Block O'Toole & Murphy

6 Best Lawyers awards

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Awarded Practice Areas

Personal Injury Litigation - Plaintiffs

Biography

With more than 20 years of experience fighting for victims of catastrophic accidents, David L. Scher has earned his reputation as one of New York’s most respected names in personal injury law. A partner at Block O’Toole & Murphy and a past president of the New York State Trial Lawyers Association (NYSTLA), Mr. Scher has obtained hundreds of millions of dollars for clients, including construction workers injured on the job, auto and pedestrian accident victims, and surviving families in wrongful death cases. In 2024, he played a key role in obtaining a $65,000,000 settlement for a paralyzed cyclist, which is the largest reported individual personal injury settlement in New York history.

Mr. Scher is also the head of Block O’Toole & Murphy’s appellate and complex motions team. He regularly argues before the Appellate Division and has appeared before New York’s Court of Appeals, the state’s highest court. A trusted authority on Labor Laws, Mr. Scher has successfully handled several appeals which rank among the most important decisions for construction site safety and workers’ rights in New York. In 2011, he wrote an amicus curiae brief to the Court of Appeals on behalf of over 5,000 New York trial lawyers, resulting in the landmark Ortiz v. Varsity Holdings decision.

In 2024, Mr. Scher was installed as the 56th president of the New York State Trial Lawyers Association (NYSTLA). As president of NYSTLA, Mr. Scher advocated for the passage of the Grieving Families Act, a bipartisan bill which seeks to update the state’s wrongful death statute by allowing family members to seek compensation for pain and suffering resulting from the loss of their loved one. Today, he continues to sit on NYSTLA’s Board of Directors and several other committees.

Mr. Scher’s expertise is frequently sought out within the legal field. He has authored many articles for the New York Law Journal and other legal publications, lectured to fellow attorneys around the state about handling construction accident cases, and appeared on expert panels about best litigation practices.

In education as in personal injury and trial, he is committed to bringing out the best in those around him and making New York State the best it can be for clients, workers, his fellow attorneys, and all who prioritize justice. “We’re all on a journey here to seek the truth,” he says of his role in relation to others in the courtroom. “That’s our job. We’re in this together.”

As a law student at Fordham University School of Law, Mr. Scher worked for the New York State Attorney General’s Office; served as a law clerk for New York Supreme Court Justice Shirley Kornreich; and volunteered for a civil rights legal aid clinic.

Block O'Toole & Murphy

6 Best Lawyers awards

Block O'Toole & Murphy logo

Overview

  • Fordham University, J.D., graduated 2004

  • New Jersey, New Jersey State Bar Association
  • New York, New York State Bar Association

  • New York State Trial Lawyers Association - President, 2024
  • New York State Trial Lawyers Association, Labor Law Committee - Co-Chairman
  • New York State Trial Lawyers Association, Judicial Committee - Member
  • American Association for Justice - Member
  • New York State Unified Court System, Artificial Intelligence and the Courts Advisory Committee - Member
  • New Jersey, New Jersey State Bar Association
  • New York, New York State Bar Association
  • New York State Trial Lawyers Association - President, 2024
  • New York State Trial Lawyers Association, Labor Law Committee - Co-Chairman
  • New York State Trial Lawyers Association, Judicial Committee - Member
  • American Association for Justice - Member
  • New York State Unified Court System, Artificial Intelligence and the Courts Advisory Committee - Member
  • Fordham University, J.D., graduated 2004

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2026 for work in:
  • Personal Injury Litigation - Plaintiffs
Awards:
  • Super Lawyers, New York Metro Area, 2016-Present

  • City & State New York, Trailblazers in Law, 2024

  • Million Dollar and Multi-million Dollar Advocates Forum, Member

  • National Trial Lawyers, Top 100 Trial Lawyers

Additional Information

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Case History

Cases
  • $65,000,000 settlement for paralyzed Brooklyn cyclist
Plaintiff, a young Brooklyn resident, was paralyzed after being struck by falling debris while biking under a construction site. Mr. Scher handled the appeal in the Second Department Appellate Court. This result is the largest known personal injury settlement in New York.
  • $15,000,000 settlement for the family of an HVAC technician
Plaintiff, an HVAC technician, died tragically after he was crushed by a cooling unit that was being hooked up to a Bronx hospital. Though the lower court granted the defendant’s motion to dismiss this complaint based on Labor Law 240(1), Mr. Scher’s argument in front of the First Department Appellate Court reversed the dismissal and expanded the definition of Labor Law 240(1) to include protections for more workers.
  • $12,000,000 settlement for a union tunnel worker in Manhattan
Plaintiff, a 45-year-old local 147 tunnel worker, fell 40 feet into a ventilation shaft while working on a subway extension project. He suffered severe orthopedic and neurological injuries and underwent several surgeries. Mr. Scher and Partner Daniel O’Toole sought summary judgment under Labor Law 240(1), but the case settled prior to the full submission of the motion.
  • $9,950,000 settlement for social worker in amputation case
Plaintiff, a 28-year-old woman, was struck after two cars collided, sending one careening into the parking lot where Plaintiff was loading groceries into her car. After two surgical attempts to save her leg failed, she underwent a traumatic above-the-knee amputation. Mr. Scher and Partner Stephen J. Murphy handled the case, which is the largest known result of its kind in the state.
  • $8,800,000 settlement for Queens pedestrian with traumatic brain injury
Plaintiff, a 53-year-old woman, was walking on a sidewalk in Queens when two vans collided at a nearby intersection. The crash sent one van onto the sidewalk, striking Plaintiff and causing traumatic brain injuries. Mr. Scher and Partner Stephen J. Murphy uncovered evidence that the accident was caused by poorly maintained tree branches, which had long obscured the stop sign at the intersection.

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