David Roth

Proven Verdicts
Founding Partner at Roth & Roth, LLP
New York, NYAdmitted 1992

About David Roth

David A. Roth is a founding partner of Roth & Roth, LLP and has represented severely injured plaintiffs since 1991 in actions against municipalities, corporations, and insurance companies. He has tried numerous civil cases in state, appellate, and federal courts in and around New York City, and fellow attorneys regularly retain him as trial counsel and co-counsel in complicated subway, train, and municipal design cases. His current focus is catastrophic injuries caused by defective design and operation of mass transit systems, including subway and commuter rail, along with municipal liability of every type. He is also a partner in Hepworth, Gershbaum & Roth, representing employees in class and collective actions against Fortune 500 companies.

Mr. Roth was admitted to practice before the Supreme Court of the United States in 2019 and has appeared pro hac vice in states including California, Florida, Illinois, Massachusetts, Pennsylvania, Texas, and Virginia. A longtime officer of the New York State Trial Lawyers Association, he has held every position other than President, most recently Treasurer through 2023, serves on its Board of Directors, chairs its Municipal Liability Committee, and is an active Dean of the New York State Trial Lawyers Institute. He chairs and lectures in continuing legal education programs such as the Subway Series, Municipal Liability the Plaintiff's Arsenal, and SPOILS of FOIL, and has been published in the Bill of Particulars on municipal liability, corporate depositions, bus interlock product issues, and independent medical examinations in traumatic brain injury cases. He was the 2019 NYSTLA nominee for the American Bar Association's Thurgood Marshall Award and has been selected as a Super Lawyer for many years.

Proven verdicts and settlements

$81.7 millionVerdictTop 20 in New York · #17

A Brooklyn federal jury awarded $81.7 million to Luisa Janssen Harger Da Silva, a Brazilian student who fainted onto the tracks at the Atlantic Avenue-Barclays Center station in 2016 and lost her left arm and left leg, in the first US verdict holding a transit system liable for failing to install platform barriers, but the money is far from paid: the MTA says it will appeal, and its fully briefed motions to throw out the verdict entirely or order a new trial are still pending before Judge Frederic Block.

U.S. District Court, Eastern District of New York (Brooklyn) · 2025Premises LiabilityRead the full story →

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.

Practice areas

Education

Albany Law School
J.D., 1991
University at Buffalo
Undergraduate, 1988

Bar admissions & credentials

State Bar of New York, admitted 1992
State Bar of New Jersey, admitted 1992

Other attorneys at Roth & Roth, LLP

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Proven verdicts and settlements from other New York firms

Weitz & Luxenberg
Weitz & Luxenberg
$10.9 billion · Weitz and Luxenberg Helps Win $10.9 Billion Roundup Settlement for 125,000 Non-Hodgkin Lymphoma Claimants
Levy Konigsberg LLP
Levy Konigsberg LLP
$43.1 Million Verdict Against R.J. Reynolds for Brake Mechanic's Lung Cancer From Menthol and Asbestos
Kramer Dillof Livingston & Moore
Kramer Dillof Livingston & Moore
$265 million · The Amtrak 188 Derailment and the $265 Million Fund for Its Victims
Jacoby & Meyers, LLP
Jacoby & Meyers, LLP
$34 million · Jury Awards $34 Million After Prempro Hormone Therapy Causes Breast Cancer and Double Mastectomy

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.