Ernie Simons is a seasoned litigator focusing much of his practice on defense of motor vehicle personal injury, wrongful death, medical malpractice, asbestos, products liability and insurance coverage matters. He has tried cases before the state, federal and appellate courts and the N.C. Industrial Commission. Ernie's experience also includes most general and commercial litigation categories including contract, catastrophic loss and injury, wrongful death and insurance. He regularly represents automobile and textile manufacturers, real estate companies, brokers and agents, tire manufacturers and trucking companies.
Recently, Ernie has been involved in the defense of a major automotive manufacturer in asbestos mesothelioma personal injury and wrongful death litigation brought by national plaintiffs’ asbestos firm in South Carolina alleging decedent’s or plaintiffs’ exposure to automotive brake and gasket dust caused substantial injury or death. Ernie has practiced law his entire career at Smith Anderson.
Professional & Community Affiliations
- American Bar Association
- Member, American Board of Trial Advocates
- Defense Research Institute
- Charter Member, North Carolina Association of Defense Attorneys
- North Carolina Bar Association
- Wake County Bar Association
Honors & Awards
- Martindale-Hubbell AV Preeminent Rated
- Tried approximately 50 motor vehicle cases to jury verdict with the percentage of cases going to verdict subsequently declining when mandatory mediation was implemented.
- Defended trucking company in personal injury lawsuit case claiming improper loading by the trucking company allegedly caused tower parts to shift while plaintiff was unloading the truck, resulting with serious injury necessitating amputation of plaintiff’s leg.
- Defended obstetrician in the 1st case to decide whether N.C. would recognize a cause of action for “wrongful life” or “wrongful birth,” involving plaintiff that contended she would have had an abortion if appropriate genetic counseling was received.
Defended cardiologist in wrongful death lawsuit alleging that during a pericardiocenthesis procedure, the patient’s heart was inadvertently perforated resulting in the patient’s death.
Defended truck manufacturer in accident alleging “anti-lock" breaking system failed, resulting in a collision with another vehicle and resultant injuries.
Defended family practice physician in medical malpractice lawsuit alleging failure to diagnose the plaintiff had experienced a heart attack.
Defended radiologist in medical malpractice claim alleging failure to make a correct interpretation of a chest x-ray that showed a suspicious area which turned out to be cancerous.
Bar & Court Admissions
- Supreme Court of the United States
- United States Court of Appeals for the Fourth Circuit
- All State Courts in North Carolina
- United States District Courts, Eastern, Middle and Western Districts of North Carolina
- Supreme Court of North Carolina
- North Carolina Court of Appeals
Wake Forest University, J.D., 1971
Wake Forest University, A.B., 1967
- Law Clerk to Justice I. Beverly Lake on the North Carolina Supreme Court