Representation of professionals in a wide variety of professional malpractice matters from inception through dispositive motions and trial, with a specific focus on claims against attorneys, accountants, dentists, health-care professionals, allied health care professionals, and skilled nursing facilities and adult care homes (SNF/LTC), architects, engineers, and surveyors, commercial and residential property appraisers, escrow officers, insurance agents and brokers.
Luke’s specific professional malpractice experience includes the following:
Representation of numerous dentists in dental malpractice litigation and disciplinary matters before the North Carolina Dental Board and in medical malpractice actions relating to alleged standard of care violations, including improperly placed prosthetics, injury and death claims following general and endodontic care and surgery, and failure to detect caries and recommend appropriate treatment plans. Luke also has experience assistant dentist obtaining licensure by credential for non-admitted dentists seeking admission to the practice of dentistry in North Carolina.
Obtained Order granting client’s motion to dismiss pursuant to Rule 12(b)(6) in 2.1 Complex Litigation Matter regarding plaintiff-investors’ claims against real estate appraiser for negligence, civil conspiracy, breach of third party beneficiary contract, and violations of the State Mortgage Lending Act, in professional malpractice against appraiser for damages arising out of purchase of coastal North Carolina lots.
Obtained dismissal of lawsuit against Atlanta lawyer and law firm arising from alleged breach of contract and breach of fiduciary duty in connection with law firm’s failure to re-pay financier of personal injury litigation
Obtained summary judgment on behalf of structural engineer in federal court action alleging design defect and delay damages of $20,000,000 arising out of multiple failed structural elements of multi-unit condominiums in New Bern, North Carolina. This case involved over seventy five depositions and the production and analysis of over one million documents. This case was affirmed on appeal.
Obtained summary judgment for multiple physicians sued for “deliberate indifference” to incarcerated inmates’ civil rights under 42 U.S.C. 1983 and Bivens v. Six Unknown Named Agents
Representation of civil engineer in professional malpractice action alleging failure to obtain state Department of Transportation highway approval for hollow-core slab bridge allegedly causing delay damages in excess of $3,000,000 arising out of developer’s inability to market eighty four (84) acres platted for residential sub-division.
Obtained dismissal of professional malpractice civil action against lawyer arising from alleged failure to satisfy tax lien during the closing of a real estate transaction, allegedly resulting in the subordination of Plaintiff’s Deed of Trust to first priority tax lien.
Representation of a law firm and lawyer as escrow agents in federal court action seeking damages in excess of $100,000,000 arising from alleged fraud scheme and numerous violations of state and federal racketeering, fraud, and conspiracy laws.
Arbitration of claim against North Carolina adult care home arising out of alleged third party rape of resident at facility.
Representation of pharmacist and national pharmacy chain in connection with medical malpractice allegations arising from overdosing of patient resulting in permanent injuries to patient.
Representation of licensed social worker in connection with allegations of sexual molestation of resident patient under control of local state area authority allegedly causing patient’s suicide.
Commercial and Premises Litigation
Lead counsel in trial of 2.1 Complex Litigation Case in Jackson County (Sylva), North Carolina, Superior Court of claims of condominium-unit controlled owners’ association against declarant-developer for breach of fiduciary duty, breach of implied warranty of habitability, and negligence arising out of alleged systemic construction and design defects in twenty two (22) condominium units. Plaintiff sought a final judgment in excess of $7,000,000.00 and the jury considered sixteen issues, including the North Carolina Real Property statute of repose and exceptions to the applicability of the statute of repose based on equitable estoppel.
Lead counsel obtaining complete defense verdict of claim against client for negligence and breach of contract arising out of client’s upfit and renovation of PGA Tour Bus and delivery of bus to Florida following fire destroying bus en route to Florida. This case involved issues of Georgia law and defenses to breach of contract based on impossibility of performance and frustration of purpose.
Lead counsel obtaining complete defense verdict of breach of contract and contractual indemnity action against client arising out of client’s employment contract with plaintiff.
Trial to complete defense verdict of claim for breach of breach of implied warranty of habitability and negligence arising out of alleged construction defects and personal injury at apartment complex.
Lead counsel in trial to verdict of roll-over of Cushman ATV defending allegations of negligent warnings, negligent training, supervision, and failure to warn.
Lead counsel in trial to verdict of personal injury action arising out of failed furniture at restaurant.
Lead counsel obtaining summary judgment on behalf of owner of sports stadium in connection with lawsuit against owner of stadium arising out of blinding incident in which patron blinded from baseball striking patron in eye.
Lead counsel representing officer of North Carolina company in the North Carolina Business Court sued for allegedly committing numerous business torts and violations of federal and state racketeering and securities laws in connection with an alleged Ponzi Scheme defrauding approximately thirty plaintiffs of $17,000,000.00.
Lead counsel representing industrial boiler manufacturer in the United States District Court for the Middle District of North Carolina in connection with allegations of breach of contract, breach of warranty, fraud, unfair and deceptive trade practices, and punitive damages seeking a recovery of $1,200,000.00 arising out of our client’s alleged supply of two defective commercial boilers to one of the world’s largest carpet manufacturers.
Representation of Taiwanese manufacturer in the United States District Court for the Western District of North Carolina achieving dismissal of Plaintiffs’ claims for the defective manufacture of a bicycle chain sprocket due to lack of personal jurisdiction over the client in the North Carolina federal courts.
Representation of an industrial designer in the United States District Court for the Western District of North Carolina in connection with a commercial fire subrogation lawsuit seeking damages of $800,000.00 arising out of a commercial electrical fire in a paint spray booth.
Representation of an international manufacturer of cast polypropylene films in the United States District Court for the Western District of North Carolina in connection with Plaintiff’s claims of improper design of film, breach of contract, and breach of warranty resulting from our client’s supply of allegedly defective automobile transit tape causing tape melt on several thousand new automobiles and alleged damages of $800,000.00.
Representation of numerous manufactures, component part manufacturers, distributors, retail sellers, and individuals in connection with the defense of a wide-variety of product liability lawsuits arising from diverse industries including textiles, plumbing, refrigeration, residential propane gas equipment, construction, and recreational and sporting equipment.