Ericksen Arbuthnot

* David Frankenberger, Jr.
Managing Partner Shareholder

Office Phone: 559.449.2600
Office Fax: 213.489.4332
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Practice Areas

  • Auto / Fleet
  • Construction Liability
  • Environmental / Toxic Tort
  • General Liability
  • Premises / Dram Shop
  • Product Liability
  • Property
  • Trucking / Transportation
Dave is the Managing Partner of the Fresno and Bakersfield offices. He is AV® Peer Review Rated by Martindale-Hubbell and is a member of Ericksen Arbuthnot's Board of Directors. He has also been recognized by Thompson Reuters as a 2016 Super Lawyer. Dave is a member of the Construction, Healthcare, Toxic Tort and Product Liability practice groups.

Dave's practice includes complex state court and federal court litigation involving professional liability/errors and omissions defense; MVA accident defense; trucking defense; personal injury; premises liability; product liability, and construction defect liability for both subcontractors and developers. In addition he defends healthcare matters, including claims against doctors, nurses, chiropractors and dentists. His products liability experience includes cases for manufacturers, distributors and retailers. Over the course of his career, Dave has successfully tried numerous matters to jury verdict, including jury trials in both state and federal court, including six jury trials to verdict in the past three years.

Dave recently obtained a defense verdict in a construction defect/crane operator negligence case involving a commercial warehouse (mattress factory). Plaintiffs sought $1.345 million, claiming that defendant's operation of its 150 ton crane on the mattress factory warehouse floor caused/contributed to substantial damage to the concrete floor. Dave argued that there was no negligence on the part of the crane operator. The jury agreed and awarded a defense verdict. Dave also prevailed on a cross-complaint against Caltrans following a 7-week jury trial in San Bernardino County, in July 2012.

Dave has also written articles on Construction Risk Management/Dispute Avoidance and one for the Defense Research Institute’s publication Defense Ethics and Professionalism, titled “Prevent Costly Misunderstandings: Non-Engagement Letters.” He has given a number of presentations, including at MC2's Annual West Region Construction Defect & Insurance Coverage Conference in San Diego, California in 2013 and 2015 and the Annual West Coast Casualty Conference in Anaheim, California in 2014.

Dave served as an associate attorney for several large insurance defense firms in Los Angeles before relocating to Fresno and joining Ericksen Arbuthnot in 2002.

He is a member of the California State Bar Association, American Bar Association, the Fresno County Bar Association, the Claims and Litigation Management Alliance and the Southern California Association for Healthcare Risk Management (SCAHRM). He is a former member of the American Inns of Court, Santa Barbara County Chapter. Dave served as an extern/law clerk for the Honorable Louise de Carl Adler, U.S. Bankruptcy Judge, Southern District of California.

A native of New Jersey, Dave has lived in California for more than 30 years. He played varsity basketball in high school and ran cross country in college, and is currently an avid golfer and sports fan.

Martindale Rating

Peer Reviewed 4.8/5.0, Client Reviewed 5.0/5.0


  • B.A., University of California at Santa Barbara, 1993
  • J.D., California Western School of Law, San Diego, 1995

Bar Admissions

  • California
  • U.S. District Court, Eastern, Central and Southern Districts of California

Awards And Honors

  • Prevent Costly Misunderstandings: Non-Engagement Letters
  • Defense Resource Institute, Defense Ethics & Professionalism
  • February 2011

Personal/Civil Memberships

  • State Bar of California
  • American Bar Association
  • Fresno County Bar Association
  • Kern County Bar Association
  • Defense Resource Institute ("DRI")
  • Association of Defense Counsel ("ADC") for Northern California
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