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David Bennion

David Bennion

The Law Offices of David Bennion
95 South Market Street
Suite 360
San Jose, CA 95113

Phone: (408) 298-1948  |  Fax: (408) 298-1977
http://djbennion.com

Contact David Bennion

Personal Injury Attorney with a Record of Success

Legal Topic

Personal Injury

Preferred New Clients

Personal injury clients

Sub-Categories

Personal Injury
  • Car/Auto Accidents
  • Wrongful Death
Accidents & Personal Injury
  • Slip & Fall
Dangerous Products/Product Liability
  • Design Defects
  • Manufacturing Defects

Bar Admissions

CA, Dec 1966
Bar Number: 38960

Other Court Admissions

California Bar Association, 1966
Oregon Bar Association, 1984
U.S. Federal Court, 1967
U.S. Supreme Court, 1983
U.S. Court of Appeals 10th Circuit, 1989

Association Memberships

California Bar Association, 1966
Oregon Bar Association, 1984

Continuing Education

Hundreds of hours in trial, pre-trial, taught preparation of personal injury cases, ethics; attended many hours in accident reconstruction, federal preemption, product liability, brain injury, evidence, discovery, jury selection, closing and opening arguments, use of computers in trial presentations, etc. Certified by National Board of Trial Advocacy and Bar Register of Preeminent Lawyers.

Papers and Publications

I have not published, but have created handouts in conjunction with presentations I have made for Trial Lawyers of Santa Clara County and American Inns of Court. Topics included Fundamentals of Personal Injury Cases, Computer Animation, and Ethics.

Example Cases

Recent cases include case against major trucking company involving inadequate sleep by driver before collision, proven by access to computer records of company; a case between truck drivers who received brain injury against another trucking company in a collision on I-5, involving sophisticated cutting edge analysis of vision deficits that are permanent due to the collision. Aviation cases involving inadequate design of fuel systems resulting in fire. Many of the settlements involve seven figure cases where the settlement is confidential. I have sued GM and Volkswagen in major cases resulting in settlements. I handled a case involving multiple deaths and injuries against Firestone/Bridgestone and Ford Motor Company in a roll-over case on I-5.

I also handled (and still handle) cases involving major burns, brain injury, para- and quadra- plegia and death. I also handle aviation cases involving serious injury or death. I handle railroad cases both involving injury and employment disputes, the latter for all the SP car repair men at Ogden, Utah.

Education

Degree:

Bachelor of Arts (B.A.)

School:

Stanford University

City:

Palo Alto

State:

CA

Year:

1964

Focus and Accomplishments:

History and pre-law at Stanford, doing my first year of law school and last undergraduate year simultaneously.

 

Degree:

J.D., Doctor of Jurisprudence

School:

Stanford Law School

City:

Palo Alto

State:

CA

Year:

1966

Focus and Accomplishments:

Legal Studies

Number of Attorneys

1

State Licensed In

California & Oregon

Firm Focus and History

With over 35 years of experience, David J. Bennion has developed particular expertise in personal injury law specifically as it relates to issues in the following areas:

* Automobiles
* Aviation
* Railroad
* Motorcycles
* Workplace
* Heavy Equipment
* Construction

Previous Employment Summary

I clerked for the Law Firm of Boccardo, Blum, Lull, Niland, Teerlink and Bell in 1965 during the summer before my 3rd year of Stanford Law School. Then I became an associate of the firm upon graduation in the summer of 1966. I worked primarily with Heber Teerlink preparing and trying FELA cases. I then began handling major tunneling cases, crossing accidents, and product liability cases. For example, I worked on the aviation case involving the collision of two Boeing 727s at Tenariffe, handling the case against Boeing, involving over a hundred fatalities. I became a partner in this firm in approximately 1976. In 1978-79 I spent about half my time in trial. I tried over fifty cases while with this outstanding personal injury firm. Mr. Boccardo said to me everyone has their hallmark, and mine is honesty. I left that firm to go on a mission for my church as a mission president in Switzerland and France for three years: 1979-82. The last cases I tried just before I left were Salzman v. Olin Mfgr Company and Sacramento Utility District v. Westinghouse. The Salzman case began with an offer of $30,000 dollars, raised to $200,000 and the verdict was over $850,000, which eventually became about $950,000 with interest. I settled the case against Westinghouse for SMUD, which concerned power loss to the utility for $1,250,000 (I had successfully represented two men killed at White Rock Powerhouse in an explosion involving a Westinghouse switch, before representing SMUD on the power loss.) on the first day of trial.

My family and I spent the following three years in Geneva, Switzerland, and France.

Upon our return I became a partner in Packard, Packard and Bennion for the next 6-7 years. I handled primarily crash worthiness cases against automobile manufacturers. I became a member of the board of AIEG (Attorney's Information Exchange Group), which was and is an association of plaintiffs' counsel that handle cases such as roll-overs, fuel-fed fire cases, air bag deployment cases, tire defect cases, etc., all with major injuries or death. I also handled (and still handle) cases involving major burns, brain injury, para- and quadra- plegia and death. I also handle aviation cases involving serious injury or death. I handle railroad cases both involving injury and employment disputes, the latter for all the SP car repair men at Ogden, Utah.

I next joined Bohn Bennion & Niland as a partner in San Jose, CA., later Bohn and Bennion, and continued to handle similar cases--also cases involving breast implants, elder abuse in skilled nursing homes, excessive force by police, and product liability cases including aviation. After about 6 years I opened my own office in San Jose: Law Offices of David J. Bennion. I continue to handle the types of cases outlined above, as well as major auto cases and cases of insufficient security (lighting, supervision, warning) and sexual abuse.

Activities and Awards

Classes/Seminars Taught
"Fundamentals of Civil Litigation Before Trial", Continuation Education of the Bar, Teacher, 1988
Courses in Trial Law, Continuation Education of the Bar, Teacher
Seminar on Product Liability, ATLA-Lake Tahoe, Lecture

Honors
Highest Rating (AV) by Martindale Hubbell
American Inns of Court, "Bencher," Past President (2000-2002) of Santa Clara Chapter.

What is your opinion regarding clients educating themselves on legal issues?

It is good to get education regarding the legal issues, but unwise to represent yourself, even if you are a good attorney.

Are you willing to review documents prepared by clients?

Yes, I am willing to review documents prepared by clients.

Are you willing to coach clients who want to represent themselves?

No. No client should go into trial or arbitration or mediation unrepresented. I do occasionally give free advice, or not charge a client in a pro-bono situation. But it is not generally a good idea to give advice in self-representation, because when there is a major injury, it is unwise to fail to retain competent counsel.

Why did you decide to be a lawyer?

To serve people when they are in need, especially against Goliath defendant corporations.

What work experience and education helps you be a better lawyer?

Writing, English, psychology, mathematics, science, and medicine are all important. Speaking on your feet is important. I have spent many hours in operating rooms with the permission and recommendation of member of the Stanford Medical School Faculty, and thousands of hours reviewing medical records. I have also attended several seminars on various medical issues, and met with hundreds of doctors in case preparation.

Why did you decide on your primary area of practice?

Product liability involves engineering, science, math, statistics, and logic, and I find it interesting and challenging. I also like checking up on the ethics of big corporations, and trying to set the record straight where necessary. Juries want to know who is telling the truth.

What do you like best about your career?

It is full of variety and challenge, and I get to be close to people in need. I think it is beneficial to everyone when the client wants to get back to work. Juries like it, the client is happier, and it shows motivation and honesty.

Tell us about your law firm:

I am a sole practitioner.

What are your strengths and style?

I prepare well and love trial work.

Honest and well prepared.

Personal Interests:

Being a good father and grandfather; being a great husband to my beautiful bride of 41 years; tennis, swimming, astronomy, outdoors, gardening, and reading.

Office Manager/Assistant

Sean Nolen

Fax

(408) 298-1977

Office Hours

Monday through Friday
9:00 a.m. to 5:00 p.m.
Emergency after hours available as needed by appointment.

Emergency After Hours

Yes

Foreign Languages

Fluent in French

Fixed-Price Services and Fees

None. This office generally works on a contingency basis.

Hourly Rates

This office generally works on a contingency basis.

Free Initial Consultation?

Yes, we offer a free initial consultation for personal injury clients.

Typical Retainer

None - see above

Understanding Fees

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