R. Gregory Lewis - Vernis & Bowling

R. Gregory Lewis, Esq.
Managing Attorney
Vernis & Bowling of Charlotte, PLLC 4601 Park Road, Suite 580 Charlotte, NC 28209
Phone: (704) 910-8162
Email: GLewis@NCarolina-Law.com
Fax: (704) 910-8163
Website: www.national-law.com
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Verdicts and Dispositions

Estate of Pooley by Bissette and Weller vs. Eagles Enterprise LLC
R. Gregory Lewis (Charlotte, NC)(Dram Shop/Automobile Liability) obtained Summary Judgment for an LLC convenience store. Two lawsuits were filed involving a one-car collision resulting in the death of one passenger and catastrophic injuries to another passenger, following the sale of alcohol to an underage individual.

Plaintiffs alleged on the night prior to the date of loss, a group of 18-year-olds formulated evening plans to attend a house party, and purchased alcohol along the way. Plaintiffs alleged the group went to the Defendant LLC convenience store, because its clerks had a reputation of selling alcohol to persons under the age of 21, and that in fact the store personnel “loved” one of the female individuals. Two of the young women allegedly entered the store, purchased several cases of Truly Hard Seltzer with money contributed by the group, and all went to the house party where they (among others) consumed the alcohol. Close to midnight, the operator of the vehicle advised that she was leaving the party to get home prior to curfew, and took Plaintiff Bissette’s decedent son Pooley, Plaintiff Weller, and three others to a park where Weller had left his car. A 3rd young woman in the group advised that she was not impaired, although had been observed consuming alcohol that night, and that she could drive Weller’s vehicle. Shortly after midnight, that driver caused the car to leave the roadway, over-corrected, and the vehicle crashed into stationary objects. Two individuals were ejected from the vehicle, one (Pooley) was pronounced dead at the scene, the other (Weller) survived with critical injuries, and two others sustained significant injuries. The driver was the only occupant wearing a seatbelt. Plaintiffs in both lawsuits sued the driver, the individuals that allegedly purchased the alcohol, and the LLC convenience store, alleging common law negligence against all Defendants, gross negligence on the part of the driver, and Plaintiff Weller asserted a Dram Shop action against the LLC convenience store.

The Defendant LLC convenience store moved for Summary Judgment in both lawsuits. North Carolina has a 2-year Dram Shop Act statute of limitations. Both sets of Plaintiffs filed their action after the expiration of the limitation period. Plaintiff Weller admitted at the Summary Judgment hearing that the limitation period had expired, and voluntarily withdrew that claim. The N.C. Dram Shop Act provides for a cause of action for the sale to an underage person proximately resulting in harm to others, and for the sale of alcohol to someone the alcohol permittee knew or should have known was impaired and likely to cause harm to himself/herself or others. Both sets of Plaintiffs argued that there is, however, a common law negligence cause of action against the alcohol permittee.

The LLC convenience store’s defense counsel, Greg Lewis, a former law clerk to the Chief Judge of the North Carolina Court of Appeals, refuted that argument by citing a case with substantially similar facts arising from a single-car accident in 1993. In that case, a young man under the age of 21 had, over the course of an evening, made several trips to a local ABC store to purchase liquor, and to a local convenience store to purchase malt beverages, all for consumption by youth that were at a local teen spot. At some point in the evening, the youth in attendance decided to go to a house party, and the alcohol purchaser, along with 3 other individuals were driving to the party, with the purchaser driving the car of one of the occupants. Along the way, the car left the roadway, impacted a tree, and burst into flames, killing all of the occupants. The estate of the vehicle owner, a passenger at the time of the accident, sued the convenience stores under the NC Dram Shop Act. The trial court granted Summary Judgment to the defendant alcohol permittees, and the N.C. Court of Appeals affirmed, holding that the Plaintiff’s decedent, in aiding and abetting the driver in the purchase of alcohol, was not an aggrieved party within the meaning of the Dram Shop Act. The estates of two of the passengers filed suit against the owner of the vehicle, the driver, and the two alcohol permittees (ABC and convenience stores). The permittees moved for Summary Judgment, which was allowed. As with the current cases, the Plaintiffs in these two lawsuits filed their action after the expiration of the statute of limitations, and could only maintain a common law negligence action against the permittees. The trial court, based upon the case law provided by the moving defendants, granted Summary Judgment for the permittees.

On appeal of one of the Plaintiffs, the Court of Appeals affirmed Summary Judgment for the permittee defendants and Plaintiff sought discretionary review by the Supreme Court of North Carolina, which was granted. The Supreme Court held that the Dram Shop Act did not afford the Plaintiff the right, having missed the limitations period, to argue sale of alcohol to someone under the age of 21. The Supreme Court went on to hold that Summary Judgment was proper, in that there was no evidence of sale to someone the permittees knew or should have known was impaired and likely to produce foreseeable harm as a result. Further, a common law negligence claim cannot be supported where defendants merely sold alcohol to someone later found to be underage. Such was the case with the Estate of Pooley and Weller lawsuits. The evidence would show only that two young women purchased alcohol, with no evidence that they (or anyone in the vehicle) had consumed alcohol prior to the purchase, and no evidence that the permittee should have foreseen potential harm. Accordingly, the trial court granted Summary Judgment for the LLC convenience store, and the time for appeal has not run. Mr. Lewis, whose practice includes alcohol liability cases, was very familiar with the law in this area, as he had defended on behalf of the ABC permittee the lawsuits filed as a result of the 1993 accident, having argued the Summary Judgment motions in 1996, argued before the Court of Appeals in 1997, and before the North Carolina Supreme Court in 1998.
Sessoms v. Town of Denton
R. Gregory Lewis (Charlotte, NC) (Government Law) obtained Summary Judgment on behalf of a municipality and police officer in Superior Court, Davidson County, NC.

Plaintiff alleged she sustained substantial injuries resulting from a motor vehicle accident, where the Defendant was fleeing from law enforcement in what Plaintiff’s counsel contended was a reckless, high-speed chase. The evidence tended to show that the municipality’s Mayor received a call from a citizen, reporting a vehicle was traveling recklessly through the Town. The Mayor alerted the Chief of Police, who dispatched a traffic officer. In searching for the vehicle, the officer was alerted by a witness, who pointed out a vehicle in a convenience store parking lot that the witness had observed traveling recklessly. The officer entered the store parking lot, and subsequently observed the vehicle operator pull up to the exit of the parking lot, “gunned” his engine several times, and sped off down the road. The officer gave chase with blue lights and siren engaged, although his dash cam never showed the fleeing vehicle until it was involved in collisions in the distance. The Defendant driver had attempted to pass a truck pulling a landscape trailer, collided with the trailer, causing the truck to veer left-of-center, colliding head-on with Plaintiff’s vehicle. The Defendant left the scene, but was apprehended a short distance away after his car broke down and he attempted to flee on foot. The Defendant had 5 DWI convictions in the 10 years prior to this accident, and his license had been revoked 4 years prior. The truck driver died as a result of the accident, and Defendant was charged with Felony 2nd Degree Murder, Aggravated Felony Death by Vehicle, two counts of Aggravated Felony Serious Injury by Vehicle, Felony Habitual Impaired Driving and Felony Eluding Law Enforcement, and was sentenced to 15+ years. In joining the municipality and traffic officer as Defendants, Plaintiff alleged that the officer was negligent, grossly negligent, and wantonly negligent in engaging in a high-speed chase through the Town, and that the municipality was negligent by operation of law (respondeat superior) in that the officer was in the course and scope of his employment with the Town.

Plaintiff’s counsel argued in opposing Defendants’ motion for Summary Judgment that the officer’s actions were reckless, and had he not been chasing the reckless driver, the accident would likely not have happened. In support of Summary Judgment, defense counsel argued the motor vehicle laws regarding speed restrictions shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, absent reckless disregard for the safety of others. Defense counsel, a former law clerk for the Chief Judge of the North Carolina Court of Appeals, offered a case factually on point, where a citizen called 911 to report a vehicle being operated recklessly, the vehicle was subsequently pointed out by another citizen to the investigating law enforcement officer, who then gave chase at speeds between 80-103 mph, with the eluding driver subsequently causing a collision with a 3rd party. Plaintiff in that case sued the officer and the municipality, and the trial court granted Summary Judgment. Upon review, the Court of Appeals unanimously affirmed, and the Supreme Court of North Carolina denied discretionary review. Based upon the case law as presented here by defense counsel, the trial judge granted Summary Judgment and Plaintiff appealed. After preparing and settling the Record on Appeal, Plaintiff’s counsel did not timely file the Record with the court, and subsequently advised that Plaintiff was abandoning the appeal.
Hixon v. Brown
R. Gregory Lewis (Charlotte, NC)(Auto Liability) obtained a Defense Verdict on behalf of client GEICO in a 3^rd party motor vehicle negligence liability action brought by Plaintiff against GEICO’s insured in a jury trial that took place in Asheville, North Carolina (Greg’s hometown). Plaintiff alleged that Defendant failed to keep a proper lookout and failed to reduce speed to avoid colliding at 45 mph with the rear of a vehicle that was pushed into the rear of Plaintiff’s vehicle which was a total loss. Plaintiff alleged as a result she suffered a cervical herniation, thoracic sprain, and exacerbation of a pre-existing lumbar herniation, requiring EMS and ER treatment the day of the accident. She returned to the ER 5 days later complaining of abdominal pain. She next retained counsel, who referred her for chiropractic care and subsequently Plaintiff was referred by her attorney to a pain management doctor, who performed multiple cervical epidural steroid injections, and a cervical radiofrequency ablation. The pain management doctor testified as an expert for Plaintiff and causally related all of the treatment over the course of 2 years, and approximately $60k in associated medical expenses (all of which were subject to liens and letters of protection). He forecast future medical expenses (unspecified) for continuing care and a spinal cord stimulator. Defendant alleged that she suffered a syncope episode where she passed out while driving on her way to get takeout dinner after she and her husband had been painting a bathroom all day. North Carolina recognizes a defense of sudden incapacitation. Regarding damages, the defense obtained an independent medical record review by an orthopedic surgeon, who opined that “Giving her the benefit of the doubt, Plaintiff suffered a Grade 1 cervical strain that would have resolved without treatment.” He testified that based on her medical and psychological history, the jury could consider symptom magnification, exaggerated pain behavior, and secondary gain. He further testified she “has the capacity to really falsify and be inaccurate on her interpretation of life and what’s going on” and has “the capacity to also alter reality.” The jury deliberated for 2.5 hours.

Pre-suit & mediation demand: $100k (policy limit)
Verdict: $7,676.00 (EMS & ER charges)

Based upon the cost-shifting provision of North Carolina’s Offer of Judgment statute, Plaintiff’s judgment for principal, interest, and pre-Offer costs (total of $9175.94) will be offset by Defendant’s costs ($7308.31), with a net to Plaintiff of $1867.63. Plaintiff’s unrecoverable costs, exclusive of the $60k liens, are in excess of the recovery amount.
Lester Petchenik vs. Jordy Ceron-Michua & Sabrina Cagle
Greg Lewis (Charlotte, NC) (Auto liability) obtained a Defense Verdict in favor of Underinsured motorist carrier Allstate Insurance Company in the case of LESTER PETCHENIK vs. JORDY CERON-MICHUA & SABRINA CAGLE in Henderson County, Hendersonville, NC. Plaintiff was a passenger in a vehicle operated by his wife when it was rear-ended first by underinsured motorist Ceron-Michua, and almost immediately afterwards, co-Defendant Cagle rear-ended Ceron-Michua, whose vehicle impacted Plaintiff’s vehicle again. Plaintiff’s post-MVA medical history is significant for a lack of medical documentation referencing the MVA or cervical complaints for approximately 90 days, despite his testimony that his neck hurt immediately following the two impacts, that he delayed treatment due to traveling to California to see his son the day following the MVA, and an alleged (undocumented) visit to his VA PCP in the interim, wherein he alleges she referred him to an orthopedist “but the VA didn’t produce the record of that visit because that’s how the VA is.” The first mention of the MVA in a medical record was 7 months post-accident.

Despite no significant conservative treatment, at that time a neurosurgeon discussed and Plaintiff elected to proceed with a C-4 ~ C-6 discectomy with allograft arthrodesis and C-6 bilateral foraminotomies. Later that month, he had an additional procedure for complications from the arthroscopy (throat hematoma causing difficulty swallowing). Plaintiff complained of chronic neck pain and radiculopathy following arthroscopy. Plaintiff’s past medical history was significant for two purple heart Vietnam “war wounds” with a recent amputation of his left foot, Agent Orange exposure, multiple lumbar surgeries for DDD, and a prior cervical fusion at C6-7 in 1998. He had multiple falls in the years leading up to the MVA, and most significantly reported cervical radiculopathy with bilateral numbness in the middle 3 digits when turning his head to the right. At the time of the MVA, he was on 90 mg of morphine daily due to intractable pain from his back and other unrelated conditions.

Special damages: boardable medical expenses of $25,000.00, and no wage loss (retired). General damages: permanent injury to the cervical spine with “life altering” symptomatology despite arthroscopy, and minimal scarring from arthroscopy. Negotiation history: Pre-suit tender of $30,000.00 by the underinsured motorist’s liability carrier. At mediation, the lowest demand was $25,000.00. The co-Defendant offered $3,000.00, and UIM offered $1,000.00. The jury entered a Defense Verdict following a 3-day trial and 2 hours of deliberation, finding Plaintiff was not injured by the negligence of either motorist. Costs were taxed to Plaintiff.
Tonya Smith vs. Caroline DeChant and Sheila Hill
R. Gregory Lewis (Charlotte, NC) (Automobile Liability) obtained a Defense Verdict in an automobile liability case. Plaintiff filed suit alleging that she was injured in two motor vehicle accidents that occurred on December 21, 2018. Defendant Hill rear-ended a rented vehicle operated by Kelvin Smith (Plaintiff’s then-husband) and in which Plaintiff was a passenger. Plaintiff did not report injury at the scene, and she and her husband went to a rental agency and exchanged the rental car due to minor rear-end damage. Plaintiff returned home, and later that evening drove with her husband to a restaurant for dinner. Upon leaving the restaurant, operator Kelvin Smith stopped at an intersection at a red light, intending to turn right. He admitted at trial that he began the turn, but stopped in the intersection for an approaching vehicle. Defendant DeChant had stopped her vehicle behind Smith’s at the light, and seeing him begin his turn, looked left to see if the way was clear, and began a right turn, running into the back of Smith’s vehicle, which DeChant testified came to a “sudden, suspicious stop for no apparent reason, as there were no cars approaching.” Property damage was minor. Plaintiff, again a passenger, reported no injury to the investigating officer, and did not seek medical attention until the following day when she reported to a local hospital, complaining of neck and low back pain. Plaintiff sought further care from her PCP and an orthopedist, who ordered physical therapy. Plaintiff subsequently was referred to an orthopedic surgeon who diagnosed right rotator cuff impingement syndrome and cervical degenerative disc disease. Medications, physical therapy, and cortisone injections proving ineffective in alleviating subjective complaints, Plaintiff underwent an arthroscopic procedure. Defendant obtained an independent medical review, and the orthopedic expert testified that Plaintiff suffered no injury from either car accident, in that there was no objective evidence on examination or diagnostic scans of any acute traumatic condition. He testified that her conditions were all degenerative and age-related, probably exacerbated by her job duties, and supported by the fact that she had bilateral shoulder degeneration. The jury deliberated for an hour and 15 minutes before returning a verdict, finding that the Plaintiff had not been injured by the negligence of either Defendant.
Nelda Daniels, Administrator of the Estate of Max Daniels vs. Susan Flow
R. Gregory Lewis (Charlotte, NC) (Automobile Liability) obtained a favorable result in Mecklenburg County in the case of Nelda Daniels, Administrator of the Estate of Max Daniels vs. Susan Flow.

Plaintiff filed suit in August 2018 alleging her decedent husband (then 69 years old) had been injured in a car accident on August 18, 2015 wherein Defendant turned left into the path of the approaching Plaintiff resulting in a 2nd collision between decedent’s vehicle and a 3rd party vehicle. Liability was accepted. Property damage was substantial, with both parties being injured, and Defendant transported by EMS to the local ER. The decedent was treated for an elbow laceration at the scene, denied EMS transport, and was seen later that day at an Urgent Care for elbow and neck pain. He was seen 6 days later by his PCP complaining of left elbow and bilateral knee pain, as well as post-concussion syndrome. He was referred to an orthopedic surgeon by his attorney at 9 days post-MVA. A subsequent MRI revealed a torn medial meniscus and chondromalacia. One week later he was seen by the ortho to discuss the knee MRI findings, and also complaining of the left elbow and shoulder. A subsequent shoulder MRI revealed a SLAP tear with mild acromioclavicular and glenohumeral degenerative changes. At 2.5 months post-MVA, he had a right knee arthroscopic partial medial meniscectomy and chondroplasty, and 17 days later had a right shoulder arthroscopic subacromial decompression, distal clavicle resection, and rotator cuff debridement. Following surgery, Plaintiff underwent physical therapy and was discharged as to the knee at 5 months post-MVA, and 2 months post-surgery. Plaintiff was discharged at 6.5 month post-MVA (3.5 months post-surgery) at which time the testifying orthopedic surgeon stated he had made “good to excellent recovery, had no limitations, an expectation that residual pain from the surgery would improve, and that he need only return if needed.” Approximately 27 months later, the decedent died at age 72 from COPD, peripheral vascular disease, chronic obstructive pulmonary disease, end stage ischemic cardiomyopathy, and acute renal failure. Plaintiff Administrator/wife testified that he had substantial limitations following his injuries, never fully recovered, couldn’t engage in and enjoy previous activities of daily living, became depressed, and “never was right again until he died.” There was no evidence nor contention that the MVA contributed to his death. The treating orthopedic surgeon testified that “in worker’s compensation, he would get a 2% rating to the knee, and 10% to the shoulder,” but “I don’t want to be held accountable for that.”

The decedent’s past medical history was negative for knee joint and shoulder joint complaints. His past history was positive for COPD, and it was documented that Plaintiff had refused for years the instruction to quit smoking. Plaintiff had uncontrolled diabetes (refused medication and diet adjustment), uncontrolled hypertension (refused medication and weight reduction), two prior heart attacks, and a quintuple coronary bypass. Plaintiff also suffered from ongoing bilateral leg and buttock claudication (deep muscle pain). The medical record from his cardiologist 1 month prior to the MVA documented by history that he was no longer walking for exercise, not golfing extensively, unable to walk uphill due to claudication, as well as weight gain, anxiety and depression (which was chronic and uncontrolled per prior records). The medical record from his PCP 2 weeks prior to the MVA documented that he was unable to golf due to pain, numbness and weakness in the legs. This directly conflicted with the Administrator wife’s testimony that he had not suffered any of these subjective symptoms prior to the MVA. Plaintiff’s testimony also conflicted regarding post-MVA activities, in that she testified that he could no longer do the things he loved, such as taking care of the car and yard work, in that the PT records noted he had waxed the car and had done yard work without complications.

Jury demand: $175k. Plaintiff’s counsel attempted “reptile theory” tactics that were diffused with proprietary methods of response. Plaintiff dismissed the claim for medical expenses (approximately $12,000) and did not offer evidence of same, only claiming pain and suffering and permanent injury through the date of decedent’s death. NC does allow a “survivor’s action,” preserving the right to bring a bodily injury claim, including pain and suffering and permanent injury, by the personal representative.

Verdict: $18k, following 2.5 days in trial and 2.5 hours deliberation. The verdict with addition of pre-judgment interest and costs was not in excess of the Offer of Judgment served early in the litigation, and therefore Defendant’s post-Offer costs will be taxed to Plaintiff.

Areas Of Practice

Appellate Practice
Automobile Liability (PIP/PD/BI/UM)
Bad Faith/Extra Contractual Litigation
Condominium and Homeowners' Association Litigation
Construction and Construction Defect Litigation
Coverage & Declaratory Judgment Actions
Cyber Security & Data Privacy
Director & Officer Liability (D&O)
Employment Law/Employment Litigation
Errors & Omissions Liability (E&O)
First and Third Party Property and Casualty Claims
Garage and Garagekeepers Liability
General Civil Litigation
Liquor Liability
Mediation and Alternative Dispute Resolution
Negligent Security
Premises Liability
Product Liability
Professional Liability/E & O
SIU/Suspicious & Fraudulent Claims
Trucking
Unfair Trade Practices Cases
Uninsured/Underinsured Motorist Liability
Wrongful Death

Bar & Court Admission

North Carolina Bar, 1990
Mecklenburg County Bar
North Carolina Bar Associations
North Carolina Association of Defense Attorneys
North Carolina Supreme Court
North Carolina Court of Appeals

Education

Graduate:
North Carolina Central University, J.D., 1990
Honors:
President, Phi Delta Phi Legal Fraternity; Vice-President, Student Bar Association
Undergraduate:
The University of North Carolina at Chapel Hill, B.S., 1986

Representative Case

Estate of Mullis v. City of Monroe Alcoholic Beverage Control, et.al., 349 N.C. 196 (1998).
Allstate Insurance Company v. Chatterton, 135 N.C. App. 92 (1999).
River Run Ltd. Partnership & River Run POA v. Equus Merda, et.al., 710 S.E. 2d 708, discretionary review denied 365 N.C. 203, (2011).

Distinguised Peer Review Rated by Martindale-Hubbell

An Asheville, N.C. native, Greg obtained his undergraduate degree from The University of North Carolina at Chapel Hill, and his law degree from North Carolina Central University. He is a trial and appellate attorney, and his practice includes tort litigation, insurance law and coverage issues, first party claims, construction defect, professional liability, premises liability, employment and employment related practices, products liability, SIU/fraud, trucking liability and appellate practice. Greg also has extensive experience utilizing methods of alternative dispute resolution, and has been approved by the NC Dispute Resolution Commission as a certified Superior Court Mediator.

Greg has substantial experience in representing individuals, domestic and international corporations, and governmental entities. He has counseled clients, including pre-litigation consultation and claim evaluation, in focused areas including dramshop/alcohol liability, veterinary malpractice, “bad faith” and unfair/deceptive trade practices. Licensed to practice law in 1990, Greg has tried over 200 cases to verdict in the District and Superior Courts of North Carolina, and has appeared multiple times at the appellate level as lead counsel before the Supreme Court of North Carolina, as well as the North Carolina Court of Appeals, where following law school he served as Research Assistant to former Chief Judge R. A. “Fred” Hedrick.

Mr. Lewis is a member in good standing of the North Carolina State Bar and the Mecklenburg County Bar, as well as the North Carolina Bar Association and North Carolina Association of Defense Attorneys. Greg is also approved as an instructor by the State of North Carolina Department of Insurance. Greg is frequently a speaker for continuing education courses for attorneys and clients.

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