Lewis

Scott is an active trial lawyer, with over 100 cases tried to verdict in both state and federal courts.  Scott is a member of our Commercial Litigation Practice Group, focusing on Insurance Bad Faith, Professional Liability, Municipal & School Liability and Construction Litigation.

• Commercial Litigation
• Professional Liability
• Insurance
• Catastrophic Events & Major Claims
• Construction & Building Products Litigation
• Tort, Transportation & Specialized Litigation
• Transportation & Trucking Rapid Response
• Trucking Litigation

• Mr. Lewis has extensive experience managing and serving as trial counsel for a broad range of complex civil litigation, including extra-contractual litigation, business and commercial litigation, construction litigation, products liability, long term care and skilled nursing facility, professional malpractice, maritime and admiralty, community association law, and trucking and 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 and claims for alleged violations of her rights to equal protection and due process under the Fourteenth Amendment.  Court granted Defendants’ motion to dismiss on all causes of action.  Harmon v. Cumberland 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. Cumberland County Schools, Cumberland County Superior Court, North Carolina (2016).
• An insured entered into a limited and 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, and unfair and 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, and assistant principal resulting in the jury being  9 to 3 in favor of the defendants.  Robinson v. FCS, Cumberland 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, and unfair and 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, and unfair and 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 and deceptive trade practices and 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, and unfair and deceptive trade practices case.  The court granted Defendant’s motion for judgment on the pleadings and 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 and unfair and 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 and unfair and 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 and deceptive trade practices, and breach of the covenant of good faith and 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 and bad faith.  Successfully argued for dismissal of bad faith cause of action.  Alqolaq v. State Farm Fire and 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 and the court granted summary judgment on behalf of the defendant.  Plaintiff appealed the decision and 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 and breach of contract.  Plaintiffs appealed the case and 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 and unfair and 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 and 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 and parties argued a motion to enforce the settlement agreement.  The court granted Defendants’ motion and 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 and bad faith related to a fire at Plaintiff’s home.  The court granted Defendant’s motion for summary judgment and dismissed the case.  Lanier v. State Farm Fire and 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, and misrepresentation.  The court entered summary judgment in favor of the insurer.  The insured appealed to the North Carolina Court of Appeals and 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, and unfair and deceptive trade practices related to handling 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 and unfair and 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. Hildenbrand, Onslow County Superior Court, North Carolina (2005).
• Defended a mobile home sales company in a lawsuit filed by a purchaser alleging fraud, unfair and deceptive trade practices, and 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 and 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, and 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 and 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).

• American Board of Trial Advocates
• Best Lawyers in America®
  • Lawyer of the Year, Litigation – Insurance (Wilmington, NC), 2021
  • Commercial Litigation, 2013- 2025
  • Insurance Law, 2012-2025
  • Litigation – Insurance, 2020-2025
  • Medical Malpractice Law – Defendants, 2013-2025
  • Personal Injury Litigation – Defendants, 2013-2025
• Fellow, American College of Coverage and Extracontractual Counsel (ACCEC)
• Business North Carolina, Legal Elite, 2007-2009, 2011-2012

• North Carolina, 1995
• U.S. District Courts
• North Carolina: Eastern, Western, Middle, Northern
• U.S. Court of Appeals
• 4th Circuit

• Wake Forest University, J.D., 1995
  • Moot Court Board, Best Oralist
• University of North Carolina, B.A., History, 1992
  • Morehead Scholar

• North Carolina Bar Association
• Federation of Defense and Corporate Counsel (FDCC)
• North Carolina Association of Defense Attorneys
• New Hanover County Bar Association
• Defense Research Institute (DRI)

• Presenter, ACI Insurance Coverage and Extra-Contractual Disputes seminar, Philadelphia, PA, Fall 2016.
• Presenter, “30(b) Testimony – Preparing Corporate Witnesses for Deposition and Trial,” ACI Extra-Contractual & Bad Faith Liability seminar, New York City, June 2016.
• Presenter, “Trial of a Bad Faith Case: Practical Tips from Both Sides on Opening and Closing Statements, Preparing and Examining Witnesses, Use of Expert Witnesses, Preserving Affirmative Defenses, and More,” ACI’s 32nd Installment Bad Faith Claims & Litigation conference, Miami, Florida, November 2015.