David R Frye

Career

For over 20 years, David Frye has focused his practice on tort and commercial litigation. He has substantial experience pursuing and defending lawsuits in state and federal courts involving a wide range of tort claims, with a particular emphasis on catastrophic injuries and wrongful death, premises liability, automotive liability, toxic tort exposure, as well as claims seeking compensatory and punitive damages. In these cases, David often serves as lead counsel and first chair trial counsel, which has included numerous multimillion-dollar lawsuits.

Clients highly value David’s personalized approach – making them feel like a priority and not just another case. David is committed to understanding the unique needs of each client, actively seeking clarity and focusing on the nuances that differentiate each relationship. His willingness to learn and adapt has made a strong impression on clients, who also appreciate his consistent availability, his manner of offering insight without immediately focusing on fees, and his effective staffing of cases, ensuring the proper oversight and assignment of work. David is also known for his honesty, transparency about challenges, and expertise in complex litigation, with a keen understanding of client strategy. He consistently exceeds expectations in his attention to detail and his responsiveness. Additionally, he is praised for being budget-conscious while delivering results aligned with the client’s risk tolerance.

David’s track record of success in emotionally difficult and legally complex cases is why clients in contentious or potentially litigious situations seek him out. Time and again, David delivers solutions that meet each client’s unique needs, whether quietly settling a private matter outside of court, engaging in high-value negotiations, or fighting in front of a jury. As one client sums it up, “It is an absolute pleasure to work with David. He is a very experienced litigator and knows how to handle any issue thrown at us. He explains the situation concisely and gives options on how to proceed with the pros and cons of each. He looks for the best resolutions, suggests and advocates for settlement when necessary and can be very aggressive if needed.”

Practice Areas

Contaminants & Toxic Torts

Litigation

Product Liability & Tort Litigation

General Business & Complex Commercial Litigation

Experience

Obtained defense verdict in favor of client, affirmed on appeal – A lawsuit was filed against an amusement park owner, involving plaintiff – a blind man – who claimed disability discrimination in a place of public accommodation under the Missouri Human Rights Act. David served as first-chair in the four-day jury trial and obtained a full defense verdict that was later affirmed on appeal at the Missouri Court of Appeals. Lopez v. Cedar Fair, L.P., WD85931, 702 S.W.3d 114 (Mo. App. 2024).

Secured $32M judgment in Elwood, et al. v. Biscari, Case No. 2216-CV24030 in the Circuit Court of Jackson County, Missouri ($11M of judgment was awarded to client, one of multiple plaintiffs). The lawsuit was related to a deadly crash in the Westport area involving a Kansas City, Missouri Fire Department pumper truck.

Obtained defense verdict at jury trial following quick jury deliberations in a lawsuit stemming from an incident between an amusement park guest and the park’s Director of Operations in 2020 related to COVID-19 social distancing protocols. Plaintiff and his wife sued for race and associational discrimination in a place of public accommodation and civil assault claims. David served as first-chair in the six-day jury trial where the jury deliberated for less than two hours in finding for the client amusement park owner. Howard and Jamie Rimson v. Cedar Fair, L.P., 22CY-CV03911, Circuit Court of Clay County, Missouri.

Appellate win for client with reversal of a six-figure jury verdict in favor of plaintiff, an amusement park guest, who was injured on a water slide. The Missouri Supreme Court held that the trial court instructed the jury on the wrong standard of care; it also reversed the trial court's decision to not submit the plaintiff's comparative fault to the jury. Chavez v. Cedar Fair, L.P., SC93658, 450 S.W.3d 291 (Mo. 2014).

Successfully defended a toxic tort lawsuit brought against an industry leader in global animal nutrition solutions for livestock and pets. Plaintiffs alleged their dairy cow feed comprised of grain, corn and steep water over a two-year period had been contaminated with mycotoxins, resulting in a mycotoxicosis and the death of various cows. The defense contended it was not possible for toxins in the old grain mix to do what Plaintiffs had claimed, that mortality due to anything defective with the dairy cow feed was not a likely risk, and highlighted evidence of poor farm management (developed after thorough fact investigation and expert analysis).

Represented a national direct selling company in numerous temporary and permanent injunction hearings resulting in successful outcomes. Sought and received injunctive relief against former employees who were violating a non-solicitation covenant.