Kyle N. Smith

03/01/2020

Summary

Kyle’s practice centers on the defense of personal injury and property damage claims. He has defended first- and third-party automobile, product liability, premises liability, and construction site liability matters. Kyle has successfully tried twelve cases to jury verdict in the Macomb, Oakland, and Wayne County Circuit Courts.

Practice Areas

Credentials

Education
  • Michigan State University College of Law (J.D. 2012)
  • Michigan State University (B.S. 2009)
Admissions
  • State Bar of Michigan
  • U.S. District Court, Eastern District of Michigan
Professional Activities
  • Association of Defense Trial Counsel
  • Michigan Defense Trial Counsel
  • Oakland County Bar Association
  • Oakland County Bar Foundation (Fellow)
  • State Bar of Michigan
    • Young Lawyers Committee, Negligence Section (Co-Chair)
Community Involvement

Kyle serves on the Board of Directors of Angels’ Place, a Michigan-based non-profit organization that provides lifelong care and people-centered services, including homes and professional support, for adults with developmental disabilities.

Accomplishments
  • Up & Coming Lawyer, Michigan Lawyers Weekly (2019)
  • Young Lawyers Golden Gavel Award, Michigan Defense Trial Counsel (2018)
  • Super Lawyers™
    • Rising Star (2017-2022)
  • Appellate Moot Court Team Captain, Michigan State University College of Law
  • Jurisprudence Achievement Award Recipient for receiving the highest grade in moot court competition class
Prominent Outcomes

In a third-party automobile case involving a lumbar spine surgery, the jury returned a verdict $62,500 less than the case evaluation award and awarded no future damages to plaintiff. (April 2022)

In a third-party automobile case, the jury returned a verdict that entitled defendant to case evaluation sanctions that exceeded the jury verdict amount, thereby precluding plaintiff from recovery of damages. (February 2020)

The jury returned a verdict $175,000 less than the case evaluation award and awarded no future damages in a third-party automobile and loss of consortium case. (December 2019)

Obtained no-cause verdict for insurance company in a first-party PIP case on the basis that the medical expenses and benefits claimed by plaintiff (in excess of $1,000,000) were not related to the subject accident. (January 2017)

Obtained no-cause verdict in a third-party automobile case where the jury found the defendant driver was not negligent in causing the subject accident. (September 2015)

Won summary disposition in Wayne County Circuit Court in a third-party action for uninsured motorist benefits. Plaintiff, who resolved his prior PIP lawsuit against the insurer and dismissed same with prejudice, subsequently brought a claim for uninsured motorist benefits against the insurer. A motion for summary disposition was filed on behalf of the insurer arguing that plaintiff was precluded from bringing his claim under the doctrine of res judicata and his failure to comply with compulsory joinder of all claims against a party. The Court agreed and granted summary disposition in favor of the insurer and dismissed plaintiff’s claims with prejudice. (October 2014)

Won summary disposition in Wayne County Circuit Court in a negligence case. Plaintiff, a police officer, alleged that he sustained injury as he attempted to extract a man who became trapped in a ditch following a cave-in. A motion for summary disposition was filed on behalf of the homeowner arguing that plaintiff’s claims were barred by the Firefighter’s Rule (MCL 600.2967). The Court agreed and granted summary disposition in favor of the homeowner and dismissed plaintiff’s claims. (April 2014)

Publications & Speaking Engagements

Presented on No-Fault reform at the Michigan Defense Trial Counsel winter seminar (November 2021)

You Say You Want a Resolution?, State Bar of Michigan Negligence Law Section Quarterly (July 2020)

Everyone’s (Got) An Expert, State Bar of Michigan Negligence Law Section Quarterly (October 2019)

A Young Lawyer’s Survival Guide, State Bar of Michigan Negligence Law Section Quarterly (January 2019)

22 Collins Einhorn Farrell Lawyers included in 2022 Super Lawyers® Lists.

Collins Einhorn Farrell PC is pleased to announce that 22 of our firm’s lawyers have been included in the 2022 editions of Super Lawyers.  Four of the 22 recognized lawyers have been included in the Rising Stars edition, which recognizes attorneys who are early in their careers for their outstanding professional excellence in private practice….

Making Sense of Negligence

We all know that a plaintiff must prove four elements to succeed on a negligence claim: a duty owed, a breach of that duty, causation, and damages. A fact-intensive analysis is required to determine whether a defendant breached a legal duty. And to win a motion for summary disposition arguing that no duty was breached,…

Kyle N. Smith Named as one of Michigan Lawyers Weekly’s 2019 Up & Coming Lawyers

  Collins Einhorn is pleased to announce that attorney Kyle N. Smith has been included in Michigan Lawyers Weekly’s Up & Coming Lawyers class of 2019. Smith was one of thirty honorees selected via committee based on criteria which include having established a name for themselves, going above and beyond, and displaying the ambition, drive,…

Collins Einhorn Farrell PC Attorneys Recognized by 2021 Super Lawyers®

We are proud to announce that 22 attorneys have been named to either the 2021 Super Lawyers list, or the 2021 Super Lawyers Rising Stars list. Congratulations! Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition…

Twenty-Three Collins Einhorn Farrell PC Attorneys Recognized by 2020 Super Lawyers®

Collins Einhorn Farrell PC is proud to announce that 15 of its attorneys have been named to the 2020 Michigan Super Lawyers list, and an additional 8 attorneys were named to the 2020 Michigan Rising Stars list. Additionally, Melissa Graves was named to the Top 50: 2020 Women Michigan Super Lawyers list. Super Lawyers, a…

Attorney Kyle N. Smith to Receive Michigan Defense Trial Counsel’s Golden Gavel Award

We are pleased to announce that attorney Kyle N. Smith has been selected as the recipient of the 2018 Michigan Defense Trial Counsel (MDTC) Golden Gavel Award. This award recognizes young lawyers who have been practicing fewer than ten years and have demonstrated significant achievement in the area of advancing “young attorneys” by way of mentoring, civic leadership, charitable endeavors and the promotion of the reputation of the profession through professionalism and courtesy. For full details, please click on the headline.

Attorney Kyle N. Smith Obtains No-Cause Verdict for Insurance Company

A Wayne County jury returned a no-cause-of-action verdict in favor of a no-fault insurer on January 19, 2017. Plaintiff was an occupant of an automobile insured by defendant that was involved in an accident on May 14, 2014. Defendant, represented by Collins Einhorn Farrell PC attorney Kyle N. Smith, argued that the expenses and benefits claimed by plaintiff were not related to the automobile accident. After almost two hours of deliberation, the jury returned its verdict. Click on headline for full details.

Five CEF Attorneys Chosen as an Oakland County Bar Foundation Fellows

Attorneys Sarah E. Blalock, Melissa E. Graves, Samantha J. Orvis, Jason M. Renner and Kyle N. Smith have all been recently selected as an Oakland County Bar Foundation Fellows. The Fellows Program provides critical support for Oakland County Bar Foundation programs. It also provides a setting for dedicated individuals to come together in professional comradery to support the cause. Membership in…

Moloughney and Smith Obtain Summary Disposition for Insured Client in Wayne County Circuit Court

Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff contended that the client negligently hired a contractor to perform excavation around the client’s home. The excavator became trapped in a collapsed ditch and plaintiff, a Grosse Pointe Shores Department of Public Safety officer, responded…

Meet the new Collins Einhorn attorney: Kyle N. Smith

Collins Einhorn is delighted to welcome Kyle N. Smith to its team. Kyle is a 2012 graduate of the Michigan State University College of Law, where he was a captain of the Appellate Moot Court Team and received the Jurisprudence Achievement Award for the highest grade in moot court competition. His practice focuses on general…

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