Seattle Complex Litigation Attorney

Phone: 206.621.3482 Toll Free: 877.624.7990 Fax: 206.624.5944 Eml: jpd@leesmart.com

Jeffrey P. Downer is the president of Lee Smart, P.S., Inc. He graduated from the University of Washington School of Law in 1982 and was admitted to the Washington State Bar that year. He joined Lee Smart, P.S., Inc. as an intern in 1980 and as a lawyer in 1982. He became a shareholder in the firm in 1987. His practice emphasizes insurance defense litigation, including insurance-coverage matters, product liability, environmental claims and coverage, appellate practice, and a broad range of professional-liability claims. Mr. Downer is Costco Wholesale Corporation's national coordinating counsel in defense of claims across North America arising from allegations of E. coli O157:H7 infection and other claims of food-borne illness or food contamination. He coordinates the firm's insurance-coverage and appellate practice. Mr. Downer has served as arbitrator in numerous lawsuits involving personal injuries and commercial disputes.

A cum laude graduate of the University of Washington with a degree in editorial journalism, Mr. Downer is the editor of THE LEE SMART QUARTERLY, a newsletter regarding litigation and the insurance defense practice of law. In 1994 the Martindale-Hubbell Law Directory gave Mr. Downer its "AV" rating, which is its highest. He has spoken at Continuing Legal Education seminars regarding claims of food-borne illness, professional liability, and many other aspects of defense litigation.

Representative Cases

Significant cases Mr. Downer has handled include several multi-million-dollar environmental-coverage matters; class-action insurance litigation; and bad-faith claims against insurers. He has defended E. coli O157:H7 claims; a $40 million Superfund proceeding; the product-liability actions of Tuttle v. The Stroh Brewery Co. and Zamora v. Mobil Oil Corp.; Boggs v. Whitaker Lipp & Helea, an insurance-coverage action involving approximately 300 claimants and $65 million in claims; and numerous appellate cases.

Mr. Downer has argued appeals to the Ninth Circuit Court of Appeals, the Washington Supreme Court, and the three divisions of the Washington State Court of Appeals. Reported appellate decisions he has litigated include:

Jackowski v. Borchelt - 151 Wn. App. 1, 209 P.3d 514 (2009) (real estate professional liability).
Adler v. Fred Lind Manor - 153 Wn.2d 331, 103 P.3d 773 (Dec. 2004) (employment contract).
Byrd v. System Transport, Inc. - 124 Wn. App. 196, 99 P.3d 394 (2004) (worker's compensation bar to suit).
Merrigan v. Epstein - 112 Wn.2d 709, 773 P.2d 78 (1989) (professional liability).
Young v. Key Pharmaceuticals, Inc. - 112 Wn.2d 216, 770 P.2d 182 (1989) (professional liability).
Zamora v. Mobil Oil Corp. - 104 Wn.2d 211, 704 P.2d 591 (1985) (product liability).
Minahan v. W. Wash. Fair Ass'n. - 117 Wa. App. 881, 73 P.3d 1019 (2003) (workplace safety).
McMahan & Baker, Inc. v. Continental Cas. Co. - 68 Wn. App. 573, 843 P.2d 1133 (1993) (insurance).
Sorenson v. Keith Uddenberg, Inc. - 65 Wn. App. 474, 828 P.2d 650 (1992) (premises liability).
White v. Kent Medical Center, Inc. - 61 Wn. App. 163, 810 P.2d 4 (1991) (professional liability).
Nichols v. CNA Ins. Cos. - 57 Wn. App. 397, 788 P.2d 594 (1990) (insurance).
Boggs v. Whitaker, Lipp & Helea, Inc. - P.S., 56 Wn. App. 583, 784 P.2d 1273 (1990) (insurance).
Kent v. Lee - 52 Wn. App. 576, 762 P.2d 24 (1988) (professional liability).
Chapman v. Black - 49 Wn. App. 94, 741 P.2d 998 (1987) (quadriplegia).

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