Gerald A. Stein II

Obtained jury verdict for defendants in a short bed tractor-trailer / car accident. The plaintiff alleged the defendant truck driver crossed the center line and drove over the front left quarter panel and hood of her car. At trial defense presented evidence that the plaintiff crossed the center line and caused the accident.

Lead defense counsel in multiparty action involving issues of breach of contract, unfair and deceptive trade practices, defamation, and fraud. Obtained jury verdict in favor of Property Owner’s Group v. Real Estate Developer on all nine issues. The case was tried over three months in Swain County, North Carolina. Also, successful at the Court of Appeals and North Carolina Supreme Court in defeating the opposing party’s appeal of the trial result.

Obtained jury verdict in favor of defendants in a matter involving an explosion and severe burns to three plaintiffs. The defense argued the explosion was an unforeseeable, and defendant did not cause the explosion. This case was tried twice. The first time resulted in a hung jury; the second time the jury found in favor of the defendant.

Represented nonprofit organization in wrongful death trial involving a motor vehicle accident. The case could not be settled because the plaintiff’s pre-trial demand exceeded the reasonable value of the case. At trial the plaintiff asked the jury for a verdict of $14 million. Although the jury found liability, the award was only $1.4 million to the plaintiff, which was less than the defendant’s pre-trial offer.

Obtained summary judgment in wrongful death lawsuit arising from the decedent drowning in a community association swimming pool. The matter was argued in the Western District of North Carolina. Summary judgment was granted by showing all standards for residential pool safety were met.

Obtained summary judgment for tractor manufacturer in catastrophic injury case where a skid steer pinned the plaintiff against a wall, crushing his pelvis. The judge granted summary judgment after hearing arguments that the defendant installed all safety measures available for the tractor.

Obtained summary judgment for talc manufacturer in mesothelioma case arising from allegations of asbestos exposure contained in talc used in pottery clay. The U.S. Fourth Circuit Court of Appeals affirmed summary judgment. The case was significant because the Fourth Circuit bolstered the Lorhmann standard for proving asbestos exposure in mesothelioma cases as opposed to being applicable only in cases involving asbestosis.

Served as primary defense counsel to major insurance company for litigation in western North Carolina for eight years. Tried numerous motor vehicle, trucking, and other personal injury cases.

Represented heavy highway construction contractor in numerous catastrophic injury and wrongful death lawsuits in North and South Carolina.