Carol Ann Smith   205-802-2214

Founding Partner

Carol Ann Smith
Rated by Super Lawyers

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Carol Ann Smith has practiced law in Alabama for more than 40 years, over time focusing on defense of complex, high-exposure litigation.  She has represented businesses, both large and small, in a wide range of matters in state and federal courts across Alabama.  She often represents insurance carriers and policyholders in matters involving coverage and bad faith. 


Carol Ann graduated magna cum laude from Birmingham-Southern College in 1971. She received her law degree from the University of Alabama in 1975, after which she clerked for the Honorable Justice James N. Bloodworth of the Alabama Supreme Court.  She earned her LLM from New York University (NYU) and began practicing law in Birmingham, Alabama in 1977. 


Carol Ann was one of the earliest, if not the first, woman lawyers trying civil personal injury cases to the jury in state and federal courts in Birmingham and other venues across the state.  Early trial court wins, resulting in defense jury verdicts, in her first five years of practice included wins for L&N Railroad and Sears. 


Carol Ann has served on many state and local bar committees since the early 1980s.  She proudly served as the first female President of the Birmingham Bar Association (1997).  She has also served as President of the Alabama Defense Lawyers Association (1997) and the Birmingham Bar Foundation (1999-2000).  Other highlights include her appointment to the Alabama Pattern Jury Instructions Committee (2003-2009) and chairing the Alabama State Bar Task Force on Bench-Bar Relations (2000-2001).   


In 2010, Carol Ann was awarded the prestigious Nina Miglionico “Paving the Way” Leadership Award.  Named in honor of the noted Birmingham advocate for social justice (and one of the first women to work as a lawyer in Alabama), this award recognizes lawyers who have actively paved the way to success and advancement for women lawyers.  


Among other awards, Carol Ann has been recognized by the Birmingham Business Journal  as among the “Top Ten Women in Birmingham” (1997) and the “Best Lawyers in Birmingham” (2008).  She has been selected as among Alabama’s Super Lawyers (2008-present).   She is rated AV Preeminent by Martindale-Hubbell.


Carol Ann enjoys mentoring younger lawyers and law clerks.  The firm makes full use of aspiring talented law students from nearby Cumberland School of Law (Samford University) and the University of Alabama School of Law.  Past law clerks have moved on to distinguished service with state and federal judges across Alabama, including Alabama Supreme Court Justices.        


Outside the office, Carol Ann enjoys spending time at her farm with her horses.  She serves on the Board of Directors for Opera Birmingham.  In her spare time, she is an avid reader of history and biographies.     


Selected Reported Cases


  • Hammett v. 46 Entertainment, Inc., 2021 WL 5040495 (N.D. Ala. 2021).
  • Daniels v. Wiley, 314 So. 3d 1213 (Ala. 2020).
  • Gray v. L.B. Foster Company, 761 Fed. App’x 871 (11th Cir. 2019).
  • Travelers Home & Marine Ins. Co. v. Gray, 171 So. 3d 3 (Ala. 2014).
  • Cooper v. Southwest Marine & General Ins. Co., 2014 WL 769394 (N.D. Ala. 2014).
  • American Family Life Assurance Co. of Columbus v. Parker, 92 So. 3d 58 (Ala. 2012).
  • W.G. Yates & Sons Const. Co. v. Zurich Am. Ins. Co., 2008 WL 161921 (S.D. Ala. 2008).
  • Philpot v. U.S. Fire Ins. Co., 236 F. App’x 575 (11th Cir. 2007).
  • Lloyd Noland Foundation, Inc. v. Tenet Health Care Corp., 483 F.3d 773 (11th Cir. 2007).
  • Canal Ins. Co. v. U.S. Fire Ins. Co., 216 F. App’x 917 (11th Cir. 2007).
  • Ash v. Tyson Foods, Inc., 190 F. App’x 924 (11th Cir. 2006).
  • FabArc Steel Supply, Inc. v. Composite Const. Systems, Inc., 914 So. 2d 344 (Ala. 2005).
  • Star Elec. Contractors, Inc. v. Stone Bldg. Co., Inc., 863 So. 2d 1071 (Ala. 2003).
  • Federal Ins. Co. v. Traveler’s Cas. & Sur. Co., 310 F.3d 707 (11th Cir. 2002).
  • Federal Ins. Co. v. Travelers Cas. And Sur. Co., 843 So. 2d 140 (Ala. 2002).
  • Birmingham Hockey Club, Inc. v. National Council on Compensation Ins., Inc., 827 So. 2d 73 (Ala. 2002).
  • Aetna Cas. & Sur. Co. v. Mitchell Bros., Inc., 814 So. 2d 191 (Ala. 2001).
  • Butero v. Royal Maccabees Life Ins. Co., 174 F.3d 1207 (11th Cir. 1999).
  • Calhoun v. Pennsylvania Nat. Mut. Cas. Ins. Co., 676 So. 2d 1332 (Ala. Civ. App. 1996).
  • Garikes, Wilson, and Atkinson, Inc. v. Episcopal Foundation of Jefferson County, Inc., 614 So. 2d 447 (Ala. 1993).
  • Harris v. Birmingham Hide and Tallow Co., Inc., 589 So. 2d 150 (Ala. 1991).
  • Wozny v. Godsil, 474 So. 2d 1078 (Ala. 1985).
  • Waites v. Toran, 411 So. 2d 127 (Ala. 1982).
  • Daughtry v. W. Railway of Alabama, 341 So. 2d 702 (Ala. 1977).


  • B.A., Birmingham-Southern College, magna cum laude, 1971
  • J.D., University of Alabama School of Law, 1975
  • LL.M, New York University School of Law, 1977


  • Alabama (1975)
  • U.S. District Court, Northern, Middle, and Southern Districts of Alabama
  • United States Court of Appeals for the Eleventh Circuit
  • Supreme Court of the United States

Professional Associations

  • Alabama State Bar
    • ABA Task Force on Bench-Bar Relations (Chair 2000-2001)
    • ABA Task Force on Diversity
    • ABA Task Force on Intra Bench-Bar Communication
  • Birmingham Bar Association (President, 1997)
    • Founding Member – Women’s Section of Birmingham Bar Association
  • Birmingham Bar Foundation (President, 1999-2000)
  • Alabama Defense Lawyers Association (President, 1997)
  • Alabama Pattern Jury Instructions Committee (Appointee, 2003-2009)
  • Alabama Law Institute
  • American Bar Association
  • American Bar Foundation
  • Defense Research Institute
  • Birmingham Inns of Court


  • Law Clerk to Alabama Supreme Court Justice James N. Bloodworth (1975-76)
  • Nina Miglionico ‘Paving the Way’ Leadership Award, given by the Women’s Section of the Birmingham Bar Association (2010)
  • Alabama Super Lawyers (2008-present)
  • Top 25 Women in Alabama, Super Lawyers (2008-09)
  • Best Lawyers in Birmingham, Birmingham Business Journal (2008)
  • Distinguished Alumni Award, given by Birmingham-Southern College (2002)
  • Walter P. Gewin Award for Outstanding Service to the Alabama Bench and Bar in Continuing Legal Education, given by the Alabama Bar Institute for Continuing Legal Education (1998)
  • Top 10 Women in Birmingham, Birmingham Business Journal (1997)


  • The Doctrine of Res Ipsa Loquitur in Alabama, 26 Ala. L. Rev. 433 (1974)
  • Associate Editor, The Alabama Lawyer (1986-1989)

Community Involvement

  • Lifelong Methodist 
  • Board of Directors of Opera Birmingham