Smith, Schuyler A. - Hamilton Miller & Birthisel

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SCHUYLER A. SMITH

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Schuyler A. Smith is a partner in the firm’s Miami, Florida office. Ms. Smith concentrates her practice on commercial litigation matters, as well as, defending, significant personal injury, premises liability, and products liability lawsuits. She represents major hotels and resort chains, retailers, Fortune 500 companies, insurers, cruise lines, governmental entities, and transportation companies in state and federal courts throughout Florida and the United States Virgin Islands.

Ms. Smith has extensive courtroom and trial experience having begun her legal career as a trial attorney for the State of Florida Department of Children and Families. She subsequently practiced at a large Florida defense firm where she handled cases involving business torts and commercial disputes, as well as, employment and professional liability lawsuits with a particular emphasis on the defense of lawyers, accountants, and insurance brokers.

Ms. Smith was born and raised in Jamaica. Ms. Smith obtained her Juris Doctor from St. Thomas University School of Law and her Bachelor of Science in Political Science from the University of the West Indies in Kingston, Jamaica. While in law school, Ms. Smith served as an Editor for the St. Thomas Intercultural Human Rights Law Review, and was active in the Moot Court and Mock Trial Programs. Ms. Smith also served as an intern to the Honorable Chief Judge David Gersten of the Florida Third District Court of Appeal.

Ms. Smith has been consistently recognized as a Florida Super Lawyers “Rising Star” since 2014 and has been recognized as a Best Lawyers by The Best Lawyers in America in 2022.

HONORS

PRACTICE AREAS

Negligent Security
Product Liability
Premises Liability
Personal Injury and Wrongful Death
Medical Malpractice
Automobile Negligence
Commercial Litigation
Professional Liability
Complex Business Disputes
Business Torts
Environmental & Toxic Tort Litigation
Toxic Tort Exposure
Civil Rights
Admiralty and Maritime
Personal Injury
Longshore and Harbor Workers’ Compensation Act Claims

Education

J.D., St. Thomas University School of Law, 2009

B.S., The University of the West Indies (with honors), 2006

Experience

Obtained Order granting summary judgment in negligence claim stemming from plastic bag on floor for mere seconds on basis that premises owner had no actual or constructive notice of the condition. Barrios v. Target Corporation, 1:23-cv-20814-KMW (S.D. Fla. March 7, 2024)
Obtained order granting summary judgment based on lack of competent expert testimony on causation in toxic tort case brought by Deepwater Horizon oil spill response worker who claimed personal injuries from work performed. Rivers v. BP America Production Company & BP Exploration & Production, Inc., Case No. 3:19cv963 (N.D. Fla.), March 20, 2024
Obtained Order granting summary judgment in negligence claim stemming from plastic bag on floor for mere seconds on basis that premises owner had no actual or constructive notice of the condition. Barrios v. Target Corporation, 1:23-cv-20814-KMW (S.D. Fla. March 7, 2024)
Obtained Order dismissing ADA claim with prejudice on basis that Plaintiff failed to sufficiently allege a disability, an actual injury by the barriers alleged, or an immediate threat of future injury barring her ADA claim and standing to seek injunctive relief. Hollowell v. Carnival Corporation, Case No. 1:22-cv-21399-BB (S.D. Fla.), October 5, 2022
Obtained appellate court affirmance of order dismissing with prejudice a Federal Civil Rights claim alleging religious discrimination against a County School Board. Chabad Chayil, Inc. v. School Board of Miami-Dade County., Case No. 21-10619, 2022 U.S. App. LEXIS 25191 (11th Cir.), September 8, 2022
Obtained defense verdict after three week trial in lawsuit where Plaintiff alleged the negligent provision of products and services by the defendant and sought over $200 Million in damages for lost profits and property damage stemming from an electrical fire. Deauville Hotel Property, LLC v. Trane U.S., Inc., No. 19-16336 (Miami-Dade Circuit Court, July 28, 2022)
Obtained order granting summary judgment based on lack of competent expert testimony on causation in toxic tort case brought by Deepwater Horizon oil spill response worker who claimed personal injuries from work performed. Rodriguez v. BP America Production Company & BP Exploration & Production, Inc., Case No. 19-20042 (S.D. Fla.), Nov. 21, 2019
Obtained order granting summary judgment based on lack of competent expert testimony on causation in toxic tort case brought by Deepwater Horizon oil spill response worker who claimed personal injuries from work performed. Rayo v. BP America Production Company & BP Exploration & Production, Inc., Case No. 19-21263 (S.D. Fla.), November 14, 2019
Obtained order granting summary judgment in negligence claim involving slip and fall on liquid from an allegedly leaking HVAC unit on basis that premises owner had no actual or constructive notice of the condition even though an employee inspected area 2 minutes prior to the incident and despite the use of CCTV footage of the incident used as circumstantial evidence of notice. Palavicini v. Wal-Mart Stores E., LP, No. 18-14329, 2019 U.S. App. LEXIS 27462, 2019 WL 4316693 (11th Cir. Sep. 12, 2019)
Obtained order granting summary judgment in suit alleging claims for respondeat superior, as well as, negligent hiring training and retention on basis that individual who caused automobile accident was not an employee of Dish. Sebastien v. Dish Network Corporation., No. St-14-CV-0000289, (V.I. Super Ct. May 28, 2019)
Obtained defense verdict in trial where plaintiff was struck from behind with merchandise, liability was admitted, and case was defended on causation and damages. Maluff v. Sam’s East, Inc., Case Number: 0:17-cv-60264-FAM, (S.D. Fla. Nov. 8, 2018)
Obtained order granting motion to dismiss with prejudice in case involving on the job injury resulted in amputated leg against maritime stevedore company for lack of subject matter jurisdiction based on the Longshore and Harbor Workers Compensation Act. Velazquez v. Logistec USA et. al. Case No. 15CA001823 (12TH Judicial Circuit September 18, 2018)
Obtained order granting summary judgment on the basis that pallet on floor in store aisle was an open and obvious condition which retailer did not owe a duty to warn of and which the plaintiff should have observed. Alberto Roiz v. Wal-Mart Stores East, LP., Case No. 1:17-CV-21491-KMM (S.D. Fla. February 6, 2018)
Obtained order granting summary judgment where liquid on floor despite employees being near the spill minutes prior to incident on basis that premises owner had no actual or constructive notice of the condition. Ayers v. Wal-Mart Stores, East, L.P., Case No. 15-24663-CIV-GAYLES (S.D. Fla. February 2017)

J.D., High Honors, Barry University Dwayne O. Andreas School of Law

High Honors Certificate in Litigation and Advocacy

M.S., University of Alabama

B.A., University of Alabama

Recognition

The Best Lawyers in America, Commercial Litigation, 2023 – present
Florida Super Lawyer, Rising Star, Law & Politics, 2014-Present
Daily Business Review, promising attorney under 40 “On the Rise” award, 2019
Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Lawyers of South Florida, 2018
Legacy Miami Magazine‘s 40 under 40 Black Leaders of Today & Tomorrow, 2014

Memberships

Florida Bar Federal Court Practice Committee, Member (2023-2024)
International Association of Defense Counsel (ADC) (2022)
Florida Bar Young Lawyers Division: Board of Governors: 11th Circuit Governor (2011-Present)
Florida Association for Women Lawyers, Miami Dade Chapter: Board of Directors (2018-Present)
Caribbean Bar Association: Past President (2012-2013)
Dade County Bar Young Lawyers Section: Board of Directors (2011-2014)
American Bar Association Young Lawyers Division: Vice Chair, Women in the Profession Committee (2013-2014)
American Bar Association Young Lawyers Division: Diversity Scholar (2012-2013)
Wilkie D. Ferguson, Jr. Bar Association: Member (2010-Present)
2013 Florida Bar Wm. Reece Smith, Jr. Leadership Academy Fellow (Inaugural Class)
Domestic Violence Division of the 11th Judicial Circuit: Volunteer Guardian Ad Litem (2012-Present)
Litigation Counsel of America (LCA) (Fellow)
International Association of Defense Counsel (IADC)
Claims and Litigation Management Alliance (CLM)
National Association of Minority and Women Owned Law Firms (NAMWOLF)

Presentations

Defusing Nuclear Verdicts, Claims X Change Annual Conference, 2022
Practical Tips For Managing Conflicts of Interest in Claims Handling, CLM Focus: June, 2022
Handling High Exposure Cases, Miami Law Con (Miami Dade Bar Conference), 2022
Hospitality Law Conference, “COVID-19 Legal Concerns: What’s Top of Mind for Hoteliers,” 2022
American Inns of Court’s Bench & Bar Conference, “Litigating Federal Claims,” 2022
Promoting, Recruiting, and Retaining Diverse Talent in the Modern Law Firm, FDLA 2020 Virtual Law Firm Leaders Summit, 2020
Recession Proof! Lessons Learned – Getting Hired During a Time of Crisis, St. Thomas University School of Law Webinar , 2020
Speaker: Bias Busting: At Work, in the Courtroom, and Every Day, NAMWOLF, 2018
#MeToo: Striving for Equity in the Courtroom and Boardroom, NAWL General Counsel Institute, 2018
Ethical Considerations, Diversity, Inclusion & Overcoming Unconscious Bias, National Bar Association Commercial Law Section, 2017

Admissions

Florida
U.S. Virgin Islands
United States Supreme Court
United States District Court for the Southern, Middle and Northern Districts of Florida
Eleventh Circuit Court of Appeals
U.S. District Court, U.S. Virgin Islands