“ “Mama!” That was the last word Todd Smith’s client heard before her daughter was run over and killed by a bus. The jury heard that compelling evidence seem- ingly at the same time the lawyer for the bus company first did. The evidence was supported by several witnesses who had been in the area and Todd knew it, because he had spoken with just about everyone that was at the scene of the tragedy. There was one witness who Todd had not interviewed before trial. That wit- ness was incarcerated in a Federal Prison in the Galesburg, Illinois. At trial witness after witness confirmed what had happened. Frustrated, the law- yer for the bus company finally asked the court to have the incarcerated witness brought to court so that the jury could hear from someone Mr. Smith had not interviewed before their testimony. This was the second to last day of trial. Todd did not object, but he quickly sent his law clerk to interview the witness in the Gales- burg prison that afternoon as the trial continued in Cook County. Todd’s clerk interviewed the witness and confirmed he saw/heard the same things the other witnesses did. The next morning Todd knew the witness would tell the jury the same tragic story all the other witnesses had, so Todd sat quietly as opposing counsel blindly called the witness to the stand. At the end of the felon’s testimony, the lawyer for the bus company asked the witness in frustra- tion: “has Mr. Smith’s office ever spoken to you?”. The opposing counsel and Trial Judge were stunned and flabbergasted to learn that Todd had the witness inter- viewed in the Galesburg jail the day be- fore. The Judge expressed great concern that Todd had the gall to have the witness interviewed in jail. Todd never flinched. He simply stated it was his right (and obliga- tion as a trial lawyer) to interview every wit- ness that will give testimony. He was right. That is how Todd Smith practices law. With extraordinary preparation and pas- sion for his clients. Todd Smith is a Trial Lawyer’s Trial Lawyer. His dedication to the rule of law, justice and the art of try- ing jury cases exemplifies what every trial lawyer should strive for.”
At the Illinois Bar Foundation Gala in 2015, Todd Smith is shown receiving his award alongside Shawn Kasserman (at left) and Kevin Conway (at right).
her daughter’s life should the arrhythmia strike again. A cardiologist told the woman that her daughter was too young and small for such a device. Less than two years after the first episode, the girl collapsed again and eventu - ally died. Smith filed a lawsuit on behalf of the family against the cardiologist and the University of Chicago for wrongful death. During the trial, Smith brought in experts who said that the defibrillator could have been implanted in the girl and might have saved her life. The jury eventually awarded the family $8 million. That was another record verdict at the time. In another case, Smith earned a settlement of $10 million for a 74-year-old man who was prescribed the drug Amiodarone to help control a heart arrhythmia. The drug, unfortunately, caused the man to suffer near blindness. The com- pany had warned doctors in Canada about this potential side effect but had failed to issue the warning in the United States.
The New York Times Sunday Business section in February 2005, when- Todd served as President of the American Associa- tion for Justice.
Shawn S. Kasserman, Partner, Tomasik Kotin Kasserman LLC
62 JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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