Daniel U. Smith
Biography & California Supreme Court Cases
Biography
Mr. Smith graduated from Princeton University (A.B. 1965) and the UC Berkeley School of Law (J.D. 1968), where he was Executive Editor of the California Law Review.
In 1969 Mr. Smith clerked for Federal District Judge Alfonso J. Zirpoli (N.D. Cal.), and then became an associate at Sidley & Austin.
Mr. Smith’s appellate specialization started in 1976 for the Los Angeles City Attorney.
In 1983 Mr. Smith opened his own office representing clients exclusively on appeal in state and federal courts.
For 10 years Mr. Smith published a weekly column in The Recorder, “What’s New in Tort and Trial Practice.”
In 1983 Mr. Smith co-founded an annual seminar, “What’s New in Tort and Trial Practice,” summarizing the prior year’s statutes and cases affecting tort and trial practice. The seminar has been attended by thousands of lawyers and continues to this day.
In 2002 he was named Appellate Lawyer of the Year by the Consumer Attorneys Association of Los Angeles.
Mr. Smith served on the Judicial Council committee that in 2003 issued an entirely new set of civil jury instructions (CACI) in plain English.
In 2015 he was a finalist for Consumer Attorneys of California’s Trial Lawyer of the Year for obtaining a favorable confidential settlement on appeal of a $24 million punitive damage award for elder abuse. Boice v. Emeritus (Sacramento Sup. Ct. No. 34-2009-00063714).
Mr. Smith served as co-chair of the San Francisco Bar Association’s Appellate Courts Committee and was founding vice-chair of the Los Angeles County Bar Association’s Appellate Courts Committee. He has been a frequent contributor to Forum magazine.
Mr. Smith is admitted to the bar of the U.S. Supreme Court, the Ninth Circuit Court of Appeals, and in California and Illinois. He is a Certified Appellate Specialist (California State Bar Board of Legal Specialization) and a member of the California Academy of Appellate Lawyers.
California Supreme Court Cases
In the California Supreme Court, Mr. Smith argued and/or briefed 19 cases:
Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764
Amicus brief supported ruling that defendant’s parking of a tractor-trailer in an emergency area near freeway for a lunch stop was negligence contributing to accident with vehicle that left the freeway.
Delgado v. Interinsurance Exchange of Automobile Club of Southern California (2009) 47 Cal.4th 302
Amicus brief contended that where a homeowners policy covers “accident,” the insurer has no duty to defend the insured from a claim of assault and battery, even if the insured’s belief in the need for self-defense was unreasonable.
Grisham v. Philip Morris, U.S.A., Inc. (2007) 40 Cal.4th 623
Briefed and argued the statutes of limitation for separate physical and economic injuries are triggered by the separate manifestation of each injury.
Shin v. Ahn (2007) 42 Cal.4th 482
Briefed and argued that a golfer who tees off without first looking to see if the fairway is clear of nearby golfers is reckless and cannot invoke the primary assumption of risk defense.
Miller v. Department of Corrections (2005) 36 Cal.4th 446
Briefed and argued that supervisors sexual activities with some female employees created actionable hostile environment and retaliation for other female employees.
Donaldson v. National Marine, Inc. (2005) 35 Cal.4th 503
Briefed and argued that the Jones Act allows California courts to assert jurisdiction over claims of asbestos exposure in other states.
Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659
Briefed and argued that landowners have a duty to warn workers of latent hazards on their property.
Simon v. San Paolo U.S. Holding Co., Inc. (2005) 35 Cal.4th 1159
Briefed and argued that punitive damages may be measured by plaintiff’s uncompensated harm.
Johnson v. Ford Motor Co. (2005) 35 Cal.4th 1191
Briefed and argued for amicus that $10 million punitive damage award was valid.
Elsner v. Uveges (2004) 34 Cal.4th 915
Briefed and argued that Labor Code section 6304.5 makes OSHA standards admissible to prove a contractor’s duty.
Naegele v. R.J. Reynolds Tobacco Co. (2002) 28 Cal.4th 856
Briefed that the former immunity in Civ. Code § 1714.45 did not bar liability for defendant’s dangerous additives to tobacco.
Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828
Briefed and argued that smokers may recover for tobacco company misconduct before the 1988 enactment of the statutory immunity in Civ. Code § 1714.45.
Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4th 1127
Amicus brief argued that
different dates of manifesting asbestos injuries trigger separate limitation periods.
Davis v. KGO-T.V., Inc. (1998) 17 Cal.4th 436
Briefed for plaintiff that expert fees are a recoverable cost in Fair Employment and Housing Act (FEHA) action).
Sullivan v. Delta Air Lines, Inc. (1997) 15 Cal.4th 288
Amicus brief argued that
award of emotional distress damages was unaffected by the plaintiff’s death pending
appeal.
Salgado v. County of Los Angeles (1998) 19 Cal.4th 629
Briefed and argued that a medical malpractice plaintiff’s pain and suffering award is a present lump sum that may not be reduced to periodic payments over the plaintiff’s lifetime.
Munoz v. Olin (1979) 24 Cal.3d 629
Briefed and argued that arson investigator may use deadly force to apprehend fleeing arson suspect.
Dawkins v. City of Los Angeles (1978) 22 Cal.3d 126
Briefed and argued that police had probable cause to detain suspect.