Randall E. Smith, Partner

Bar Admissions: Maine, 1971; Iowa, 1971; U.S. District Court District of Maine, 1971; U.S. Court of Appeals 1st Circuit, 1995; U.S. Supreme Court, 1996, Maryland 1998

Education: University of Iowa College of Law, Iowa City, IA, 1971, J.D.; University of Iowa, Iowa City, Iowa, 1968, B.A.

Professional Associations and Memberships:

• Maine State Bar Association, 1971-present:
  • Board of Governors, 1999-2006
  • Judicial Evaluation Committee, 2006-present
• Civil Rules Committee, 1978-1987 and 1999-2008:
  • Discovery Reform Subcommittee, 1980-1982.
  • Alternative Dispute Resolution Subcommittee, 1999.
• Maine Trial Lawyers Association, 1971-present:
  • Judicial Liaison Committee, 1990-1994.
  • Board of Governors, 2007-present.
• Maine Board of Bar Overseers Fee Arbitration Commission, 1978-1982.
• Association of Trial Lawyers of America, sustaining member, 1971-present:
  • Aquatic Injury Safety group, 1982-present.
  • Attorneys Information Education Group, ATV subgroup, 1985-present.
  • Dalkon Shield Litigation Group, 1990-present
  • Breast Implant Litigation Group, 1992-present:
  • State of Maine liaison to National Steering Committee, 1997-present.
  • Cardiac Device Litigation Group, 1996-present.
  • Nursing Home Litigation Group, 2000-present.
  • Medical Negligence Information Exchange Group, 1999-present.
• Defense Research Information Committee, 1981-present.
• Iowa State Bar Association, 1971-present.
• Maryland State Bar Association, 1998-present.
• American Bar Association, (Torts & Insurance Practice Section), 1993-present.

Honorary Appointments: International Academy of Trial Lawyers, 2006-present; American Board of Trial Advocates, 1992-present; Roscoe Pound Foundation, Fellow, 1996-present; Committee to Nominate Justice To The First Circuit Court Of Appeals, 1998.

Presentations: “Civil Trial Practice,” Bridging the Gap, Maine State Bar Association; “Discovery Practice in Maine,” Maine Trial Lawyers Association; “Admissibility & Presentation of ‘Day In The Life’ Films,” Maine Trial Lawyers Association; “Evaluation of Personal Injury Claims,” Maine Trial Lawyers Association, “Discovery Reform in The Federal Courts,” Maine Trial Lawyers Association; Moot Court Advisor, University of Maine School of Law; Civil Trial Practice Judge & Advisor, University of Maine School of Law.

Arbitration/Mediation: Superior Court Mediator, York County Superior Court Pilot Project; Arbitrator selected by the Johns Manville Bankruptcy Trust and claimants to decide the value of disputed asbestos injury claims; Mediator hired privately to facilitate the resolution of claims including disability, dram shop, insurance, medical negligence and other injury related matters.

Representative Cases:
Wilmot Lewis as PR of the Estate of Ethel Lewis v. Lori Marston, (Cumberland County Superior Court, Docket No. CV-07-213) $535,000.00 judgment in pedestrian knockdown.

Ruth Meierdirk v. Thatcher Motel, (York County Superior Court, 1976) first 6 figure verdict in York County.

Karl Tucker v. York Hospital, (York County Superior Court, 1997) first 6 figure medical malpractice verdict in York County.

Dian Pickens v. Maaco, et al., (Cumberland County Superior Court, Docket No. CV-79-99, 1982) $300,000 product liability verdict in solvent explosion case.

Laura Donnell v. Julian Moore, (U.S. District Court, Docket No. 76-100-P, 1980) $400,000 verdict in pedestrian knock down case.

Russell Violette v. Smith & Nephew Dyonics, Inc., U.S. District Court, medical product/preemption, verdict for Plaintiff; 1st Circuit Court of Appeals affirming verdict, 62 F.3d 8 (1st Circuit 1995); companion case to Lohr v. Medronics, 56 F.3d 1335 (11th Circuit 1995), denying federal pre-emption for Class III FDA medical products.

Albertine Little v. Wyeth Labs, (Cumberland County Superior Court, Docket No. CV-86-394, 1985) successful defense of Wyeth Labs in influenza vaccine death case.

Austin v. Johns-Manville, (U.S. District Court, Docket No. 80-0327-P, 1986) successful defense of J.P. Stevens in over 200 asbestos cases.

Lynn Smith v. Robert P. Doyle, M.D. (Cumberland County Superior Court, Docket No. CV-00-719, 2004) $400,000 medical malpractice verdict for laparoscopic cholecystectomy.

Robert Zutaut v. Bruce Gallup, D.M.D., (Cumberland County Superior Court, Docket No. CV-00-284, 2000) $700,000 medical malpractice verdict for facial nerve injury.

Carol Cloutier v. A.H. Robins, Inc., 152 B.R. 1(D.Me., 1993), last of over 20 Dalkon Shield IUD cases.

Gary Nichols v. Honda, et al., (U.S. District Court, Docket No. 95-27-P) one of multiple claims on behalf of persons injured on ATVs.

Hundreds of confidential settlements involving claims of medical negligence as well as product liability claims involving: surgical equipment, heart valves, defibrillators, breast implants, DES, IUDs, vaccinations, ATVs, seatbelts, airbags, seat backs, swimming pools, diving boards, amusement park rides, etc.

Practice Areas