DRS LAW

Case Results

Settlements and Verdicts

Since 1993, DRS Law has recovered over $500 million for our clients. Below are some of the successful results we’ve obtained over the years. $193 million Complex Plaintiff Litigation A whistleblower exposed massive healthcare fraud by Endo...

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$375,000 settlement reached in golf cart injury lawsuit

In 2021, our 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 this...

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$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...

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$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...

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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.

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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.

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Ashe v. Radiation Oncology Associates

Medical Malpractice

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

Wrongful Death

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.

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