Biography of David T. Tirella
 David T. Tirella is a partner of Eaton, Powell & Tirella. He has focused his career on high profile complex cases. David has become the attorney to see if you need a qualified expert on your case. Expert testimony frequently can make or break a case, but few attorneys are adept at navigating the science behind the testimony and breaking it down for a jury to understand. David is one of those rare attorneys that can do it with ease. With 20 years of experience handling a wide variety of civil and criminal matters, including more than 200 bench and jury trials, David has personally interviewed and/or hired hundreds of expert witnesses for criminal, civil, and medical malpractice cases.
Prior to joining Eaton Powell & Tirella, David focused his practice on medical malpractice, toxic tort, consumer/child advocacy and personal injury cases. He has successfully resolved personal injury cases, as lead trial attorney or as a key trial team member, in excess of $120 million in settlements and verdicts from 1997 to 2007.
In October 2007, after a six-day trial in which David represented the Plaintiffs, the jury awarded Plaintiffs $4 million in a suit against a local private school for failure to properly supervise students. A confidential settlement was reached after post-trial motions. In 2005, a fraudulent physical therapy billing practice action that David and co-plaintiffs filed resulted in a $323 million settlement between HealthSouth Corporation and the federal government. At the time, this settlement was the seventh largest health care qui tam case in United States history. In 2004, David Tirella and Matthew Powell tried an auto accident case. The defendant’s argument to the jury was the accident was merely a "fender bender" with only $500 in property damage to the vehicles, and only a “Soft Tissue Injury.” After 4 days of trial, the jury agreed with the Plaintiff and awarded $1 million in damages. In 2002, David played an instrumental role in a $29 million settlement with a hospital for a victim who sustained brain damage while in the hospital's care.
Additionally, David spent a number of years in private practice, handling a range of criminal defense and plaintiff personal injury cases. In one criminal matter covered by the television news program, "20/20", David successfully defended a couple accused of felony child abuse for allegedly torturing and branding their sons with lit cigarettes. David's ability to assemble a comprehensive expert medical team, including a clinical dermatologist, child therapist, adult psychiatrist, and family physician, helped prove to the Court that the marks were actually caused by a rare skin condition. Felony charges were dropped and the couple's children were returned home. On the civil side,
In 1997, David T. Tirella and David G. Eaton handled a toxic tort case for 19 postal workers who fell ill from noxious chemical vapors released while flooring was being installed. After a two-week trial, the defendant settled the case for an amount substantially higher than previously offered.
David also spent a number of years as an Assistant State Attorney for Hillsborough County, prosecuting all levels of crime, ranging from misdemeanor, juvenile, and felony cases including murder. Over time David worked his way through the divisions, culminating as a prosecutor in the Sex Crimes and Child Abuse Division. Among other honors, he was selected as a Governor Appointed Special Prosecutor to handle a complex case involving a string of 25 burglaries by a husband and wife team in a neighboring Florida County.
In addition to his legal work, David is also a consumer and child advocate. His work on behalf of the Jeffrey Johnston Stand Up For All Students Act (an anti- bullying act for all public schools in Florida) included national media coverage, with appearances on ABC's "Good Morning America" and CBS' "The Early Show." His work helped push the bill through both the Senate and the House of Representatives. Governor Charlie Christ signed the bill into law in June 2008.
David frequently speaks and teaches on a wide variety of legal issues ranging from personal injury, legal education, and expert witnessing. His cases or legal opinions have also appeared on “CNN/Headline News", ABC's "20/20", Associated Press, Tru TV's (formerly Court TV) "In Session", Tru TV's "Open Court with Lisa Bloom", ABC News, MSNBC, "The Montel Williams Show", Fox 13 TV, WTSP 10 TV, WFLA 8 TV, “Florida Matters” WUSF Radio, WQYK Radio, "Meeting by Accident" Internet Radio and "The Law and You" TV. Additionally, his cases or legal opinions have also appeared in the Wall Street Journal, USA Today, New YorkTimes, Tampa Tribune, St. Petersburg Times, Associated Press, Miami Herald, Chicago Union Times, Lawyer Weekly, ABA Journal, ACLU, Lakeland Ledger, 2nd District Court of Appeals and Florida Supreme Court.
Legal Certification
- Board Certified Civil Trial Lawyer
by the National Board of Trial Advocacy
Legal Honors
- Recognized as one of Florida's "Star Search Lawyers" published in Florida Super Lawyers (2009) under Personal Injury and Medical Malpractice categories.
- AV rated, Martindale-Hubbell: AV Peer Reviewing Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest level of skill and integrity. (2001- present)
- Master rated, Tampa Bay Inn of Court (2003 - 2006)
- Member, Million Dollar Advocates Forum
- Florida Governor Appointed Special Prosecutor (1991)
- Court Appointed Special Assistant Public Defender (1994-1995)
- Who's Who in America
- Who's Who in American Law
- Who's Who in American Law Schools
Academic Appointments
- Adjunct Professor of Law
Stetson University College of Law
Gulfport, Florida (2008 - )
“Expert Witness Seminar: From Selection to Presentation”
Developed course and teach 2nd and 3rd year law students.
- Adjunct Instructor Torts and Personal Injury
University of Miami, Paralegal Program
Tampa, Florida (2004 - )
- Adjunct Instructor Criminal Law and Procedure
American Institute for Paralegals Tampa, Florida (1995)
Academic Organizations
- American Bar Association, Section of Legal Education & Admissions to the Bar (2008- )
- Individual Member, American Association for Paralegal Education (2007- )
Legal Seminars
- The Art and Science of Expert Witnessing
December 10, 2008
Stetson University College of Law
Co-hosted and moderated a daylong seminar on expert witnessing from the perspective of both trial attorneys and expert witnesses.
Peer Review Publications
- Winning Strategies: the 4 P's of Expert Witness Selection
(The Florida Bar Journal, December 2006)
- A Paralegal's Role in Expert Witness Selection
(The National Paralegal Reporter, August 2007)
- Editorial – “Bully Law”
(
The Florida Bar News, 2008)
- Expert Witnessing: Does a Picture Tell the Whole Story? (Working title)
Legal Video Vignettes
- Center for Excellence in Advocacy
Stetson University College of Law
Gulfport, Florida (2008)
- Expert Witnessing: Part 1
- Expert Witnessing: Part 2
- Expert Witnessing: Part 3
- Expert Witnessing: Part 4
Invited Legislative Testimony
- Speaker, Invited to give testimony in support of Florida House of Representatives HB669 - School Safety Anti Bullying Bill (March 25th, 2008)
- Speaker, Invited to give testimony in support of Florida Senate SB790 - Criminal Justice Committee (April 18th, 2008)
Invited Speaking Engagements
- Speaker / Instructor, Closing Arguments, Stetson University College of Law (2009)
- Speaker, The Impact of Bullying, “Florida Matters” University of South Florida (2009)
- Speaker, What is a 4P Expert Witness? Stetson University College of Law (2008)
- Speaker, Litigation Skills for Legal Staff in Florida (2008)
- Speaker, Direct and Cross Examination of Expert Witnesses, Lawyer and Lunch Lecture, Stetson University College of Law (2008)
- Speaker, American Judicial System, University of South Florida Department of Criminology, (2008)
- Speaker, Auto Claims and Trials: Winning, Defending and Understanding Coverage (2008)
- Speaker, 17th Annual National Expert Witness Conference, Massachusetts (2008)
- Speaker, Cyber Bullying & The Law, International Cyber Bullying Conference, New York, New York (2008)
- Speaker, Prosecuting and Defending Catastrophic Injury Cases (2008)
- Speaker, Direct and Cross Examination of Expert Witnesses, Stetson University College of Law (2008)
- Speaker, Expert Witness Selection, American Association for Paralegal Education, Baltimore, Maryland (2007)
- Speaker, The Importance of Expert Witnessing, Stetson University College of Law (2007)
- Speaker, Accident Litigation (2007)
- Speaker, Litigation Skills for Legal Staff in Florida (2005)
- Speaker, Presenting Soft Tissue Injury Cases (2004)
- Speaker, Litigation Skills for Legal Staff in Florida (2004)
- Speaker, Making Sense of Medical Cases in Florida: A Paralegal's Guide
- Speaker, Litigation Skills for Legal Staff in Florida (2003)
- Speaker, Florida Bar Speaker's Bureau (2000 - present)
Legal Activities
- Member, Tampa Bay Trial Lawyers Association
- Member, Florida Bar Grievance Committee (1999 - 2002)
- Member, American Association for Justice
- Member, Florida Justice Association
- Member, Hillsborough County Bar Association
Bar Admissions
- Florida, 1989
- U.S. District Court, Middle District of Florida, 1990
- U.S. Court of Appeals, 11th Circuit, 1994
- U.S. Supreme Court, 2007
Civic Honors
- Advisory Board Member, Safe Wave (2009 - present)
- President - New Suburb Beautiful Home Owners Association (2008)
- President - Tampa Bay Cumberland Alumni Association (2000)
Education
- Cumberland School of Law, J.D., 1989
- Member, Cumberland Trial Advocacy Board
- Florida State University, B.S., 1986
Media Archives
- “Board clears doctor in $1M case” Health News Florida, August, 2009
- “The Impact of Bullying” Florida Matters, WUSF University of South Florida, June 2009
- “Most children bullied, parents say” TV News Channel 8 Tampa CBS, May 2009
- “Rape accusation against Walker Middle School students shock those who know them” St. Petersburg Times, May 2009
- “Attorney: Delayed penalties soften Florida bullying law” The Tampa Tribune, May 2009
- “Survey: Most children bullied, parents say” USA TODAY, May 2009
- “Web suicide ‘a modern version of what we’ve had for centuries’ St. Petersburg Times, November 2008
- “Father sues Pentecostal Church over son’s murder” The Apostolic Report, September 2008
- “Rosa Murder Trial” In Sessions Tru TV, July 2008
- “Rosa Murder Trial” Open Court with Lisa Bloom TruTV, July 2008
- “Father sues over son’s murder” Tampa TV Fox News, July 2008
- “News Roll: Florida Passes Tough Anti-Bullying Law” Nick News with Linda Ellerbee, May 2008
- “Watch what you say online…” Tampa TV Fox News, May 2008
- “Today: Chat with experts about bullying” Tampa TV CBS News, May 2008”
- “Mom’s Campaign for Florida Anti-Bully Law Finally Pays Off” ABC’s Good Morning America, May 2008
- “Anti-Bullying Law Goes Into Effect in Florida” ABC News Channel 7 D.C., May 2008
- “Mom Helps Pass School Bullying Law” WBKO TV Fox News Texas, May 2008
- “Fla. May Get Toughest Anti-Bullying Law” CBS News The Early Show, April 2008
- “Bullying Migrates from School to Courtroom” Chicago Sun-Times, April 2008
- “Bully Bill” Florida Senate - Criminal Justice Committee, April 2008
- “Parents of gay murder victim to testify for tough Florida anti-bullying law” LGBT News, April 2008
- “Bullying Bill in Florida” Miami Herald, April 2008
- “Bullying in Florida Schools” WQYK Tampa Radio, April 2008
- “Bully Bill” Florida House of Representatives- School Safety Committee, March 2008
- “Playgrounds- Parks & Security” Meeting by Accident Internet Radio, January 2008
- “Award in bullying case is slashed” St. Petersburg Times, December 2007
- “Big bully! Playground incident results in $4M verdict against school for failing to supervise” All Business, November 2007
- “Boy awarded $4 million after arm broken by bully” Tallahassee.com, October 2007
- “Bullying costs school $4M” ACLU, October 2007
- “Bullying costs school $4M” St. Petersburg Times, October 2007
- “Jury Awards $4 Million to Boy Injured In Game at School” The Tampa Tribune, October 2007
- “Fla. Jury Awards $4M to Boy Hurt by Bully…” Jeff Ward Radio Show, October 2007
- “Hospital Sued Over Death of Minor” The Tampa Tribune Pasco County, 2005
- “Over $300 Million Settlement from CJF Qui Tam” Tampa Law Firm.com, March 2002
- “Man’s painful back injury turns into a federal case” St. Petersburg Times, 2002
- “Judge tosses out suit against doctor” St. Petersburg Times, 1998
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