Brigitte J. Smith Partner




Brigitte Smith represents clients and insurers in the areas of construction, transportation, medical malpractice, motor vehicle litigation, premises liability, product liability, professional liability, employment and toxic tort. She has experience representing design professionals in construction defect cases involving large residential condominium projects.  In addition, Brigitte has represented a broad range of national and international trucking clients in motor vehicle litigation across Maryland. She is an experienced member of the firm’s 24/7 emergency response team for catastrophic events, and has the ability and knowledge to respond on behalf of her clients. She has successfully represented clients at the local, state and municipal levels, and has extensive litigation experience in both levels of trial courts in Maryland and in the appellate courts. Brigitte has tried many cases to favorable outcomes and has vast experience in mediation and arbitration proceedings. 

Known for her skills in legal analysis and reasoning, Brigitte excels at communicating effectively both as an advocate for her clients and as a trusted adviser. She achieves a balance of persuasiveness and deference that advances the successful resolution of her cases. Brigitte’s time management and organizational skills demonstrate her high level of commitment to both her clients and her colleagues. Prior to joining Wilson Elser, Brigitte represented employers and their insurers in the defense of workers’ compensation claims and honed her advocacy skills in court and at administrative hearings.

Areas of Focus

Professional Liability
Brigitte has been retained by design professionals and contractors, as well as their professional liability insurers, in defending construction defect and construction accident cases in residential condominium projects across Maryland. 

Complex Tort & General Casualty
Brigitte focuses her complex tort & general casualty practice on premises liability and medical malpractice cases. She has defense experience in a broad spectrum of areas, including personal injury, construction, manufacturer’s defects and product-based claims.

Medical Malpractice
Brigitte’s medical malpractice experience includes medical providers and facilities, principally in the areas of wrongful death, personal injury, insurance coverage and related disputes. 

Product Liability
Brigitte defends against product liability and mass tort actions in a variety of categories, drawing on Wilson Elser’s nationwide network of consulting experts as the need arises in any number of engineering or scientific disciplines. 

Railroad Industry
Brigitte has experience in handling railroad law and litigation matters, including crossing accidents, actions involving injuries to employees, right-of-way and real estate disputes, contract disputes, occupational claims, and toxic tort claims and related environmental matters.

Representative Matters

In a wrongful death case and medical negligence action, relied on a case concurrently decided by the Maryland Court of Appeals to exclude at trial any reference to the Physician’s Desk Reference or package insert for a cytoprotective agent used in the course of treatment.

Following an accounting malpractice trial, worked with defense team to obtain reversal of jury’s finding on constructive fraud and ultimately reached a settlement that included vacating of all judgments.

Obtained judgment in favor of a large property management company in an action for negligence (mold and failure to maintain premises), retaliatory eviction, malicious prosecution, libel, slander and intentional infliction of emotional distress.

Obtained a defense verdict in a case in which a passenger in an ambulance died as a result of injuries sustained in a motor vehicle accident.

Successfully negotiated very favorable binding arbitration in a case alleging more than $2 million in damages resulting from a restaurant fire.

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