Scher, David L.

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Address: 1 Penn Plaza Suite 5315, New York, NY 10119
Lawyer Firm: Block O’Toole & Murphy
Phone: 646-681-6153
Fax: 212-971-9840

Areas of Practice

David L. Scher, born and raised in Albany, New York, is a graduate of Tufts University and Fordham University School of Law. He joined Block O’Toole & Murphy in 2003, and has been a Partner at the firm since 2012. Prior to joining the firm, Mr. Scher worked for the New York State Attorney General’s Office, volunteered for a Civil Rights legal aid clinic and served as a law clerk for New York Supreme Court Justice Shirley Kornreich.

Mr. Scher is known for his skillful and compassionate representation of the seriously injured, including victims of construction accidents, motor vehicle collisions and other acts of negligence. Mr. Scher also handles employment cases on behalf of individuals and groups of employees who have been underpaid or discriminated against in the work place.

In his tenure with the firm, Mr. Scher’s personal injury settlements and verdicts well exceed $100 Million, many of them landmark results. In 2017, Mr. Scher resolved numerous significant cases, including a $12 Million settlement for a local 147 union tunnel worker, who was injured when he fell into an open shaft on a Manhattan construction site. In 2017, Mr. Scher also successfully argued several critical evidentiary motions during a trial in Suffolk County handled by Partner Daniel P. O’Toole, which resulted in a $13.5 Million settlement, just prior to the jury’s verdict, for a pedestrian who had been struck by a vehicle. In the year 2016, Mr. Scher was involved in 3 of the top 5 largest personal injury settlements in the entire State of New York. Those 3 cases alone resolved for nearly $23 Million. In 2015, Mr. Scher, along with Partner Stephen Murphy, secured a $9,950,000 settlement for a social worker from Buffalo who suffered an amputation of her left leg after being struck by a vehicle. In 2014, Mr. Scher helped negotiate an $8.8 Million settlement on behalf of a Queens pedestrian who suffered a brain injury after being struck by a van, which was the 10th largest settlement in the entire United States that year according to the ‘National Law Journal’.

Mr. Scher is also a tenacious and respected trial lawyer, who recently took a jury verdict in Brooklyn for over $2 Million on behalf of a 51-year-old pedestrian who injured her neck after being struck by a New York City bus. Mr. Scher also handled a disability discrimination jury trial against a major New York restaurant chain that resulted in a $1 Million settlement, and helped to secure nearly $5 Million for a class of employees of a national clothing retailer who were not properly compensated for their overtime work.

Mr. Scher’s work has led to various awards and recognitions. He is a member of The Million Dollar Advocates Forum and The Multi-Million Dollar Advocates Forum. Mr. Scher is one of the "Top 100 Trial Lawyers" and a member of the “Top 40 Under 40”, according “The National Trial Lawyers”. Mr. Scher has also been named to the prestigious New York "Super Lawyers" list. Mr. Scher has been quoted in The New York Times, New York Post, New York Law Journal and interviewed on Z100 in connection with notable personal injury cases he has handled for the firm.

Mr. Scher is also well known for his legal writing, motion and appellate work. He heads Block O’Toole & Murphy’s appellate practice, regularly arguing before the Appellate Division and has also appeared before the Court of Appeals, the highest court in New York State. Mr. Scher routinely authors articles that are published in such respected periodicals as the New York Law Journal and Bill of Particulars magazine, which typically focus on legal issues involving the rights of construction accident victims. Mr. Scher is also a lecturer, who has been featured as an expert on panels educating lawyers all over the State about best litigation practices and case law updates. Mr. Scher was called upon to write an amicus curiae brief to the Court of Appeals on behalf of over 5,000 trial lawyers throughout the State. The result was the decision in Ortiz v. Varsity Holdings, which adopted Mr. Scher’s position, and expanded the protections afforded to construction workers who fall as a result of inadequate safety measures. Attorneys from around the State regularly seek Mr. Scher’s advice on complicated legal issues.

Mr. Scher believes deeply in helping those in need outside of his legal work, and is involved in a wide array of charitable endeavors. He and his wife Julie are proud committee members for an annual charity wine tasting event in Manhattan, sponsored by the firm, that supports the St. Jude Children’s Research Hospital. This event has raised millions of dollars for the treatment and research of catastrophic pediatric diseases. Click here to listen to Mr. Scher and his Partner Stephen Murphy talk with Z100 about the work of Block O’Toole & Murphy and the firm’s involvement with St. Jude.

Recent Results

$12,000,000 Settlement for a Local 147 union tunnel worker who was injured when he fell into a shaft on a Manhattan construction site$9,950,000 Settlement for a Buffalo social worker who was struck by a van and suffered an above-the-knee amputation of her left leg. $8,800,000 Settlement for a Queens pedestrian who suffered a brain injury after being struck by a van. $7,525,000 For Family Devastated By Fatal Suffolk County Auto Accident$7,400,000 For Union Sheet Metal Worker Who Suffered Back Injury After Fall$5,500,000 Settlement for an electrician who sustained a traumatic brain injury after falling from an extension ladder. $5,500,000 Settlement for a Nassau County construction worker who was struck by a rotating excavator.$4,000,000 Settlement for a man struck by a vehicle in Forest Hills, requiring an above-the-knee leg amputation.$4,000,000 Settlement for Nassau County worker who was not given fall protection equipment while performing roofing and siding work in the rain.$3,300,000 Settlement for a union laborer struck by falling angle irons in Westchester County. $3,200,000 Settlement for a Brooklyn demolition worker injured on the job when a staircase broke. $3,075,000 Settlement for a union plumber from Queens who was struck by falling gravel on a construction site. • $2,750,000 settlement for an HVAC worker who fell from a ladder and injured his ankle$2,750,000 Settlement for a 57-year-old female pedestrian who sustained a neck injury after being struck by a van. $2,650,000 For a Local 3 Union Electrician who injured his back after a trip-and-fall accident on a Manhattan construction site.$2,625,000 Settlement in a Wrongful Death case where there was only $1,000,000 in available insurance coverage. $2,545,000 Settlement for a Suffolk County family in a wrongful death case.$2,500,000 Settlement for a Brooklyn pedestrian who was struck by a truck and suffered hip and leg fractures. $2,250,000 Settlement for a 60 year old window washer who fell from a Manhattan building and suffered left arm and hip fractures. $2,056,656 Verdict for a Brooklyn public high school teacher struck by a City bus. $2,000,000 Settlement for a Brooklyn man who injured his back in an elevator accident.$1,975,000 Settlement for a construction laborer who fell during a warehouse renovation project in Brooklyn $1,750,000 Settlement for a Suffolk County woman who sustained a back injury in an accident with a bus.$1,715,496.06 Settlement for a Brooklyn resident whose neck and back were injured in a motor vehicle collision.$1,700,000 Settlement for a Bronx pedestrian who injured her neck and back after being struck by a left turning truck.$1,680.000 settlement after our client hit an SUV which ran a red light, causing herniated discs in his cervical and lumbar spine.$1,675,000 Settlement for client who suffered a herniated disc in her cervical spine after her car collided with a delivery truck.$1,675,000 Settlement for a 55-year-old Brooklyn tailor who was rear-ended and underwent a back surgery.$1,600,000 Settlement for worker who suffered a dislocated shoulder and herniated discs in a ladder fall.$1,500,000 Settlement for a client who suffered lumbar herniated discs in a malfunctioning elevator accident. $1,500,000 Settlement for a woman injured in a slip-and-fall accident on snow on front landing and steps.$1,500,000 Settlement for a 43-year-old Bronx driver who was struck by a New York City street sweeper.$1,500,000 Settlement in a case against The City for a 57 Year-Old woman who suffered back and leg injuries after being knocked down by an unmarked police car while crossing the street. $1,500,000 Settlement for a Bronx tenant who tripped on stairs in his apartment building, injuring his neck and back.$1,500,000 Settlement for a Brooklyn woman hit in the rear by a City Sanitation truck. $1,490,000 Settlement for a Brooklyn construction worker who suffered neck and back injuries in a collision with a bus.$1,475,000 Settlement for a Brooklyn worker who suffered brain, neck and shoulder injuries after a piece of equipment fell and struck him.$1,450,000 Settlement for a Brooklyn art teacher who was injured after a collision with a bus. $1,410,000 Settlement for a husband and wife from Brooklyn who injured their necks in a rear end motor vehicle accident. $1,350,000 Settlement for a Nassau County electrician who injured his spine in a rear end auto accident.$1,350,000 Settlement for a Brooklyn laborer who injured his back during the demolition of a large commercial boiler$1,350,000 Settlement for a Construction Laborer who had two tips of his fingers on his dominant hand amputated in a construction site accident. $1,350,000 Settlement on the eve of trial for a construction laborer who fell off a roof, fracturing his arm and a bone in his pelvis. The trial was venued in Rockland County. $1,325,000 Settlement for a worker whose forearm was lacerated by a shard of falling glass. $1.325,000 Settlement for a painter injured during construction of a Manhattan apartment building when a balcony collapsed underneath him.$1,325,000 Settlement just before trial for a carpenter at a construction project who fell from a ladder that he had placed on top of a rolling scaffold, sustaining lower back and knee injuries. $1,300,000 Settlement for a Brooklyn bicyclist whose prior neck and back injuries were aggravated after being struck by a van.$1,250,000 Settlement for a Queens man who was involved in a motor vehicle accident and underwent a neck surgery. $1,250,000 Settlement for a Suffolk County electrician who fell from a ladder and injured his spine. $1,200,000 for a 54 year old female in Nassau County who exacerbated prior neck and back injuries requiring surgery. $1,200,000 for a 50 year old woman who aggravated a prior neck injury in a motor vehicle collision. $1,175,000 Settlement for an HVAC mechanic who suffered tibia fractures after fall from ladder. $1,175,000 Settlement on the eve of trial for a woman with long standing and preexisting cervical herniations. The victim was struck by unsafely stacked products in a large supermarket. $1,150,000 Settlement for a worker who suffered a left ulna fracture after a scaffold fall in Brooklyn.$1,060,000 Settlement for a Long Island man who aggravated a pre-existing back injury in a motor vehicle collision.$1,050,000 Settlement for a Queens woman injured after a collision with a truck. $1,000,000 Settlement (the full available insurance) for a construction worker from Westchester who fell and fractured his left arm and leg.$1,000,000 Settlement for a Suffolk County female who underwent a neck surgery after a motor vehicle accident. $1,000,000 Settlement following a Jury Verdict in the Bronx for a 14 year-old who had arthroscopic knee surgery after an accident.$1,000,000 Settlement for a plumber injured when his ladder slid out from underneath him, causing him to fall.$950,000 for a restaurant manager who claimed his employer discriminated against him based on his physical disability.

Published Articles

Court of Appeals Refuses to Limit Scope of Labor Law Section 240(1), New York Law Journal. Recent Section 240(1) Decisions Offer Guidance, New York Law Journal. Can Injured, Undocumented Construction Workers Recover Lost Wages?, New York Law Journal.Labor Law Symposium, Bill of Particulars.Still Debating What ‘Falls’ Within Labor Law Section 240(1), New York Law Journal.A Look Back At Runner v. New York Stock Exchange: What Did It Mean For Labor Law Section 240?, Bill of Particulars.


New York State Bar AssociationNew York State Trial Lawyers’ Association New York State Trial Lawyers’ Association Labor Law Committee

Honors and Awards

New York “Super Lawyer”“Top 100 Trial Lawyer” – The National Trial Lawyers“Top 40 Under 40” – The National Trial Lawyers “Metro Rising Star” – Super Lawyers “Multi-Million Dollar Advocates Forum” Member“Million Dollar Advocates Forum” Member

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