Tim has over twenty years of experience in the courtroom. He has served as lead counsel in jury trials in more than fifteen counties in Eastern North Carolina and has litigated cases in nearly every county in Eastern North Carolina and in the United States District Courts for the Eastern and Middle Districts of North Carolina. He has also argued multiple cases before both the North Carolina Court of Appeals and the North Carolina Supreme Court.
In the last fifteen years Tim has tried many cases for landowners against condemning authorities in eminent domain matters involving total or partial takings for new highway construction, gas line and power line easements, urban redevelopment, and other public purposes.
Areas of Focus
+Eminent Domain & Condemnation
Atlantic Coast Pipeline (2017-2018) – Represented more than 50 individual North Carolina landowners along the entire route of this major new interstate natural gas pipeline, resolving all cases for both much greater compensation, and much more favorable easement terms, than had been offered to clients.
North Carolina Department of Transportation v. Leslie Clinton Collins (2016) – Represented owner/operator of Collins Boating in Smithfield in trial regarding just compensation owed for DOT’s taking of new right of way, and all direct access to U.S. Highway 70, winning a jury verdict of $1.7 million where DOT’s deposit for the taking and the control of access had been only $112,460.
North Carolina Department of Transportation v. Johnson (2016) – Won $3.3 Million settlement for owners of a Jones County mine for partial taking of mineable land for new U.S. Highway 17 Bypass, where initial deposit by DOT had been only $285,225
North Carolina Department of Transportation v. Sampson-Bladen Oil Company (2015)- Represented owner and operator of a gas station, convenience store and quick oil change property in Clinton against the DOT, winning a jury verdict of $635,000, plus interest and costs, where DOT’s deposit for the partial taking at issue had been only $107,850.
Dominion North Carolina Power v. Batchelor, Burt and Sparks (2014)- Represented multiple agricultural landowners in eminent domain action filed by private utility to condemn permanent power line easements, litigating both the authority of the utility to take and condemn the easements and the amount of just compensation owed for the taking. Commissioners appointed by the court awarded multiple times the utility’s evidence following a hearing.
North Carolina Department of Transportation v. RDI, LLC (2014)- Won $2.4 Million settlement for owners of gas station/convenience store for total taking the property where initial deposit by the DOT had been only $1.1 Million.
North Carolina Department of Transportation v. Edwards Property Group, LLC (2012) – Won jury verdict of $1.7 Million for total taking of gas station/convenience store in Onslow County where DOT’s initial deposit had been $420,000.
+Tort & Insurance Defense
Herbert v. Marcaccio, 365 N.C. 353; 717 S.E.2d 746 (2011)- Successfully defended underinsured motorist coverage carrier in arguing that Plaintiff had waived her right to demand arbitration under her personal auto policy, resulting in favorable settlement prior to jury trial.
Sellers et al. v. Four County Community Services, Inc. and United States v. Wesley et al. (2013-2015)- Defended state and federal lawsuits alleging multiple causes of action related to claims of sexual harassment and discrimination in administration of public housing benefit program.
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.+ CLOSE
+Personal Injury & Wrongful Death
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.
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.+ CLOSE
+Trusts & Estates
In Re: Estate of Kerser (2018) – Represented Propounder in defending Will Caveat, settling matter early to client’s satisfaction without prolonged litigation.
In Re: Estate of Morgan (2017) – Represented Caveator in successful challenge to Will based on lack of testamentary capacity and undue influence involving a large estate.+ CLOSE
University of Georgia, JD, 1995, cum laude
Duke University, BS, 1990+ CLOSE
Charter Corps Member, Teach For America, 1990 – 1992
Named 2018 State Litigation Star by Benchmark Litigation
Editorial Board, Journal of Intellectual Property Law
IBM Thomas J. Watson Memorial Scholar
Duke North Carolina Scholar+ CLOSE
+Professional & Community Activities
Permanent Member, Fourth Circuit Judicial Conference
American Board of Trial Advocates
North Carolina Association of Defense Attorneys
Eastern North Carolina Inn of Court
North Carolina Bar Association
SPRC Chair, First United Methodist Church+ CLOSE
+Speaking & Writing
4/29/16 North Carolina Advocates for Justice, Eminent Domain Pointers from Experienced Land Condemnation Attorneys: Non-Appraisal Experts and Lay Witnesses: Who Can Say What and Why+ CLOSE