Cases
Experience: Mr. Lewis has extensive experience managing
serving as trial counsel for a broad range of complex civil litigation, including extra-contractual litigation, business
commercial litigation, construction litigation, products liability, long term care
skilled nursing facility, professional malpractice, maritime
admiralty, community association law,
trucking
transportation cases
Representative Matters: Defended a school system in a case asserting a retaliation claim pursuant to Title VII of the Civil Rights Act of 1964
claims for alleged violations of her rights to equal protection
due process under the Fourteenth Amendment. Court granted Defendants' motion to dismiss on all causes of action. Harmon v. Cumberl
County Schools, (May 2016).
Defended wrongful death case involving a football player who collapsed at practice. Plaintiffs voluntarily dismissed the case following the depositions of the plaintiffs. Raines v. Cumberl
County Schools, Cumberl
County Superior Court, North Carolina (2016).
An insured entered into a limited
durable power of attorney allowing a body shop to pursue an action against an insurance company in his name in lieu of having to pay remaining amounts owed for repairs to his vehicle. The body shop filed suit against the insurer in the insured's name alleging breach of contract, bad faith,
unfair
deceptive trade practices. The court granted summary judgment in favor of the Defendant. Potts v. State Farm Mutual Automobile Insurance Company, Catawba County Superior Court (November 2015).
Defended a race discrimination case against a private school, principal,
assistant principal resulting in the jury being 9 to 3 in favor of the defendants. Robinson v. FCS, Cumberl
County Superior Court, North Carolina (September 2015).
Obtained summary judgment on a case against a property owner alleging violations of the Fair Housing Act, constructive eviction,
unfair
deceptive trade practices. Plaintiff then appealed to the United States Court of Appeals for the Fourth Circuit, which affirmed the federal court's decision. Barbara Armstrong v. Yopp Properties, LLC, United States District Court for the Eastern District of North Carolina, (July 2015).
Successfully argued a motion to dismiss Plaintiff's claims against an insurance company for breach of contract for failure to provide insurance, bad faith,
unfair
deceptive trade practices. Lavel Bailey v. State Farm Mutual Automobile Insurance Company, Wake County Superior Court, (May 2015).
Obtained jury verdict for insurer in a breach of contract case related to hail damage to numerous townhomes. Prior to trial, obtained summary judgment on the allegations for unfair
deceptive trade practices
bad faith. Prosperity Village Townhome Association, Inc. v. State Farm Fire & Casualty Company, United States District Court for the Western District of North Carolina (November 2014).
Defended an insurance agent sued for breach of fiduciary duty. Court granted Defendant's motion for summary judgment. Grazioli v. Dowdy, Brunswick County Superior Court, North Carolina (September 2014).
Successfully defended an insurance company in a breach of contract, bad faith,
unfair
deceptive trade practices case. The court granted Defendant's motion for judgment on the pleadings
dismissed the case. Hughes v. State Farm Mutual Automobile Insurance Company, (April 2014).
Obtained a defense jury verdict at trial on a breach of contract case related to boat damage from Hurricane Irene. Duncan v. State Farm Fire & Casualty Company, New Hanover County Superior Court, North Carolina (December 2013).
Represented insurer in defending counterclaims filed by insured in a declaratory judgment action. Obtained summary judgment on Defendant's counterclaims for bad faith
unfair
deceptive trade practices. Defendant appealed to the North Carolina Court of Appeals, but later dismissed his appeal. State Farm Mutual Automobile Insurance Company v. Gonzalez, Durham County Superior Court, North Carolina (December 2013).
Obtained jury verdict for insurer in a breach of contract case related to wind damage to a shopping mall. The case originally contained allegations for bad faith
unfair
deceptive trade practices, which were dismissed at summary judgment. Lenoir Mall, LLC v. State Farm Fire & Casualty Company, United States District Court for the Western District of North Carolina (September 2013).
Successfully argued for the Court to dismiss claims for breach of contract, unfair
deceptive trade practices,
breach of the covenant of good faith
fair dealing in a UIM claim against an insurer. Alma P. Bendrick v. State Farm Mutual Automobile Insurance Company, United States District Court for the Western District of North Carolina (March 2012).
Defended insurer on a lawsuit containing allegations for breach of contract
bad faith. Successfully argued for dismissal of bad faith cause of action. Alqolaq v. State Farm Fire
Casualty Company, United States District Court for the Western District of North Carolina, (April 2011).
Defended an insurance company in a subrogation case filed by another insurance company regarding potentially defective plumbing work. Both parties filed motions for summary judgment
the court granted summary judgment on behalf of the defendant. Plaintiff appealed the decision
the North Carolina Court of Appeals affirmed the judgment of the Superior Court. Alliance Mutual Insurance Company v. Guilford Insurance Company. (March 2011).
Obtained summary judgment on a case involving claims against a utility company for negligence
breach of contract. Plaintiffs appealed the case
the North Carolina Court of Appeals affirmed the judgment of the Superior Court. Andresen v. Progress Energy, Brunswick County Superior Court, North Carolina Court of Appeals (2010).
Judge granted directed verdict for defendant in a wrongful death care involving a motor-vehicle accident. Heyward v. Hudson, Onslow County Superior Court, (July 2010).
Obtained summary judgment on an insurer's behalf on a lawsuit filed by an insured regarding a fire at her home. Plaintiff filed suit against the insurer asserting claims for breach of contract
unfair
deceptive trade practices. Fulbright v. State Farm Fire & Casualty Company, United States District Court for the Western District of North Carolina, (October 2009).
Defended a yacht dealer in a case filed by a buyer alleging breach of contract
breach of warranty. A settlement agreement was executed by all parties, which did not require the dealer to pay any money to Plaintiff. Plaintiff later refused to dismiss his lawsuit
parties argued a motion to enforce the settlement agreement. The court granted Defendants' motion
Plaintiff appealed to the North Carolina Court of Appeals. The Court of Appeals affirmed the ruling of the Superior Court. Hardin v. Cape Fear Yacht Sales, New Hanover County Superior Court, North Carolina Court of Appeals, (September 2009).
Court granted summary judgment in insurer's favor on lawsuit filed by insured alleging breach of contract
bad faith related to a fire at Plaintiff's home. The court granted Defendant's motion for summary judgment
dismissed the case. Lanier v. State Farm Fire
Casualty Company, United States District Court for the Western District of North Carolina, (March 2009).
Successfully defended counterclaims by an insured against an insurer for reformation of contract, negligence,
misrepresentation. The court entered summary judgment in favor of the insurer. The insured appealed to the North Carolina Court of Appeals
the Court affirmed the Superior Court's decision. State Farm Mutual Automobile Insurance Company v. Gaylor, Rowan County Superior Court, North Carolina Court of Appeals, (May 2008).
Defended an insurer under a commercial insurance policy in a lawsuit asserting claims for breach of contract, bad faith,
unfair
deceptive trade practices related to h
ling of its claim for property loss. Successfully obtained summary judgment. Amatulli & Sons, LLC v. Great Northern Insurance Company, United States District Court for the Western District of North Carolina (January 2008).
Successfully defended a high profile negligence case involving a boat accident. Amerson v. Perdue, United States District Court for the Eastern District of North Carolina Eastern Division in Admiralty (November 2007).
Defended an insurer in a case alleging breach of contract
unfair
deceptive trade practices. Successfully obtained summary judgment for the insurer on all claims. Foster v. State Farm Mutual Automobile Insurance Company, (December 2005).
Obtained a no negligence verdict in a wrongful death case. Nickerson v. Hildenbr
, Onslow County Superior Court, North Carolina (2005).
Defended a mobile home sales company in a lawsuit filed by a purchaser alleging fraud, unfair
deceptive trade practices,
breach of warranty related to structural defects with the home. After settling the case with Plaintiffs, successfully obtained a judgment from the court against the home manufacturer. The home manufacturer appealed to the North Carolina Court of Appeals
the Court of Appeals affirmed the judgment of the lower court. Brode v. Sweetwater, Onslow County Superior Court, North Carolina Court of Appeals, (July 2005).
Defended three schools in three putative mold injury class action cases in which plaintiffs were seeking in excess of $35 million in damages. All three cases were dismissed after class certification was denied. Spearman v. Pender County Board of Education, Hairr v. Pender County Board of Education,
Zizzo v. Pender County Board of Education, Pender County Superior Court, North Carolina (2005).
Represented an insurer in a declaratory judgment action regarding enforcement of a policy exclusion. The court granted summary judgment in the insurer's favor. Defendant appealed the case to the North Carolina Court of Appeals
the Court affirmed the Superior Court's ruling. State Farm Mutual Automobile Insurance Company v. Foley, New Hanover County Superior Court, North Carolina Court of Appeals, (August 2002).
