Personal Injury Defense
University of Georgia School of Law (J.D., cum laude, Sr. Articles Editor for the Journal of Intellectual Property, 2001)
University of Georgia (M.P.A., 1996)
Ball State University (B.S. Philosophy, magna cum laude, 1994)
Mr. Smith has represented numerous entities, including insurers, governmental entities and corporations, in state and federal court. He practices in the areas of insurance coverage, real estate and construction matters, trucking liability and personal injury actions, including catastrophic injury and wrongful death matters. Mr. Smith is a member of the Indianapolis Bar Association, serving as the chair of the Litigation Section, and is also a member of the Defense Trial Counsel of Indiana. Mr. Smith has presented at continuing education seminars on premises liability, use of experts at trial, determining damages, and third-party liability. Mr. Smith is an active member of Cross & Crown Lutheran Church and as a volunteer and volunteer recruiter for Second Helpings. Mr. Smith is an avid reader, gardener, triathlete, and masters swimmer in his free time. Mr. Smith recently testified at the Indiana State Senate in opposition to a proposed amendment to Indiana’s Comparative Fault Act that had the potential to drastically increase the exposure defendants in personal injury cases faced.
Mr. Smith has obtained a number of favorable results both in court and out-of-court on behalf of his clients, including:
Summary judgment for an insurer that an insured who killed his wife and then committed suicide was barred from coverage for any claims resulting from that incident;
Summary judgment for a trucking company’s insurer that its coverage was secondary to another trucking company’s insurer’s under the “other insurance” clauses of the policies;
A defense verdict from ajury following a civil trial on a claim for battery;
A verdict for a defendant in a rear-end collision that apportioned 40% of the fault to the plaintiff and awarded plaintiff less than his medical bills after apportionment of comparative fault;
Summary judgment on a claim by a plaintiff for false arrest in federal court, establishing probable cause as a matter of law;
Summary judgment for a life insurance company on a complex claim under a life insurance policy in which an independent agent allegedly failed to disclose increases in premiums to the claimant, who claimed fraud on the part of both the agent and the insurer;
Summary judgment for a contractor on a breach of contract action, limiting the damages the plaintiff could seek under the contract to no more than the amounts paid under the contract; and
Summary judgment on behalf of a security company on a claim by an apartment complex resident for damages resulting from an attack in the hallway of her apartment building.
Mr. Smith has also obtained favorable settlements for his clients in road design and products liability cases, as well as legal malpractice and real estate actions.