wscd Whitney Smith
Litigation is about resolving disputes. My goal is to efficiently manage each case in a way that leaves my client pleased with the result.

Smith, Whitney L. C.

Whitney Smith’s practice focuses on construction defect litigation, commercial litigation, defense of owner associations, personal injury defense, and product liability. Whitney is licensed to practice in the state and federal courts of Washington. He has successfully tried cases before juries in both federal and state courts, has arbitrated cases, and has served as an arbitrator.

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  • University of Oregon – J.D., 1991
  • University of Washington – B.A. in Economics and Political Science, 1987

Bar Admissions 

  • Washington State Bar Association
  • US District Court, Eastern and Western Districts of Washington 

Notable Results

Represented developer in condominium construction defect action brought by owners association seeking seven million dollars for repairs to high-rise condominium.  Action included first yellow brass plumbing claim to go to decision in Washington State.  Owners association sought over two million dollars in repairs for the alleged yellow brass plumbing defects.  In RCW 64.55 three-member panel arbitration, obtained defense decision on yellow brass claim.  Fifth & Madison Owners Association v. Fifth and Madison, LLC.

Represented largest United States manufacturer of golf shoe cleats in product liability action where plaintiff alleged significant permanent injuries and damages.  Defense verdict.  Raunig et. al. v. New Castle Golf L.L.C., et. al.

Represented property management company and condominium board in lawsuit alleging injury caused by cellulose-based insulation. Defense verdict. Affirmed on appeal.  Lirette v. The Roanoke Group, Inc. et. al.

Co-Counsel representing ladder manufacturer in a product liability action filed by an airline pilot seeking three million dollars in damages for permanent injuries. Defense verdict. Burman, et al. v. Keller Ladders, Inc., Snohomish County Superior Court, Washington

Represented elevator manufacturing and maintenance company in personal injury lawsuit. Obtained Summary Judgment dismissing lawsuit. Howell v. Otis Elevator, et. al.

Represented former condominium board members being sued for alleged breach of fiduciary duties. Obtained Summary Judgment dismissing suit and recovered all of defendants’ attorney fees and costs.  Village at Casper’s Mills Condominium Owners Association v. Kell et. al.

Presentations and Publications

  • Legal Issues and Challenges Presented by Additive Manufacturing, CLM Annual Conference, 2015
  • Lessons Learned from 5th and Madison RCW 64.55 Arbitration, Annual Construction Law Update, 2014
  • Claims and Litigation Management Alliance, Co-author of Washington Litigation Management Handbook, 2013.
  • Pitfalls and Punishment: Mistakes in Product Discovery, Washington Defense Trial Lawyers, 2013
  • Would You Like Frye(s) or Daubert With That? Washington Defense Trial Lawyers, 2013
  • Recent Case Law Governing Tenders of Defense and Indemnity to Contractors, Seattle Claims Adjusters Association, 2010
  • Expert Depositions–Preparing for the Deposition of the Opposing Expert, National Business Institute, 2009
  • Trial from A to Z–Post-Verdict Motions, National Business Institute, 2008

Professional and Civic Involvement

  • Martindale Hubbell® – AV “Preeminent” Rating
  • Washington Law & Politics "Super Lawyer" ® 2008 to Present
  • Claims & Litigation Management Alliance, Member
  • Washington State Bar Association - Member Product Liability Section and Construction Law Section
  • Washington Defense Trial Lawyer’s Association
  • Beta Omega Alumni Association, Current Board Member
  • Gonzaga Prep High School 125 Years, Fundraising Committee Member 

Personal Interests and Activities

Home remodeling, golf, Husky football.