Patrick J. Fogarty

One Wachovia Center

301 S. College Street, Suite 2300

Charlotte, NC 28202

704.342.5339 (Direct)

704.342.5264 (Fax) 

pfogarty@poynerspruill.com

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Areas of Practice

Commercial Litigation, Insurance Coverage, Product-related Torts, Professional Malpractice Defense

Education 

J.D., Fordham University, 1986

B.A., Cornell University, 1983

Profile

Pat has a wide range of experience representing clients such as design and manufacturing companies, physicians and hospitals, construction companies, and insurance companies in general business litigation matters in both federal and state courts, and has also assisted clients at the appellate level. His experience includes defense of cases involving multimillion dollar claims for commercial losses, breach of employment covenants, as well as catastrophic personal injury and wrongful death. Additionally, his practice includes risk and crisis management such as coordinating pre-suit investigation, gathering evidence, obtaining testimony, attending OSHA hearings and retaining technical experts for companies.

Recent Cases of Note

In Re Pedestrian Walkway Failure (Mecklenburg County)

  • Lead liability defense counsel for Fortune 500 motorsports company in one of the largest mass tort matters in North Carolina

American Home Assurance Co., et al, v. Wells Fargo, et al (Forsyth County)

  • Lead defense of alarm company in claim to recover $81 million for property and product damage at a North Carolina tobacco facility

Representative Experience

Counsel and defense of President and Chief Operating Officer of Fortune 500 Company regarding punitive damages, negligent design and failure to warn. Advise client of proactive measures to reduce risk and future exposure to liability.

Represent major brokerage company in product liability litigation concerning both product and insurance coverage questions.

Lead defense counsel of environmental engineering company in construction litigation.

Lead attorney for manufacturing client in defense of claims arising out of asbestos exposure.

Defense of national manufacturer of boats, boat engines and controls in cases involving personal injury and property damage on navigable waters.

Professional/Community Activities

North Carolina Bar Association, Litigation Section Council, 2006 2009

American Arbitration Association, Panel of Arbitrators, Member

North Carolina Association of Defense Attorneys, Member

Mecklenburg County Bar Association, Member

New York Bar Association, Member

Massachusetts Bar Association, Member

District of Columbia Bar Association, Member

American Bar Association, Member

Notable Accomplishments

Recognized in Business North Carolina Magazine's "Legal Elite"  (Litigation), 2007

Publications

"Product Warnings: Manufacturers Beware," The Business Journal, January 31, 2002

"Manufacturers Can Curb Threat of Product Liability", The Business Journal, April 13, 2001

Prior Legal Experience

Partner, Parker Poe, Adams & Bernstein L.L.P., Charlotte, NC, 1998 – 2004

Fogarty & Fogarty, P.C., Mineola, NY, 1985 – 1998

Unites States Attorney’s Office, Southern District, NY, Jan. 1985 – May 1985

Jurisdictions Licensed  

North Carolina, the District of Columbia, Massachusetts, New York, the U.S. Supreme Court