Case Results
$100,000 Tennessee Underinsured Motorist (UM) Settlement
In 2022, DRS Law resolved an auto accident case involving a tractor-trailer wreck for the maximum available auto insurance. A driver crossed the center line and struck our client's vehicle head-on. Our client was left with a totaled truck, which he...
Golf cart injury lawsuit: $375,000 settlement
In 2021, our Nashville personal injury lawyers reached a $375,000 settlement in a golf cart injury lawsuit against a hotel resort. The theory of liability in this case was that the hotel resort had negligently maintained the golf cart. Because of...
$193,000 settlement for traumatic brain injury from fall caused by dangerous sidewalk
In 2021, our firm reached a $193,000 settlement for traumatic brain injury ("TBI") from a fall caused by a dangerous and uneven sidewalk. This was an unusually complex premises liability case, also known as a "slip and fall" case. Because the...
Confidential settlement for death of a 65-year old woman from aneurysm
Our medical malpractice firm reached a $425,000 settlement in the death of a 65-year old woman from a ruptured abdominal aortic aneurysm, also known as an "AAA" or "triple A." According to the Mayo Clinic: "An abdominal aortic aneurysm is an...
$125,000 settlement reached against landlord in carbon monoxide poisoning case
In 2021, our personal injury lawyers reached a $125,000 settlement against a landlord for injuries sustained in a carbon monoxide poisoning case. In this case, the theory of liability was that the landlord negligently caused the leak of carbon...
$1.3M Settlement Reached for Business Owners Falsely Arrested in ‘Operation Candy Crush’ Sting
From the Tennessee Bar Association: Store owners who were falsely arrested during “Operation Candy Crush” in Rutherford County have reached a $1.3 million settlement with local officials, the Daily News...
$550,000 settlement reached in police misconduct lawsuit
On March 9, 2021, Nashville civil rights law firm David Randolph Smith & Associates settled a police misconduct lawsuit against the City of Chattanooga, Tennessee for $550,000. The Chattanooga Times Free Press has the details: "The Chattanooga...
$100,000 settlement for physical abuse by in-home nurse
In 2021, our personal injury lawyers reached a $100,000 settlement in a case where an at-home nurse physically abused a patient. Cases like this one can be very complex, since in Tennessee, even a clear case of assault by a nurse may technically be...
Settlement Reached Blood Disorder Death Case
After extensive pre-trial discovery and a day long mediation in Nashville, Tennessee, attorney David Randolph Smith announced a confidential settlement of a wrongful death case that involved a physician's...
Settlement Announcement in Title IX Lawsuit
On July 5, 2016, The Tennesseean reported a $2.48 million settlement between our clients and the University of Tennessee in an ongoing Title IX lawsuit we filed earlier this year. The full story is below: The University of Tennessee Knoxville has...
Our Revolutionary Victories That Changed The Law
Our firm has represented individuals in several landmark cases that resulted in changes in the law that make our communities safer. Cases include major victories in federal courts and in the Tennessee Supreme Court.
Jordan v. Baptist Three Rivers
Wrongful Death / Medical Malpractice
When her mother tragically passed away because of the carelessness of a hospital and its doctors, Martha Jordan called our firm for help. At that time, children were unable to recover damages for the loss of their parents’ companionship and affection in Tennessee.
We fought to change the law so that Ms. Jordan could recover damages for the loss of her mother’s emotional support. Because of this case, plaintiffs who’ve lost a parent can recover the “intangible benefits” they would have received from the deceased parent.
Barkes v. River Park Hosp., Inc.
Wrongful Death / Medical Malpractice
Wayne Barkes passed away suddenly after returning home from the ER where he was never seen by a physician. Following this tragedy, his wife turned to our firm for help.
We discovered that the hospital had a policy requiring every ER patient to see a physician and we sued the hospital for failing to enforce this policy. At trial, the jury awarded Ms. Barkes $7.2 million.
When the hospital appealed the verdict, we successfully persuaded the Tennessee Supreme Court that hospitals could be held accountable for failing to follow standardized practices that keep patients safe.
Before Barkes, hospitals claimed they could be held responsible only for the wrongdoing of their employees and not directly for internal policy violations.
Ashe v. Radiation Oncology Associates
Patricia Ashe was diagnosed with breast cancer and ordered to receive radiation therapy. During a radiation therapy visit, Ms. Ashe suffered a catastrophic spinal cord injury.
We sued the doctor for medical malpractice and lack of informed consent because her doctor did not inform her of the risk of paralysis from radiation therapy.
Unfortunately, the trial court and appellate court rejected Ms. Ashe’s case. Undeterred, we appealed and successfully persuaded the Tennessee Supreme Court that the lower courts had applied the wrong legal standard. Tennessee’s highest court adopted the legal rule we were proposing and ruled in favor of Ms. Ashe.
This result didn’t just help Ms. Ashe; it helped protect the rights of patients across Tennessee to be informed participants in their health care decisions.
Bennett v. Trevecca Nazrene University
Gary Bennett was badly burned in a high-voltage electrical explosion while repairing a malfunctioning switchgear at a college campus. In Tennessee, independent contractors generally cannot recover from landowners if they are injured while performing work on the landowner’s property. Because of this rule, several Tennessee personal injury attorneys believed Mr. Bennett didn’t have a winnable case.
But, our firm saw a legal solution that other lawyers were missing. We won Mr. Bennett’s case by arguing to the Tennessee Supreme Court that the college had assumed a duty when it misrepresented the voltage of the switchgear to Mr. Bennett.
As a result of Bennett, the Tennessee Supreme Court confirmed that those injured by others’ negligence can recover if the responsible party assumed a duty of care. This result has had far-reaching implications and helped many injured people recover the damages they deserve.