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 (Pro Bono) 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
• American Health Lawyers Association, 2000 to present
• Buncombe County Bar Association, 1972 to present.
  • President 1995-1996
• Defense Research Institute, 1987 to present
• North Carolina Association of Defense Attorneys, 1990 to present
• North Carolina Bar Association, 1972 to present.
• North Carolina State Bar, 1972 to present

Recognitions

• Named by his peers to Best Lawyers in America
• Named by his peers to Business North Carolina Legal Elite
• AV Peer Review Rated by Martindale-Hubbell
• Listed in North Carolina Super Lawyers 2011

Born in Berkinhead England, Phil grew up in Newtown, PA, 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 and his wife, Pat (who serves as Executive Director of the Western North Carolina Community Foundation) 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 to 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