John is President of Lee Smart. John’s practice focuses on the representation of professionals, including attorneys, healthcare providers, clinics and pharmacies in malpractice actions, licensing/disciplinary matters, employment liability, and practice transactions and related disputes. He has also successfully defended personal injury, property damage, product liability and toxic tort claims. John is a frequent speaker at risk management seminars and continuing education courses.
John’s experience includes these notable cases:
- Harbin v. OMS – Defense verdict after jury trial in which plaintiffs were claiming a foreign object was left in the left maxillary sinus during the extraction of the upper left third molar. Plaintiffs’ damages included chronic sinusitis, loss of smell with decreased taste and increased respiratory sensitivity. Plaintiffs had asked the jury for an award of $572,000.
- Melland v. Clinic – Defense verdict in Federal Court where the plaintiff claimed wrongful withholding of wages and wrongful/retaliatory termination. At mediation, plaintiff demanded $1,000,000.
- DQAC v. DDS – Reversal by the Court of Appeals of a Dental Quality Assurance Commission Order following a three-day hearing that found the dentist engaged in unprofessional conduct, which resulted in a suspension of the dentist’s license. The dentist’s license was reinstated and his record was cleared of all wrongdoing.
Seattle University School of Law, J.D. 1987
University of Washington, BA 1983
Washington State Bar
U.S District Court, Eastern District of Washington
U.S District Court, Western District of Washington
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court
Washington State Bar Association
Washington Defense Trial Lawyers Association
Washington Healthcare Risk Management Society
Washington State Society of Healthcare Attorneys
Defense Research Institute