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Russell B. Davis is a partner with Downey & Cleveland, LLP in Marietta, Georgia.
Russell’s litigation practice primarily focuses on personal injury cases involving large exposure auto claims and medical malpractice. In addition to regularly representing clients from pre-suit demand through verdict, he is regularly called on to negotiate extra-contractual disputes and handle cases transferred to him immediately before trial.
Russell has served as lead counsel in more than 175 jury trials across Georgia and brings more than 35 years of courtroom experience to the table for each client.
He is trial counsel in the Atlanta metropolitan area for two of the nation’s largest auto insurers and regularly represents individuals and businesses in both State and Federal courts against a variety of claims ranging from uninsured/underinsured motorist claims to those involving wrongful death and catastrophic injury, securing favorable outcomes for his clients. He also handles premises liability cases involving dog bites and negligent security.
In his healthcare practice, he is litigation counsel for one of the area’s largest healthcare systems, representing its doctors and hospitals against claims involving professional malpractice.
Over the course of his career, he has participated in thousands of depositions, contested hearings, and mediations, and he has handled numerous cases on appeal before the Supreme Court of Georgia, Georgia Court of Appeals, and the Eleventh Circuit of Appeals. Russell also is a certified mediator.
Along with an active trial practice, Russell has been a frequent speaker at numerous CLE events and meetings of the various organizations in which he is a member, most recently for CLM’s medical malpractice committee and for the State Bar of Georgia at Defense of a Personal Injury Case.
Outside the practice of law, Russell serves as a church elder at First Presbyterian Church of Marietta, where he teaches Sunday school to second and fifth graders.
Legal Assistant
Jana Akers
770-422-3233, ext. 1235
jana@downeycleveland.com
Representative Results
Trial Courts
- State Court of Fulton County
Defense verdict obtained for hospital in medical malpractice suit for wrongful death involving allegations of improper removal of a tracheotomy tube - State Court of Cherokee County
Limited verdict to an amount within the policy limits in an admitted negligence auto case when the defendant’s pretrial offer was the policy limits of $2 million and the plaintiff’s attorney requested jurors to return an award of $20 million to $40 million in extra-contractual damages - State Court of Cobb County
Resolved for policy limits on behalf of driver’s estate after closing arguments in a single-car rollover case when his passenger sued for spinal injuries, introduced into evidence a life care plan totaling $5 million, and the plaintiff’s attorney had demanded millions in extra-contractual damages - State Court of Fulton County
Defense verdict obtained for neonatologist who was director of hospital’s NICU after baby was transferred into his care from different hospital that failed to perform State mandated genetic testing on newborn, leading child to develop maple syrup urine disease that required extensive lifetime medical care - State Court of Cobb County
Defense verdict obtained on behalf of hospital accused of providing improper deep venous thrombosis (DVT) prophylaxis to automobile accident victim
Appellate Courts
- Supreme Court of Georgia
On writ of certiorari, affirmed trial court’s instruction to jury that physicians and other medical professionals in Georgia are presumed to perform their services in an ordinarily skillful manner [pdf – appellate opinion] - Georgia Court of Appeals
Reversal of trial court by finding summary judgment warranted in auto case by passenger of client when both driver and plaintiff could not recall how the accident occurred [pdf – appellate opinion] - Georgia Court of Appeals
Reversal of trial court and finding summary judgment appropriate because parents of 20-year-old did not have valid claim under statute permitting parents to sue those who furnished alcohol to a minor [pdf – appellate opinion] - Georgia Court of Appeals
Affirmed dismissal against employee of aeronautical engineering facility who fell in parking lot on way to lunch because her exclusive remedy was a workers’ compensation claim [pdf – appellate opinion] - Georgia Court of Appeals
Reversal of trial court in favor of insurer in declaratory judgment action because personal liability umbrella policy did not provide coverage for motorcyclist’s injuries [pdf – appellate opinion] - Georgia Court of Appeals
Reversal of trial court in favor of builder and homeowners because guest who fell down stairs was familiar with the alleged hazard [pdf – appellate opinion]
Practice Areas
- Medical Malpractice & Healthcare
- Personal Injury
- Premises Liability
- Insurance Coverage
- Property Damage
- Trucking and Commercial Transport
- Appellate
Credentials
Education
- Bachelor of Arts, cum laude, University of Georgia, 1983
- Juris Doctorate, University of Georgia, 1986
Court Admissions
- Georgia State and Superior Courts
- Georgia Court of Appeals
- Supreme Court of Georgia
- United States District Court for the Northern District of Georgia
- United States District Court for the Middle District of Georgia
- United States Court of Appeals for the Eleventh Circuit
Professional & Community Memberships
- Cobb County Bar Association
- Atlanta Bar Association
- State Bar of Georgia
- Georgia Defense Lawyers Association
- Defense Research Institute
- Association of Defense Trial Attorneys
- Council on Litigation Management
- First Presbyterian Church of Marietta
