The firm's office is located at 1913 21st Avenue South in the Hillsboro Village area of Nashville, Tennessee. Vanderbilt University Medical Center is within walking distance on 21st Avenue.
Telephone: (615) 742-1775
Toll-free: (800) 394-2119
Fax: (615) 742-1223
Mailing address: 1913 21st Avenue South, Nashville, TN 37212
SCOPE OF PRACTICE
The firm conducts trials in state and federal courts in Tennessee and other states (by pro hac vice admission) and focuses upon personal injury, products liability,wrongful death, civil rights and medical malpractice litigation.
VERDICTS & SETTLEMENTS
Since 1997, the firm has recovered over two hundred million dollars ($200,000,000.00) for clients of the firm, in cases involving personal injuries and losses from medical malpractice, defective products, accidents and injuries.
- $80 million settlement in Tri-State Crematory Cases
- $39.5 million Settlement in Tri-State Crematory Litigation
- $8.7 million settlement for 225 Plaintiffs against Buckner-Rush Funeral Home
- Confidential settlements to the families of victims who died in the disastrous NHC Nashville Nursing Home fire which ultimately killed 20 residents. As a result of this lawsuit, the state of Tennessee passed a law mandating that all nursing homes in Tennessee must have smoke detectors in each room.
- Record $7.2 Million Verdict Against HCA Hospital in Warren County, TN ($10.5M with interest).
- $6 million dollar settlement in a Wilson County, Tennessee case involving a defective crane against manufacturer
- $3.5 million settlement (birth trauma medical malpractice) (Davidson County, 2nd Cir.)
- $2,6000,000 settlement (product liability, defective pharmaceutical) in a Montgomery County, Tennessee case involving cardiac injury
- $2 million settlement in a Nashville federal court case against a Japanese drug company for a defective diet supplement
- $1,750,000 settlement to landowners whose properties were contaminated by radiation from uranium enrichment plant in Paducah, Kentucky
- Confidential seven figure medical malpractice wrongful death settlement (Davidson County)
- Confidential Seven figure setlement in wrongful death tractor-trailer trucking accident (Davidson County, Tennessee)
- 10/29/10: Confidential settlement to surviving spouse and two adult children in wrongful-death failure to dignose heart attack case.
- 10/22/10: Confidential settlement to three surviving minor children in Harlan County, Kentucky wrongful death case against jail and physicians for death of a pre-trial detainee.
- 10/20/10: Confidential settlement reached in mediation in Memphis, TN against hospital in medical malpractice case for a leaving foreign object in patient during heart surgery.
- Confidential settlement reached in mediation in Nashville, TN pediatric medical malpractice case for mis-prescribing medication.
Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases.
Since its founding in 1993 by Mr. Smith, the firm strives to maintain a small caseload with a commitment to vigorous prosecution of well-researched cases. Lawsuits should improve society and achieve justice.
With those goals in mind, we seek cases and clients where the issues are important to public policy and involve substantial injuries or constitutional questions. We welcome co-counsel relationships and referrals from attorneys for important cases.
The Business Tennessee (Business TN) Best Lawyers List identified attorneys from all regions of the state and recognized Mr. Smith as one of five "best lawyers" in Tennessee in the area of Personal Injury (Plaintiff) practice. The firm received the AV rating under Martindale-Hubbell's peer review rating system.
We strive to maintain a small caseload with a commitment to vigorous prosecution of well-researched cases. Lawsuits should improve society and achieve justice. We represent people where the issues are important to public policy and involve significant injuries or constitutional questions.
The personal injury, medical malpractice and wrongful death law firm of David Randolph Smith & Associaters are committed to providing preeminent legal service, personal attention and zealous representation to personal injury clients. We are proud to offer dedicated support, the best legal advice available and excellence in advocacy across all of our practice areas.
We welcome referrals from attorneys throughout the country . Our firm is nationally recognized in personal injury, products liability, wrongful death, civil rights and medical malpractice litigation.
David Randolph Smith is certified as a Civil Litigation Specialist by the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education and Specialization.
Mr. Smith is also certified as a Medical Malpractice Specialist by the American Board of Professional Liability Attorneys and the Tennessee Commission on Continuing Legal Education and Specialization.
David Randolph Smith has tried over 100 cases in state and federal courts throughout the nation, in Tennessee, Texas, Missouri, Alabama, Arizona, Georgia, Kentucky, Indiana, Mississippi, Florida, Ohio, South Carolina, Virginia, Montana, Pennsylvania, Minnesota and Washington D.C.He began in private practice with the national law firm of Baker & Botts in Houston, Texas (1978-1983). He served as an Associate Professor of Law teaching Torts, Evidence and Professional Responsibility at Vanderbilt University School of Law (1983-1988).
Mr. Smith has been evaluated by his peers and received an "AV" rating by Martindale-Hubbell--the highest rating possible--indicating Very High to Preeminent Legal Ability (A) and a Very High general ethical standards rating(V).
If you are seeking a:
We would welcome the opportunity to discuss your case confidentially and free of charge.
* Top photo: Nashville Public Library reading room.
- NHC Nursing Home Fire Litigation
- Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999)
- Changed 100 years of Tennessee wrongful death law by recognizing the right to recover damages for the loss of the deceased's love, affection, companionship and consortium.
- The defense bar acknowledges that: "In 1999, the value of every wrongful death case in the State of Tennessee increased dramatically when the Supreme Court held that a surviving spouse and adult children could recover for loss of consortium damages in a wrongful death case See Jordan v. Baptist Three Rivers Hospital, 984 S.W. 2d 593 (Tenn. 1999). Plaintiffs who are children or the spouse of the deceased may now recover for damages such as loss of companionship, comfort, society, attention, cooperation, affection, care and love, and in the case of the spouse, sexual relations. Prior to this ruling, the Tennessee courts only allowed plaintiffs to recover certain damages on behalf of the deceased. Specifically, plaintiffs could recover the mental and physical suffering, loss of time, and necessary expenses resulting to the deceased from the personal injuries."
- Cases Televised on:
- Ashe v. Radiation Oncology Associates, 9 S.W. 3d 119 (Tenn. 1999)
- Established causation standard in medical malpractice informed consent cases.
- Steele v. Industrial Development Bd. of Metropolitan Government of Nashville and Davidson County, 117 F.Supp.2d 693, 148 Ed. Law Rep. 287, M.D.Tenn., Oct 24, 2000, rev'd 301 F.3d 401 (6th Cir. 2002), cert. denied, 537 U.S. 1188, 123 S.Ct. 1254 (2003)
- Presented the constitutional question of whether the First Amendement's Establishment clause (separating church and state) prohibits government industrial revenue bonds to be used to finance a pervasively sectarian (religious) institution. The firm filed a brief in the United States Supreme Court.
- True Stories From the Morgue Autopsy Litigation
- David Randolph Smith represented the parents of two families whose deceased adult child's autopsy was shown on national television without the consent of the surviving parents.The broadasts were part of a TLC network television reality series, True Stories From the Morgue
- Paducah Gaseous Diffusion Plant Radiation Litigation
- Representing 82 landowners in a federal court lawsuit against Lockheed Martin and Union Carbide seeking compensation for contamination and reduced property values from the operations of the Paducah Gaseous Diffusion Plant in Paducah Kentucky.
Disclaimer: The above rersults and summaries, although accurate, do not reflect the value of any individual or prospective case.