Leland S. Smith, III

Martindale Hubbell logoLELAND S. SMITH, III (Leland) was born in Jackson, Mississippi in 1957. He received his Bachelor of Arts degree cum laude from Millsaps College in 1980 and his Juris Doctorate from the University of Mississippi in 1982. He was a member of Omicron Delta Kappa leadership honorary and Phi Delta Phi legal fraternity. He is currently a member of the Hinds County, the Mississippi and the American Bar Associations and is also a member of the Mississippi Defense Lawyers Association. Mr. Smith has a general defense practice including litigation in both state and federal courts and before the Missisippi Workers' Compensation Commission.

Current Employment Position(s):

Bar Admissions:

Education:

Professional Associations and Memberships:

Recent Trial Decisions:

Dorizas v. Brouillette, Rankin County, Mississippi, Circuit Court (Sept., 2009)

Leland Smith received a unanimous jury verdict for the defendant in a motor vehicle accident case. Plaintiff and Defendant were both driving in the same direction on a divided four lane highway when Plaintiff changed lanes in front of Defendant. Plaintiff claimed Defendant failed to have her vehicle under proper control, was driving too fast for the existing conditions and failed to keep a proper look out. The Defendant denied all claims of negligence and Mr. Smith successfully argued that the plaintiff made an improper lane change.

Summary Judgments:

Tillman v. MDOC, Circuit Court for the First Judicial District (August, 2011)

Leland S. Smith recently obtained Summary Judgement for his client in a claim for negligent infliction of emotional distress, intentional infliction of emotional distress and negligence. After hearing arguments and considering legal positions from both sides, the Court found that there was no genuine issue of material fact and that the Defendant was entitled to Summary Judgment as a matter of law. The case involved a claim of wrongful incarceration.

Doss et al. v.  NPC International, Inc., United States District Court (February, 2011)

Leland Smith and Bobby Stephenson were successful in obtaining summary judgment on behalf of their client in a case filed by 19 plaintiffs who claimed they became ill after eating a meal at the defendant’s restaurant.  The U.S. District Court for the Northern District of Mississippi ruled “to conclude that the plaintiffs suffered gastroenteritis at the hands of undercooked food prepared by the defendant would be speculative at best.” 
One particularly interesting aspect of the case concerned the apparent attempt at “forum shopping” by the plaintiffs.  Initially, two plaintiffs filed suit in state court.  The defendant successfully removed the case to federal court.  The plaintiffs, in varying combinations, thereafter filed four subsequent complaints in state court in an effort to avoid federal jurisdiction.  Three separate federal judges held that the defendant properly removed each of the five separately filed lawsuits and retained jurisdiction.  After rejecting the plaintiffs’ attempts at forum manipulation, the federal court consolidated the five lawsuits.

Pyron v. Piccadilly Restaurants, Northern District of Mississippi, Greenville Division (July, 2009)

Leland Smith successfully argued a Motion for Summary Judgment for a restaurant that had been sued by a customer who fell in the ladies' restroom, and claimed her fall was caused by a slippery floor. The Defendant presented proof that the restroom had been recently inspected, at which time the floor had been found to be clean and dry. The Court determined that there was no proof of negligence on the part of the restaurant. The Plaintiff's speculation about what might have caused the floor to be slippery was insufficient to defeat the Defendant's Motion for Summary Judgment.