Attorney Carol Smith Wins Appeal that Sought to Overturn Trial Victory

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.

Carol Smith is an attorney in our Livonia office where she focuses her practice on insurance defense matters. She has considerable litigation and trial experience representing clients in third-party auto claims, as well as first-party no-fault and uninsured motorist claims. Additionally, she advises clients on numerous areas of law, including insurance coverage, general liability, personal injury protection (PIP) and bodily injury claims. She may be reached at (734) 261-2400 or csmith@cmda-law.com.