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Areas of Practice
Civil Litigation, including Plaintiff's
Personal Injury and Insurance Defense, Land Condemnation, Products
Liability, and Commercial Litigation
Education
J.D.,
University of Georgia, 1995
B.S., Duke
University, 1990
Profile
Tim is a partner in the firm’s litigation
section and has over ten years of experience in the courtroom. He has served
as lead counsel in jury trials in over a dozen counties in Eastern North
Carolina and has also argued before the North Carolina Court of Appeals and
the North Carolina Supreme Court. Tim focuses his practice in the areas of
tort and insurance litigation, including insurance defense and coverage,
products liability, and major plaintiff’s personal injury and wrongful
death. Tim also practices in the area of commercial and real property
litigation, including contract disputes and land condemnation. Tim has been
with Poyner & Spruill since 1997.
Recent Cases of
Note
Nash-Rocky Mount Board of Education v. Life United
Pentecostal Church (2007).
- Won $1,250,000 settlement in land condemnation
action where church had been offered only $720,000 prior to suit, also
litigating the authority of the Board of Education to take and condemn
the church property under the Religious Land Use and Institutionalized
Persons Act.
Evert v. Lake Toxaway Country Club, Inc. (2006).
- Won $5,900,000 settlement in case involving
anoxic brain injury to a four-year old child, suffered in a
near-drowning accident in a swimming pool that had not been properly
maintained.
Herring v. Food Lion, LLC, 360 N.C. 472, 628 S.E.2d 761 (2006).
- Won unanimous Supreme Court decision reinstating
directed verdict for Food Lion in premises liability action, following
trial and intermediate appeal.
Rauch v. Urgent Care Pharmacy, Inc., 178 N.C. App. 510, 632 S.E.2d 211
(2006).
- Successfully defended pharmacy and its owner in
mass tort actions arising out of allegedly contaminated compounded
medication.
State ex rel. Cooper v. Ridgeway Brands Manufacturing, 646 S.E.2d 790, 2007
N.C. App. LEXIS 1613 (2007).
- Represented cigarette manufacturer and its owner
in action brought by the State of North Carolina to recover escrow
deposits due under the Master Settlement Agreement, for violation of the
North Carolina Unfair and Deceptive Trade Practices Act, and for civil
conspiracy.
Professional and
Community Activities
Permanent Member, Fourth Circuit Judicial
Conference
North Carolina Association of Defense
Attorneys
Eastern North Carolina Inn of Court
North Carolina Bar Association
Nash-Edgecombe Bar Association
Chair of Board of Trustees, First United
Methodist Church
Notable
Accomplishments
Charter Corps Member, Teach for America, 1990 - 1992
Prior Legal
Experience
Law Clerk to Chief Judge James C. Fox, United States
District Court, Eastern District of North Carolina, 1995 - 1997
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