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Barbara J. Davis

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BJDavis@mdwcg.com

Portrait of Barbara J. Davis

Barbara has practiced in a wide range of litigation matters, including motor vehicle, premises, products liability, coverage issues, negligent security and liquor liability. She has represented a number of retail companies in personal injury actions ranging from slip and falls, property damage claims, fire loss claims and criminal acts of third parties often involving contractual issues between the parties. Barbara has defended claims on behalf of railcar manufacturers in both product liability and personal injury claims as well as trucking and private bus companies. She also represents homeowners, apartment complexes and condominium associations in personal injury and property damage claims due to undisclosed or alleged mold exposure. 

Additionally, Barbara has handled over 500 automobile cases including wrongful death matters and injury cases. She has represented a considerable number of product and component part manufacturers, vendors in product liability actions and fire loss cases with various defendants and coverage issues involved.

Barbara is a cum laude graduate of the State University of New York at Buffalo. She obtained her juris doctor in 1986 with honors from Rutgers University in Camden. While at Rutgers University, she was a member of the National Moot Court team and received an award for excellence in brief writing for the Stratton Advanced Moot Court Competition.

Following law school, Barbara served as a law clerk to the Honorable Charles A. Little of the New Jersey Superior Court, Camden County, Civil Division. Barbara joined the Cherry Hill, New Jersey, office of Marshall Dennehey in 1989 and is the supervising attorney in the firm's casualty group. 

Barbara has lectured for various organizations including the South Jersey Claims Association and the Camden County Bar Association.

Barbara is a member of the Camden County Bar Association and New Jersey Defense Association, and is admitted in the state and federal courts of New Jersey and Pennsylvania and the United States Supreme Court. Barbara serves as an arbitrator for Burlington, Camden and Gloucester Counties. 

    • Rutgers Law School (J.D., summa cum laude, 1986)
    • State University of New York at Buffalo (B.A., cum laude, 1983)
    • New Jersey, 1986
    • Supreme Court of the United States, 1990
    • AV® Preeminent™ by Martindale-Hubbell®
      The Martindale Hubbell rated attorney list is issued by Internet Brands, Inc. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • The Best Lawyers in America®, Personal Injury Litigation - Defendants (2023-2026)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New Jersey Super Lawyers (2006-2009)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.  
    • Camden County Bar Association
    • New Jersey Defense Association
    • Tort Immunity in Community Associations, Marshall Dennehey Client Presentation, May, 2020
    • Preparing for Mediation, 7th Annual Advanced Mediation and Advocacy Skills Institute, Philadelphia, PA, October 15, 2009
    • Advanced Personal Injury Practice in New Jersey, National Business Institute, Cherry Hill, New Jersey, July 27, 2004
    • "Plaintiffs Lose Their Double Recovery in Wrongful Death and Survival Actions," Defense Digest, June 2004
    • "New Jersey Court Rules - Convenience Stores Must Ensure Safety of Workers," Defense Digest, Vol 3, No. 4, 1997
    • "New Jersey Trial Court Dismisses Plaintiff's Complaint Alleging Wrongful Termination and Age Discrimination," Defense Digest, Spring 1994
    • "New Jersey Appellate Court Affirms Dismissal of Claim Under Verbal Threshold," Defense Digest, Winter 1993/94
    • "Residency of Child of Divorced Parents Considered by N.J. Court," Defense Digest, Spring 1993
    • Kepler v. Taylor Mills Developers, 357 N.J. Super. 446 (App. Div. 2003).
    • Successfully resolved a wrongful death action involving a tractor trailer for $265,000 for the death of a 65-year-old father with dependents by showing the decedent was the proximate cause of the accident and the Estate could not establish a viable economic loss based on failure to file tax returns.
    • Successfully resolved a wrongful death case of a young mother who was nine months pregnant, also resulting in the death of her unborn child, for $825,000 where the demand had been $8,750,000. We were able to establish that right before the accident, the decedent's young children had been removed from the home by DYFS, thus, bringing into play questions concerning the extent of losses sustained by the children who were not living with their mother at the time of the accident.

Results

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Unanimous Defense Verdict in Premises Liability Case

We secured a unanimous defense verdict in a premises liability case where an intoxicated social guest fell down stairs at the defendant’s home. As the plaintiff supplied her own alcohol and was dutifully cared for by the defendants after her intoxication, the jury found for our client.

News

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Firm Highlights

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.

Thought Leadership

Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight

In a significant decision issued on February 25, 2026, the First District Court of Appeal (DCA) ruled in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., 430 So. 3d 252 (Fla. 1st DCA 2026), that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients.  Read Blake's article in Insurance Journal: https://www.insurancejournal.com/news/southeast/2026/08/05/880229.htm. 

Event

Pennsylvania Appellate Update 2025-2026

On August 21, 2026, Casey will serve as a panelist for the live webcast program, “Pennsylvania Appellate Update 2025-2026” presented by the Appellate Advocacy Committee of the Pennsylvania Bar Association and Pennsylvania Bar Institute. The program is divided into three parts—Criminal, Civil, and Administrative. Casey will serve as a panelist for the Civil portion, along with Christina McKinley of Blank Rome, Ben Baer of Injury Law Partners, John Masslon of Keller Postman, Jonathan Bruno of Bruno Litigation LLC, and moderator, Ezza Ahmed of Buchanan Ingersoll.  Registration and more information: https://www.pbi.org/product/pennsylvania-appellate-update-2025-2026/

Thought Leadership

A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims

Kimberly and Seth, shareholders in the Insurance Services Practice in our Fort Lauderdale office, break down the Florida Supreme Court's decision in 'Trace Elements v. MacKensen' and what it means for property insurance claims in the state. Read the article here.

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute