David Batten Attorney

Dave defends hospitals nationally for two of the nation’s largest hospital networks and defends a diverse field of health care providers from the mountains to the coast of NC. His cases span from Anchorage to New Hampshire to South Florida. He also has extensive business litigation experience. He is licensed in North Carolina, South Carolina, Georgia and West Virginia. He has assumed coordinating counsel and trial counsel roles in instances where providers were targeted by multiple common suits. Recent wins include a birth trauma cerebral palsy case with a $23 million life care plan and a stroke case seeking $12 million. He has spent over 10 months in jury trials in the last 11 years. He is included in the “The Best Lawyers in America©” in the areas of Bet the Company Litigation, Commercial Litigation, Medical Malpractice, and Personal Injury Litigation. He also is listed in North Carolina “Super Lawyers©.” Most of his current cases include brain damage from alleged birth injury, paraplegia, strokes, flesh-eating bacterial infections, multiple amputations and providers who face multiple simultaneous suits.

He has also tried cases arising from workplace shootings, automotive crashes, products liability, construction accidents and damage, and premises liability. Many of his trials involve large life care plans, including one for $49 million. He successfully defended dozens of direct action punitive damage suits against employers following the landmark North Carolina Supreme Court ruling, Woodson vs. Rowland. These suits involved workers injured or killed on the job and with employers cited by OSHA for serious citations. One of these included a defense jury verdict for an employer sued after failing to provide OSHA-required fall equipment protection to a steeplejack who died after falling from a 100 foot high water tower. He has argued many times in the North Carolina Court of Appeals and North Carolina Supreme Court.

Dave has won cases for businesses in a spectrum of disputes in various forums, including the North Carolina Business Court and the American Arbitration Association. As lead counsel in one class action, he obtained a dismissal for a Georgia company sued by thousands of recipients of the North Carolina child support system after it installed a centralized collection system for the state. Another recent Federal class action victory rejected RICO claims against Lasik surgeons. Other wins include a copyright infringement arbitration on behalf of a North Carolina architect.

He attended UNC-Chapel Hill (’79) and Wake Forest University Law School (’83), where he was a member of the Law Review. As an AV rated attorney, he has been invited to be an instructor at the North Carolina Superior Judge’s Conference. He is a founding member of the Susie Sharp Inn of Court and is a member of the International Association of Defense Attorneys. Locally, he has served on the boards at Interact and the House Corporation of Phi Gamma Delta at UNC.