CERTIFIED EXPERIENCE

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.

The NBTA and ABPLA are the only organizations that certify attorneys in the fields of civil trial practice or in professional liability practice at the national level. Both organizations are accredited to certify attorneys by the American Bar Association. Both organizations require proof that the attorney is in good standing, is substantially involved in litigating and trying cases (including minimum trial day requirements), has met continuing legal education requirements and has been subjected to peer review by persons against whom they have tried cases, as well as judges before whom they have appeared. Both organizations require passing a written examination. NBTA, in addition, requires a trial court memorandum and an annual disclosure of misconduct to monitor quality and a continuation of substantial involvement in civil trial practice.

RESULTS
The firm has obtained significant verdicts and/or judgments on behalf of plaintiffs in the areas of medical malpractice, products liability, professional negligence, unfair trade practices, RICO, and wrongful death. The firm has recovererd over $100 million for clients since 1997. The firm conducts trials in all courts and focuses upon personal injury, products liability and medical malpractice litigation. The firm strives to maintain a small caseload with a commitment to vigorous prosecution of well-researched cases.

CASES THAT MATTER

• The firm is serving as class counsel in The Tri-State Crematory multidistrict class action litigation.
• Mr. Smith also served as lead counsel for 17 families in the NHC Nursing Home fire litigation (in which 17 residents died).
• Mr. Smith successfully handled the landmark Tennessee Supreme Court case, Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999) which 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 firm also represented the plaintiff in an important medical malpractice informed consent case before the Tennessee Supreme Court -- Ashe v. Radiation Oncology Associates, 9 S.W. 3d 119 (Tenn. 1999) --that involved the issue of causation in informed consent cases.
• Cases handled by the firm have been reported on ABC television, 20/20 ("When Death Seeps In", a fatal case of carbon monoxide poisoning at a hotel) and NBC Nightly News (mercury poisoning).