Bryan Smith s Record: Backup: On His Firm s Website, Smith Is Listed As A Personal Injury Lawyer:

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1 Bryan Smith s Record: Bryan Smith, a personal injury lawyer, tried to enrich himself by opposing efforts in the Idaho legislature to limit frivolous lawsuits and outrageous jury awards that cost Idaho businesses millions of dollars and drive up healthcare costs. Backup: On His Firm s Website, Smith Is Listed As A Personal Injury Lawyer: On His Law Firm s Website, Smith Is Listed As A Personal Injury Lawyer. (Smith, Driscoll & Associates, PLLC Website, d- smith.html, Accessed 7/25/13) (Smith, Driscoll & Associates, PLLC Website, d- smith.html, Accessed 7/25/13) 1

2 (Smith, Driscoll & Associates, PLLC Website, d- smith.html, Accessed 9/16/13) Smith Is A Name Partner At The Firm Smith, Driscoll & Associates, Based In Idaho Falls. Among the practice areas listed on the Smith, Driscoll & Associates website are personal injury, products liability, and workers compensation. (Smith, Driscoll & Associates Website, Accessed 6/25/13. Website no longer active.) Idaho Statesman: "On Smith s business website he lists 'personal injury third on a list of five practice areas: "Litigation; Commercial Law; Personal Injury; Insurance; Construction Litigation."...Smith is the only one listed as practicing personal- injury law." (Idaho Statesman 9/10/2013) Smith s Martindale- Hubbell biography states he is a personal injury lawyer: Martindale- Hubbell law directories for list personal injury as one of Smith's five practice areas. Background Information On Smith s Firm, Smith, Driscoll & Associates, PLLC: Practice Areas Include: Banking Business Commercial Creditor Bankruptcy General Civil Practice Insurance Defense Municipal Law Personal Injury Products Liability Real Estate Trusts and Estates Wills and Probate Workers Compensation (Smith, Driscoll & Associates, PLLC Website, areas.html, Accessed 7/14/13) Opposed State- Level Tort Reform Legislation: In 2003, The Idaho Legislature Heard Testimony On A Proposal To Limit Certain Damages Awarded In Civil Lawsuits. After a parade of testimony from 2

3 nearly every major lobbyist in the state, the House Judiciary and Rules Committee on Thursday approved a bill that would limit certain damages awarded in civil lawsuits. The bill passed 10-6 after the committee rejected an attempt to more narrowly focus the bill to target doctors and hospitals. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) The Measure Capped Punitive Damages And Lowered The Ceiling For Non- Economic Damages. The legislation calls for a cap on punitive damages of $250,000, or three times compensatory damages, whichever is greater. It would also lower the limit of non- economic damages from the current maximum of $682,000 to $250,000. Actual damages remain unlimited. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) The Legislation Enjoyed Broad And Deep Support. The legislation is championed by such political powerhouses as the Idaho Medical Association, the Idaho Association of Commerce and Industry, the Farm Bureau, state associations of cities and counties, and numerous special interest business groups. Proponents said the bill was aimed at reducing insurance rates, especially skyrocketing malpractice premiums paid by doctors and hospitals. Business groups support the bill mainly because it lowers their risk exposure and potentially their liability insurance, and because it may have the effect of reducing insurance costs for employee health plans. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) Amid Widespread Support, Smith Was Among The Dozens Of Lawyers Who Turned Out To Oppose The Measure. Organized opposition at the hearing included the Idaho Trial Lawyers Association, the anti- abortion group Idaho Chooses Life and a handful of individuals who had an interest in previous or pending personal injury claims. Dozens of lawyers turned out against the bill, many arguing that it may actually increase litigation because it cuts too deeply into victims' negotiating position. Why should (a defendant in a civil lawsuit) offer $250,000 if that's all the maximum risk there is, Attorney Bryan Smith of Idaho Falls said. (Chuck Oxley, Panel Sends Lawsuit Limits To House Floor, The Associated Press, 2/14/03) Gov. Dirk Kempthorne Signed The Bill Into Law After It Passed The Legislature By An Overwhelming Margin. A bill signed into law March 26 by Idaho Gov. Dirk Kempthorne (R) sets the standard for tort reform in the states, according to the Alliance of American Insurers. HB 92, which passed the Senate 27-8 and the House earlier this month, limits punitive damage awards and reduces the existing cap on non- economic damages. ( Idaho Gov. Signs Landmark Tort Reform Measure Into Law, Insurance Journal, 3/28/03) The Bill Lowers The Limits On Non- Economic Damages To $250,000 From The Current $400,000. ( Idaho Gov. Signs Landmark Tort Reform Measure Into Law, Insurance Journal, 3/28/03) 3

4 The Bill Also Caps Punitive Damages At The Greater Of $250,000 Or Three Times Compensatory Damages ( Idaho Gov. Signs Landmark Tort Reform Measure Into Law, Insurance Journal, 3/28/03) The Associated Press State & Local Wire February 14, 2003, Friday, BC cycle Panel sends lawsuit limits to House floor BYLINE: By CHUCK OXLEY, Associated Press Writer SECTION: State and Regional LENGTH: 604 words DATELINE: BOISE, Idaho After a parade of testimony from nearly every major lobbyist in the state, the House Judiciary and Rules Committee on Thursday approved a bill that would limit certain damages awarded in civil lawsuits. The bill passed 10-6 after the committee rejected an attempt to more narrowly focus the bill to target doctors and hospitals. The legislation, which heads to the House floor, is championed by such political powerhouses as the Idaho Medical Association, the Idaho Association of Commerce and Industry, the Farm Bureau, state associations of cities and counties, and numerous special interest business groups. Organized opposition at the hearing included the Idaho Trial Lawyers Association, the anti- abortion group Idaho Chooses Life and a handful of individuals who had an interest in previous or pending personal injury claims. The legislation calls for a cap on punitive damages of $250,000, or three times compensatory damages, whichever is greater. It would also lower the limit of non- economic damages from the current maximum of $682,000 to $250,000. Actual damages remain unlimited. Additionally, the bill would increase the standard of proof required before a jury or judge could award punitive damages from a "preponderance of the evidence" to "clear and convincing evidence." 4

5 Proponents said the bill was aimed at reducing insurance rates, especially skyrocketing malpractice premiums paid by doctors and hospitals. "Bad things happen to good people. The question is, what do we do with those people," said attorney Ken McClure, who represented the coalition of supporters. Business groups support the bill mainly because it lowers their risk exposure and potentially their liability insurance, and because it may have the effect of reducing insurance costs for employee health plans. Dozens of lawyers turned out against the bill, many arguing that it may actually increase litigation because it cuts too deeply into victims' negotiating position. "Why should (a defendant in a civil lawsuit) offer $250,000 if that's all the maximum risk there is," Attorney Bryan Smith of Idaho Falls said. Three of the committee members opposing the bill are lawyers. They argued fiercely to amend or kill the bill. Republican Rep. Bill Sali of Kuna grilled McClure about a hypothetical case in which a woman in a car accident became sterilized. "In your view, is the fact that she can't have any more children worth $250,000?" Sali personalized the issue, asking McClure whether he had any children of his own. McClure said he did. "Then if you lost all your children (in an accident), would they only be worth $250,000?" Sali said. "No amount of money can compensate," for that kind of loss, McClure responded. After five hours of testimony, Republican committee chairman Debbie Field of Boise gave personal accounts of problems related to a difficult pregnancy, which resulted in her child being born with cerebral palsy. "I'm just grateful I have a daughter," she said. "Enough is enough. We've got to quit being such a litigious society." Moments before the final vote, Republican Rep. Jim Clark of Hayden made a final plea: "If you vote for this, you're going to be capping a constitutional right," Clark said. "What if we did that with free speech? Or the Second Amendment?" 5

6 Four Republicans, Reps. Sali, Clark, Leon Smith of Twin Falls and Henry Kulczyk of Eagle, were joined by two Democrats, Reps. Dave Bieter of Boise and Allen Anderson of Pocatello, against the bill. Democrat Donna Boe of Pocatello voted with the Republican majority. 6

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