M. Stephen Smith

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Rumberger, Kirk & Caldwell Professional Association
• Representative Cases & Transactions
  Cases

  Notable Cases: Bastida v. Batchelor: 418 So. 2d 297 (Fla. App. 3 Dist., 1982)
  Airline shareholder dispute. Improper directed verdict at trial reversed.
  Florida Power & Light Co. v. Allis Chalmers Corp.: 893 F.2d 1313 (C.A.11 (Fla.),1990)
  Summary judgment in favor of electric transformer manufacturer affirmed in a poly chlorinated biphenyls (PCBs) cleanup contribution action under the Comprehensive Environmental Response Compensation,
  Liability Act (CERCLA).
  Begley v. Truly Nolan Exterminating, Inc.: 573 So. 2d 1038 (Fla. App. 3 Dist., 1991)
  Summary judgment in favor of a pesticide manufacturer. First Florida decision upholding federal preemption under the Federal Insecticide, Fungicide
  Rodenticide Act (FIFRA).
  Miller v. Selden: 591 So. 2d 1063 (Fla. App. 4 Dist., 1991)
  Judgment entered in favor of accountant client against former member of medical limited partnership.
  Chesterton v. Fisher: 655 So. 2d 170 (Fla. App. 3 Dist., 1995)
  Judgment against asbestos product manufacturer reversed. Subsequent favorable settlement.
  Bankers Trust Realty, Inc. v. Kluger: 672 So. 2d 897 (Fla. App. 3 Dist., 1996)
  Legal malpractice complaint dismissed for failure to state a claim.
  Garlock, Inc. v. Harriman: 665 So. 2d 1116 (Fla. App. 3 Dist., 1996)
  Judgment against asbestos products manufacturer reversed for improper jury instruction. Subsequent settlement very favorable.
  Rucker v. Garlock, Inc.: 672 So. 2d 100 (Fla. App. 3 Dist., 1996)
  Defense verdict in favor of asbestos products manufacturer affirmed in a case where defendant manufacturer's defenses were stricken.
  Broderick v. Danek Medical, Inc.: 1999 WL 1062135 (S.D. Fla.)
  Summary Judgment in favor of defendant manufacturer/distributor of orthopedic bone screws (Federal MDL, ED PA.).
  Casamassina v. U.S. Life Ins. Co. in City of New York: 958 So. 2d 1093 (Fla. App. 4 Dist., 2007)
  Summary judgment finding of no duty in favor of medical agent of life insurance co. affirmed.