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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. He coordinates the firm's insurance-coverage and appellate practice.
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.
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Representative Cases
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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:
- Adler v. Fred Lind Manor, 153 Wn.2d 331, 103 P.3d 773 (Dec. 2004) (employment contract)
- 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)
- Byrd v. System Transport, Inc., 124 Wn. App. 196, 99 P.3d 394 (2004) (employer immunity)
- 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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