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Jason R. Benton

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Jason Benton is a trial lawyer with litigation experience in both trial and appellate courts. His practice focuses on complex civil disputes with an emphasis on the defense of personal injury, property damage, municipal liability, products liability, and professional malpractice claims.

Mr. Benton is admitted to practice in all state courts in North Carolina and the federal district courts for the Western, Middle and Eastern Districts of North Carolina.

Mr. Benton counsels and represents various clients on a broad range of issues including:

  • Personal injury, wrongful death and property damage claims
  • Municipal and public official liability, including §1983 civil rights and police use of force claims
  • Trucking and transportation liability
  • Products liability, premises liability, industrial accidents, toxic torts and catastrophic injury claims
  • Professional malpractice, including engineering, architectural, accounting and legal malpractice claims
  • Errors and omissions, including insurance agent/broker liability
  • Insurance coverage disputes
  • Fair debt collection practices and other consumer action claims

Featured Experience

Trials/Arbitrations

  • Obtained a complete defense verdict on behalf of a gas utility company after a two week jury trial in which the plaintiff-landowner alleged breach of contract and unfair and deceptive trade practices arising out of the gas company’s removal of trees on plaintiff’s property for purposes of installing a natural gas pipeline.
  • Obtained a complete defense verdict on behalf of three police officers after a two and a half week jury trial in which the plaintiff contended that the officers acted with malice and were negligent in discharging their firearms at a fleeing suspect during a vehicular pursuit, missing that suspect and striking the plaintiff-passenger.
  • Obtained a defense verdict in a premises liability case on behalf of a homeowner in a three day jury trial in which the plaintiff alleged that his injuries arising from a fall off of the homeowner’s roof were the result of negligence.
  • Represented architect in a two week AAA arbitration hearing concerning claims of architectural malpractice and construction delay in which the arbitration award was less than the amount offered in mediation to settle.

Representative Matters

Recent Decisions

  • OmniSource Corporation v. Heat Wave Metal Processing, Inc., 2015 WL 3452918 (E.D.N.C. May 29, 2015).  Obtained an order from the federal district court granting summary judgment on negligent hiring/training/supervision and punitive damages claims against defendant-metal processing company arising out of fire damage to plaintiff’s material handler.  Also, successfully defended against plaintiff’s Daubert challenge to client’s fire cause and origin expert.
  • Turfworthy, LLC v. Dr. Karl Wetekam & Co. KG, 26 F.Supp.3d 496 (M.D.N.C. 2014).  Obtained an order from the federal district court dismissing all of the claims filed against a foreign manufacturer of monofilament yarn used in artificial turf in this products liability case.
  • Wilcox v. City of Asheville, et al, 730 S.E.2d 226 (N.C. App. 2012).  Obtained summary judgment of state constitutional claims asserted against police officers in this use of force case, which summary judgment was affirmed by the Court of Appeals after oral argument.
  • Gaddy v. Yelton, et al, 2011 WL 3608023 (W.D.N.C. January 14, 2011).  Obtained an order from the federal district court dismissing all claims asserted against a municipality in this case in which the plaintiff alleged § 1983 violations of his First and Fourth Amendment rights under the U.S. Constitution.

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Honors & Awards

  • Benchmark Litigation, Under 40 Hot List, 2016
  • North Carolina Super Lawyers Rising Star in Personal Injury Defense: General and Civil Litigation Defense, 2009-2013, 2016

Memberships

  • North Carolina Association of Defense Attorneys, Board of Directors, 2014-2016, Membership Committee, 2006-2011, Chairman, 2009-2010; Vice Chair, Products Liability Division, 2008-2009
  • Litigation Counsel of America