.
• Won a summary judgment motion on behalf of a pipe manufacturer accused of producing defective casing which resulted in a well blowout and subsequent property damage and personal injury claims by hundreds of nearby residents.
• Obtained a summary judgment on behalf of a workers’ compensation non-subscriber home health service based on its lack of control over the premises.
• Obtained a summary judgment on behalf of a workers’ compensation non-subscriber sheet metal shop based on plaintiff’s inability to provide credible expert testimony that his back condition was not pre-existing.
• Negotiated a favorable resolution to a multimillion-dollar, multi-party case involving negligence, breach of contract and breach of warranty claims asserted after casing failed during a hydraulic fracturing procedure, which resulted in the loss of a well. Because the casing was purchased from a Chinese manufacturer and commingled with shipments from several different manufacturers, the case involved complex metallurgic analysis and foreign jurisdictional issues.
• Granted a motion to dismiss and awarded client attorney’s fees in a case involving an alleged breach of settlement agreement. The ruling was upheld on appeal.

• Texas Association of Responsible Non-Subscribers (TXANS) 25^th Annual Non-Subscriber Conference and Exhibition 2015
  • 60 Tips for Improving Your Non-Subscriber Program, Panelist

• Distinguished^® rating by Martindale-Hubbell
• Houston’s Top Lawyers by H Magazine (2015-2019)

• State Bar of Texas

• • Litigation Section
  • Insurance Law Section

• State Bar of Oklahoma
• Houston Bar Association
• Texas Bar College

David travels around the country supporting his two daughters in high-level competitive gymnastics. When he has some time away from his daughters’ activities, you can find him taking in a Houston Astros baseball game or fishing.