Philip J. Smith

Phil has practiced with The Van Winkle Law Firm since 1972. His primary areas of practice include healthcare, construction, professional malpractice defense (accounting, architectural, dental, engineering, legal and medical), products liability, banking and commercial law.

After receiving a Bachelor of Arts degree from Wake Forest University, Phil studied law at Temple University where he received his Juris Doctor in 1972. He is a member of the North Carolina Association of Defense Attorneys and the Defense Research Institute. He served as President of the 28th Judicial District Bar from 1995 through 1996 and as President of Pisgah Legal Services, a non profit organization providing free legal services to those in need, in 2005 and 2006.

Practice Highlights

• Successfully defended local hospital in U.S. District Court in a multi-million dollar claim commenced by a surgeon as a result of his medical privileges being summarily suspended at the recommendation of the hospital’s medical staff. The action asserted claims for deprivation of due process, freedom of speech, breach of contract, slander and contract interference. Case is on appeal to the Fourth Circuit Court of Appeals.
• Unwinding of two major medical practices and successful negotiation of terms without litigation or alternative dispute resolution and no interruption of practice business.
• Jury verdict in favor of surgeon who bypassed the wrong coronary artery alleged to have been the result of negligence causing the plaintiff to sustain a subsequent myocardial infarction.
• Successful defense of multiple physicians and an academic medical center in a $24 million impaired baby case.

Professional Affiliations

• 28th Judicial District Bar
• North Carolina State Bar
• American Health Lawyers Association, 2000 - Present
• Buncombe County Bar Association, 1972 - Present
  • President, 1995 -1996
• Defense Research Institute, 1987 - Present
• North Carolina Association of Defense Attorneys, 1990 - Present
• North Carolina Bar Association, 1972 - Present
• Harry C. Martin American Inns of Court

Recognitions

• Best Lawyers in America
• Business North Carolina Legal Elite
• AV Peer Review Rated by Martindale-Hubbell
• North Carolina Super Lawyers, 5+ years

Born in Berkinhead, England, Phil grew up in Newtown, Pennsylvania and moved to Asheville upon graduating from Temple University in 1972. In his spare time, he enjoys nature, gardening, bicycling, woodworking, snow skiing, tennis and sailing and he is active in his church.

Phil's wife, Pat, serves as Executive Director of the Community Foundation of Western North Carolina. They have two children.

Favorite Food
My wife’s paella

Favorite Artist
Bierstadt, Renoir, Will Henry Stevens

Favorite Music
All kinds, but big bands at the moment

Favorite Author
David McCullough (currently)

Favorite Movie
The Shawshank Redemption

Most Recently Visited
South Africa

Guilty Pleasures
Chocolate (preferably dark) and good wine

Community Involvement

• Pisgah Legal Services Board of Directors (legal aid)
  • Past President and Board Member
• Central United Methodist Church Board of Trustees
  • Chairman, 2002 - Present
• Asheville Chamber of Commerce Healthcare Roundtable
• Wake Forest University Alumni Council, 2000 - 2004
• Asheville-Buncombe Christian Ministries Board of Directors
  • President, 1994 - 1995
• YMCA Board of Directors
• Asheville City Schools Foundation
• United Way