Hon. David H. Brickner (Ret.)

T: 714-939-1300
F: 714-939-8710
Personal Injury/Torts

Judge Brickner has presided over, mediated, and arbitrated hundreds of personal injury and tort cases over the course of his 30-year career as a trial court judge and full-time neutral. His experience includes resolving a wide range of negligent and intentional tort disputes involving injuries, from minor to catastrophic, both physical and psychological.

Treating plaintiffs, defendants, and insurance carriers with mutual respect, Judge Brickner is keenly aware of and responsive to the issues and emotions that often arise in personal injury matters. He is adaptable to every situation, sometimes injecting humor and a light touch when needed, but never wavering in his efforts to move toward resolution. As such, he is able to gain trust among the parties and work with all sides to reach settlement in a quick and cost-effective manner, even when it requires following up after hearings.

Representative Matters

    • Action against gas station alleging illness from inhaled fuel 
    • Arbitration of auto injury matter raising respondeat superior to implicate defendant employer 
    • Catastrophic injury due to alleged negligence during city lifeguard training program 
    • Innumerable auto injury cases involving soft-tissue injuries 
    • Mediated matter involving motorcycle accident- related injuries 
    • Mediated multi-unit structure fire involving home health care agency
    • Mediation of elder abuse matter citing physical and financial abuse, fraud, negligence, breach of trust, and undue influence 
    • Medical malpractice involving failure to diagnose brain tumor, failure to treat septic newborn, and brachial plexus injury 
    • Personal injury action arising from jet ski collision involving comparative negligence and primary assumption of risk 
    • Personal injury involving falls, trips, and other mishaps at large amusement park 
    • Personal injury involving restaurant slip and fall 
    • Premises liability from personal injury caused by casino security 
    • Product liability case involving plaintiff's alteration of weed trimmer 
    • Settled numerous matters in coordinated case resulting from Burlington/Metrolink train collision 
    • Sexual relations under duress 
    • Slander action involving denigration of prominent artist’s etchings 
    • Vehicular collision involving tractor-trailer and minivan resulting in permanent injuries to two adults and death of three children
    • Wrongful death and product liability matter involving allegations of defective condition of safety devices installed in luxury automobile

Honors, Memberships, and Professional Activities

  • "Neutral's Bag of Tools Includes Humor, Honesty," Los Angeles Daily Journal, July 15, 2005
  • Adjunct Professor of Law, Western State University College of Law, Fullerton, California
  • Author, “Brickner’s Bits” column, previously published in the Los Angeles Daily Journal
  • Member, Orange County Superior Court Executive Committee, 1998
  • Member, California Judges Association, 1982-present
  • Board of Directors, Children's Home Society, Santa Ana, 1981-1985
  • Member, American Bar Association, 1970-1983
  • Member, Orange County Bar Association, 1968-1983 (Board of Directors, 1982)
  • Past President, Barristers Club, Orange County, 1975-1976
  • Past President, William Gray Inn of Court, 2003-2004
  • "JAMS Neutral David Brickner prods both sides to settle," Daily Journal, ADR Profile, October 24, 2014

Background and Education

  • Pepperdine School of Law, Straus Institute STAR Mediation Program, 2003
  • Judge, Orange County Superior Court, 1986-2003
  • On assignment, Court of Appeal, 1984 (published two opinions)
  • Judge, Municipal Court, West Orange County Judicial District, 1983-1986
  • Private law practice, civil litigation and criminal law, 1972-1983
  • Deputy District Attorney, Orange County, 1969-1972
  • Lieutenant, United States Navy, 1962-1965
  • J.D., UCLA, School of Law, 1968
  • B.A., Stanford University, 1961


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