For over two decades, David Frye has focused his practice in tort and commercial litigation. He has substantial experience defending lawsuits involving general personal injury, premises liability, automotive liability, toxic tort exposure and commercial litigation in both state and federal courts in Missouri and Kansas. He has served as first chair in several multimillion-dollar lawsuits, with a particular emphasis on defending claims alleging catastrophic injuries or wrongful death as well as claims seeking compensatory and punitive damages. 

David also has significant litigation experience concerning restrictive covenants (e.g., non-competition and non-solicitation agreements) and has addressed the myriad legal issues that may arise from them. With a thorough understanding of his clients’ businesses, he has drafted agreements that are carefully tailored to protect his clients’ confidential information and their valued relationships with customers and employees. When the need arises, David moves quickly and effectively to secure appropriate relief for his clients, including temporary restraining orders and preliminary injunctions. 

Areas of Focus

Experience

  • Reversal of a six-figure jury verdict in favor of an amusement park guest who was injured on a water slide. The Missouri Supreme Court held that the trial court instructed the jury on the wrong standard of care; it also reversed the trial court's decision to not submit the plaintiff's comparative fault to the jury. See Chavez v. Cedar Fair, L.P., SC93658, 450 S.W.3d 291 (Mo. 2014).
  • Successfully defended a toxic tort lawsuit brought against an industry leader in global animal nutrition solutions for livestock and pets. Plaintiffs alleged their dairy cow feed comprised of grain, corn and steep water over a two year period had been contaminated with mycotoxins, resulting in a mycotoxicosis and the death of various cows. The defense contended it was not possible for toxins in the old grain mix to do what Plaintiffs had claimed, that mortality due to anything defective with the dairy cow feed was not a likely risk, and highlighted evidence of poor farm management developed after thorough fact investigation and expert analysis.
  • Represented a national direct selling company in numerous temporary and permanent injunction hearings resulting in successful outcomes. Sought and received injunctive relief against former employees who were violating a non-solicitation covenant.

Credentials

Education

  • Saint Louis University School of Law (J.D., 1996)
    • Participant, Moot Court I and Moot Court II
    • Teaching Assistant, Moot Court
    • Co-Chairman, Moot Court Board
  • University of Nebraska - Omaha (B.S.B.A., 1993)

Admissions

Bar Admissions

  • Kansas
  • Missouri

Court Admissions

  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Tenth Circuit

Recognitions

  • Selected among The Best Lawyers in America®, 2024-2025
  • Chambers USA: America’s Leading Lawyers for Business, Missouri Litigation: General Commercial, 2021-2024
  • Missouri & Kansas Super Lawyers, 2012-2024
  • Missouri Lawyers Media, "Up & Coming Award," Mentor, 2022
  • Litigation Counsel of America, Fellow

Presentations

  • Co-presenter, "Been There, Won That," Lathrop GPM 2024 State of Litigation, May 21, 2024

Professional Activities

  • Missouri Organization of Defense Lawyers
  • The Missouri Bar
  • Kansas Bar Association
  • The Kansas City Metropolitan Bar Association
  • Johnson County Bar Association
  • KCMBA/YLS Ross T. Roberts Inn of Court - 2001-2002

Community Involvement

  • Keep Kansas City Beautiful, an affiliate of Keep America Beautiful, Board Chair and Member, 2006-2010