Luke P. Sbarra

Lead counsel obtaining defense verdict following jury trial defending an entertainment venue and bar regarding allegations of over-service of alcohol/Dram Shop and inadequate security when a patron attacked another patron during an altercation at the establishment.

Lead counsel in trial of 2.1 Complex Litigation Case in Jackson County (Sylva), North Carolina, Superior Court of claims of condominium-unit controlled owners’ association against declarant-developer for breach of fiduciary duty, breach of implied warranty of habitability, and negligence arising out of alleged systemic construction and design defects in twenty two (22) condominium units. Plaintiff sought a final judgment in excess of $7,000,000.00 and the jury considered sixteen issues, including the North Carolina Real Property statute of repose and exceptions to the applicability of the statute of repose  based on equitable estoppel.

Lead counsel obtaining complete defense verdict in jury trial of claim against client for negligence and breach of contract arising out of client’s upfit and renovation of PGA Tour Bus and delivery of bus to Florida following fire destroying bus en route to Florida. This case involved issues of Georgia law and defenses to breach of contract based on the impossibility of performance and frustration of purpose.

Lead counsel obtaining complete defense verdict of breach of contract and contractual indemnity action against client arising out of client’s employment contract with plaintiff.

Trial to complete defense verdict of claim for breach of implied warranty of habitability and negligence arising out of alleged construction defects and personal injury at apartment complex.

Lead counsel in trial to verdict of roll-over of Cushman ATV defending allegations of negligent warnings, negligent training, supervision, and failure to warn.

Lead counsel in trial to verdict of personal injury action arising out of failed furniture at restaurant.

Lead counsel obtaining complete defense arbitration award following five-day wrongful death arbitration against skilled-nursing facility arising out of alleged failure to prevent sepsis leading to death from infected decubitus ulcer and claims of medical malpractice, corporate and administrative negligence, and punitive damages.

Arbitration of claim against North Carolina adult care home arising out of alleged third-party rape of resident at the facility.

Lead counsel obtaining summary judgment in product liability action in federal court action against manufacturer of synthetic web sling following severe crush injury to Plaintiff when 1,700 pounds of sheet metal collapsed on Plaintiff following web sling failure. Trial court granted summary judgment on negligence and breach of express and implied warranty claims and Fourth Circuit Court of Appeals affirmed.

Lead counsel in arbitration to final award of construction defect case in which Plaintiff sued general contractor for numerous defects in condominium and sought in excess of $1,500,000.00. Final arbitration award was $9,000.00. Trial court confirmed award and North Carolina Court of Appeals affirmed trial court.

Lead counsel obtaining summary judgment for multiple physicians sued for “deliberate indifference” to incarcerated inmates’ civil rights under 42 U.S.C. 1983 and Bivens v. Six Unknown Named Agents.

Lead counsel representing numerous dentists in dental malpractice litigation and disciplinary matters before the North Carolina Dental Board and in dental malpractice actions relating to alleged standard of care violations, including improperly placed prosthetics, restorations, alleged failure to obtain informed consent, and death claims following general and specialized care and surgery.

Lead counsel obtaining summary judgment on behalf of a structural engineer in federal court action alleging design defect and delay damages of $20,000,000 arising out of multiple failed structural  elements of multi-unit condominiums in New Bern, North Carolina. This case involved over seventy-five depositions and the production and analysis of over one million documents. This case was affirmed on appeal.

Lead counsel representing civil engineer in professional malpractice action alleging failure to obtain state Department of Transportation highway approval for hollow-core slab bridge allegedly causing delay damages in excess of $3,000,000 arising out of developer’s inability to market eighty-four (84) acres platted for residential sub-division.

Lead counsel obtaining Order granting client’s motion to dismiss pursuant to Rule 12(b)(6) in 2.1 Complex Litigation Matter regarding plaintiff-investors’ claims against real estate appraiser for negligence, civil conspiracy, breach of third party beneficiary contract, and violations of the State Mortgage Lending Act, in professional malpractice against appraiser for damages arising out of purchase of coastal North Carolina lots.

Lead counsel obtaining Order granting client’s motion to dismiss pursuant to Rule 12(b)(6) in connection with claims against residential real estate appraiser based on North Carolina’s statute of repose for professional malpractice.

Lead counsel obtaining dismissal of a lawsuit against Atlanta lawyer and law firm arising from alleged breach of contract and breach of fiduciary duty in connection with law firm’s failure to repay financier of personal injury litigation.

Lead counsel obtaining dismissal of professional malpractice civil action against lawyer arising from alleged failure to satisfy tax lien during the closing of a real estate transaction, allegedly resulting in the subordination of Plaintiff’s Deed of Trust to first priority tax lien.

Lead counsel representing law firm and lawyer as escrow agents in federal court action seeking damages in excess of $100,000,000 arising from alleged fraud scheme and numerous violations of state and federal racketeering, fraud, and conspiracy laws.

Lead counsel obtaining summary judgment on behalf of owner of sports stadium in connection with lawsuit against owner of stadium arising out of blinding incident in which patron blinded from baseball striking patron in eye.

Lead counsel obtaining dismissal with prejudice one week before trial of fire claim at hospital with alleged business interruption damages in excess of $7,000,000.000 arising out of client’s allegedly improper use of thermographic equipment to conduct infrared thermographic scans of electrical cabinets prior to fire.

Lead counsel representing industrial boiler manufacturer in the United States District Court for the Middle District of North Carolina in connection with allegations of breach of contract, breach of warranty, fraud, unfair and deceptive trade practices, and punitive damages seeking a recovery of $1,200,000.00 arising out of our client’s alleged supply of two defective commercial boilers to one of the world’s largest carpet manufacturers.

Lead counsel representing Taiwanese manufacturer in the United States District Court for the Western District of North Carolina achieving dismissal of Plaintiffs’ claims for the defective manufacture of a  bicycle chain sprocket due to lack of personal jurisdiction over the client in the North Carolina federal courts.

Lead counsel representing industrial designer in the United States District Court for the Western District of North Carolina in connection with a commercial fire subrogation lawsuit seeking damages of  $800,000.00 arising out of a commercial electrical fire in a paint spray booth.

Representation of an international manufacturer of cast polypropylene films in the United States District Court for the Western District of North Carolina in connection with Plaintiff’s claims of improper design of film, breach of contract, and breach of warranty resulting from our client’s supply of allegedly defective automobile transit tape causing tape melt on several thousand new automobiles and alleged damages of $800,000.00.

Representation of numerous manufacturers, component part manufacturers, distributors, retail sellers, and individuals in connection with the defense of a wide variety of product liability lawsuits arising from diverse industries including textiles, plumbing, refrigeration, residential propane gas equipment, construction, and recreational and sporting equipment.