D__Sean_Smith

Partner

D. Sean Smith

Location

1805 Shea Center Drive
Suite 200
Highlands Ranch, CO 80129
P (720) 479-2500
F (303) 471-1855

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Bio

Sean Smith is a partner in WSHB’s Denver office. Sean’s multi-faceted practice focuses on construction litigation, employment, medical malpractice, and transportation law.

Growing up in West Virginia, Sean routinely worked on construction projects with his family. He uses this hard-earned construction knowledge to develop a deeper understanding of issues presented in construction cases, to better evaluate matters and to assist his clients through all aspects of both the pre-litigation and litigation process.

Prior to joining the firm, Sean worked for a major insurance carrier for over nine years, handling catastrophic injury and transportation/trucking claims. When handling these types of cases, Sean relies heavily on his experience in settling, mediating, arbitrating, and/or trying thousands of matters (including first-hand experience acting as trial counsel and testifying witness in over 50 arbitrations/trials).

Education

Denver University, Sturm College of Law (J.D., 2008)

West Virginia University (B.S., 2000)

Licensed to Practice in:

Colorado
U.S. District Court Colorado
Tenth Circuit Court of Appeals
Federal Circuit Court of Appeals

Practice Areas

Construction
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  • Experienced in complex, multi-party residential and commercial defense of general contractors and sub-contractors.
  • Representation of both small and large homebuilders and developers in both pre-litigation and litigated matters.
  • Experienced in ADR, including arbitration and mediation.
  • Defense of worksite injury claims.
  • Prosecution of “Additional Insured” tenders, including injunctive relief through declaratory actions.
Transportation
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  • Represents clients and insurers against personal injuries resulting from automobile accidents and commercial vehicle accidents.
  • Represents trucking companies and commercial carriers in catastrophic injury claims, including wrongful death.
  • Provides risk management and evaluation of business practices, including driver qualification, risk transfer, insurance coverage, and best practices for handling litigation.
Employment
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  • Represent employers to defend EEOC and DORA investigations.
  • Defend employers against discrimination, retaliation, and harassment claims.
  • Advise employers regarding non-competition agreements and applicability of same in relation to Colorado statute and case law.
Medical Malpractice and Healthcare Law
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  • Defense of hospitals, physicians, physician’s assistants, nurses, chiropractors, nursing homes, and long-term care facilities against claims brought for negligence, fraud, and medical malpractice.
  • Experienced in filing responses to DORA complaints on behalf of physicians, physician’s assistants, nurses, and chiropractors.
Professional Liability
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  • Represents insurance agents/brokers, bank directors, and lawyers in various types of professional malpractice and errors and omissions claims.
  • Experienced in representing architects and engineers in defending claims alleging design errors and deficiencies.
Product Liability
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  • Defense of product manufacturers and distributors in product liability claims.
  • Experienced in multi-district litigation claims against manufacturers, designers, and distributors of construction products, mechanical products, and alleged auto design deficiencies.
Environmental
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  • Litigation and management of toxic tort exposure on construction sites and post-construction.
  • Defense and prosecution of toxic plumes of oil and gas released into water tables, resulting in property damage.
Toxic Tort and Occupational Exposure
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  • Defense of property owners, property managers, developers, contractors, and subcontractors against claims of mold exposure and asbestos exposure.
  • Defense of toxic contaminant claims affecting multiple property water tables.
General Liability and Casualty
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  • Extensive knowledge of Medicare compliance and Medicare Set-Asides, including Medicare Secondary Payer issues, Section 111 Reporting, and Conditional Payment Claim issues.
Intellectual Property
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  • Defense of patent infringement involving auto parts and lock mechanisms designed as part of a hitch/towing mechanism.

Publications

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Trial & Appellate Results

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Events, Seminars & Presentations

NBI: Medicare Set-Asides in Personal Injury Litigation (2010)

Multiple CLM Presentations: Marijuana – Will the Insurance Industry Inhale (2016)

Lockton Law Day: Marijuana – Unique Risks involving Legalization and Employment (2017)

CLM Presentation: Cyber Security Insurance and Risks (2017)

Private seminars for various clients/insurers

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Community Activities

Board of Directors, Real Colorado Soccer Club

Active participant advisor, Peak 2 Peak Youth Wrestling

Memberships

Colorado Defense Lawyers Association, Member

Claims Litigation Management (CLM), Member

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