Carol A. Smith

Attorney Carol Smith Wins MSD on Serious Impairment Threshold             

June 8, 2023

In a recent case handled by Attorney Carol Smith, the claimant was being transported home from dialysis in a non-emergency medical transportation (NEMT) vehicle when she fell out of her chair and seemingly suffered a highly comminuted, displaced fracture of her left femur. She underwent surgical repair with hardware placement the following day and, because of the surgery, was hospitalized for three weeks and then in-patient at a nursing care facility for another four weeks. She died ten months later, which her family attempted to relate to her fall.

The wrongful death claim was ultimately withdrawn after Carol moved the circuit court to dismiss it. Regarding the femur fracture, the court agreed with Carol that, because the claimant was already wheelchair-bound prior to this injury and the femur fracture did not appreciably alter her ability to lead her normal life, the tort threshold established by MCL 500.3135 was not met. The case was dismissed in its entirety.

Tort threshold under the Michigan No-Fault Act can be a complicated and intricate analysis. For more information, reach out to Ms.  Smith or any of the other no-fault attorneys at CMDA and let them help.

Attorney Carol Smith Wins Appeal that Sought to Overturn Trial Victory

Posted: February 2, 2023

The Sixth Circuit Court of Appeals has denied a new trial in a case won by Attorney Carol Smith in the Western District of Michigan. The plaintiffs’ appeal cited several alleged errors made by the trial court leading up to and during the jury trial. The court of appeals sided with Ms. Smith and her clients, bringing finality to this years-long legal battle.

The lawsuit was filed by a Chicago-based doctor, who rented a Jeep Wrangler from Ms. Smith’s client to drive on the Silver Lake sand dunes while visiting west Michigan. Following a one-hour guided tour by the client through the dunes, the doctor crested a steep dune at a high rate of speed, causing the vehicle to become airborne and roll. He blamed the accident on negligent instruction by the tour guide, as well as the lack of warnings. He suffered several fractures of his spine requiring multiple surgeries and testified he would never be able to practice medicine again.

Ms. Smith argued that the accident was caused by the doctor’s own negligence and that he had assumed the risk of the activity. After seven hours of deliberating, the Jury returned a verdict favorable to Ms. Smith’s clients. The plaintiff attorneys asked the Jury for $20 million. The lowest settlement demand received was $2 million. Ms. Smith’s clients paid nothing.

Update: $0 Judgment Entered in Federal Lawsuit Tried by Carol Smith

Posted: August 10, 2021

Update: Judge Janet Neff has entered a final judgment in the federal lawsuit tried this spring by Attorney Carol Smith and her paralegal, Suzanne Fuhrman.  The court agreed with Carol that the entire amount awarded by the Jury was either not applicable or subject to offsets.  Carol’s clients will pay nothing.

The lawsuit was filed by a family physician from Chicago, who was visiting the Silver Lake State Park in west Michigan when he rented a Jeep Wrangler from Carol’s client to drive on the sand dunes.  Following a one-hour guided tour by the client through the dunes, the plaintiff crested a steep dune at a high rate of speed, causing the vehicle to become airborne and roll.  He blamed the accident on negligent instruction by the tour guide to give the vehicle full throttle while climbing the hills, as well as the lack of warning that this hill had become peaked.  He suffered several fractures of his cervical and thoracic spine, requiring two surgical fusions to repair, and claimed that he would never return to work as a doctor

Carol argued that the accident was caused by his own negligent operation of the vehicle and that he had assumed the risk of such a potentially dangerous activity.  After seven hours of deliberating, the Jury found heavy comparative negligence by the plaintiff, which prohibited any award of non-economic (pain and suffering) damages.  He was awarded past wage loss, which was reduced by the significant percentage of negligence the Jury attributed to him and then completely offset by the disability benefits he has received.  The plaintiff attorneys asked the Jury for $20 million. The lowest settlement demand received was $2 million.

Attorney Carol Smith Obtains Motion for Partial Summary Disposition on Large-Exposure Case

Posted: June 18, 2021

Judge Geddis (Livingston County) granted a motion for partial summary disposition on a large-exposure case handled by attorney Carol Smith.  The case arises from an accident that occurred when the driver of a motor coach transporting a 40+ middle-schoolers and chaperones took a highway exit ramp too fast and rolled the bus.

Numerous individuals reported injuries, including several broken bones and concussions, as well as a chaperone who suffered burst-type fractures of her thoracic spine and underwent a 6-level spinal fusion.  The driver of the bus tested positive for THC after the accident. Ordinary negligence by the driver has been admitted, as well as vicarious and owner liability by the motor coach company.

In a prelude to motioning the court to throw the THC out of evidence, Carol filed a motion for partial summary disposition on the plaintiffs’ claims of gross negligence, negligent entrustment, and negligent hiring/training/retention.  Judge Geddis ruled in favor of the defense, granted the motion for partial summary disposition in its entirety, and dismissed all requested causes of action.  All that remains is a simple, admitted negligence case in which the THC has no relevance.

Attorney Carol Smith Obtains Impressive Trial Win in Federal Court

Posted: May 14, 2021

Carol Smith, an attorney in our Livonia office, and her paralegal, Suzanne Fuhrman, recently scored an impressive trial win in federal court. The plaintiff, a family physician from Chicago, was visiting the Silver Lake State Park in west Michigan when he rented a Jeep Wrangler from Carol’s corporate client to drive on the sand dunes. Following a one-hour guided tour by the client through the dunes, the plaintiff crested a steep dune at a high rate of speed, causing the vehicle to become airborne and roll. He blamed the accident on negligent instruction by the tour guide to give the vehicle full throttle while climbing the hills, as well as the lack of warning that this hill had become peaked. He suffered several fractures of his cervical and thoracic spine, requiring two surgical fusions to repair, and claimed that he would never return to work as a doctor.

After seven hours of deliberating, the Jury found heavy comparative negligence by the plaintiff, which prohibited any award of non-economic (pain and suffering) damages. He was awarded past wage loss, which is reduced by the 76% negligence the Jury attributed to him and will be further reduced by the considerable disability benefits he has received. The Jury further agreed with the defense that the plaintiff can return to his former employment and awarded nothing for future wages. The exact judgment has not yet been determined but is expected to be less than six figures. The plaintiff attorneys asked the Jury for $20 million. The lowest settlement demand received was $2 million. This is a clear victory for Carol and her clients.

Michigan State Courts
United States District Court for the Eastern District of Michigan
United States District Court for the Western District of Michigan
United States Sixth Circuit Court of Appeals