Brian S. Spitler
Partner / Chattanooga Atlanta
Brian is a partner in our Chattanooga, Tennessee and Atlanta, Georgia offices where he concentrates his practice on design professional liability and construction litigation matters. He represents architects and engineers in design defect disputes including actions alleging property damages, contract damages, and catastrophic personal injury in both Tennessee and Georgia. He also provides non-litigation support to his design professional clients.
Brian’s commercial litigation practice also focuses on defending attorneys, accountants, and health care providers in malpractice actions in both Tennessee and Georgia. He also defends accountants in AICPA and state accounting board complaints as well as SEC investigations. Brian represents clients in general commercial litigation, transportation and premises liability and provides insurance coverage opinions as well. Brian is a member of the firm’s cyber liability practice group and has advised and defended accountants, lawyers and businesses in cyber fraud matters.
Prior to joining Copeland Stair, Brian was a Senior Associate at Jones Day in Atlanta, where his practice focused on defending international corporations against a wide range of cases including securities fraud, product liability, Fair Credit Reporting Act and other general litigation matters. Brian also served as a judicial extern for The Honorable James G. Carr, Chief Judge, U.S. District Court for the Northern District of Ohio.
Results
Brian Spitler Obtains Summary Judgment for Insurance Broker Client
November 16, 2021
Brian Spitler successfully obtained summary judgment in the Chancery Court for Davidson County, Tennessee in a professional malpractice suit against their insurance broker client. The Plaintiff, a large trucking company based in Nashville, reported the construction of a new building to the insurance broker during its annual insurance renewal, and the broker (via a wholesale insurance broker) listed the new building on a Statement of Values submitted to the insurer during the renewal process. A month after the new building was reported to the insurer, and a month before the policy renewed, the building was destroyed by a tornado, causing $6.7 million in damages. The insurer denied coverage under the then-in-effect policy, claiming the building was only reported for the new, renewed policy. The trucking company sued the insurer, our client broker, and the wholesale broker, claiming that the new building should have been covered under the policy, and if it was not, then the brokers negligently failed to procure coverage. All parties filed Motions for Summary Judgment. The brokers and Plaintiff argued that the building was covered under the blanket nature of the policy, and that the building had been sufficiently reported under the policy for coverage to be triggered. The court agreed, finding that the insurer was responsible for the loss and that the insurer could not seek indemnity or contribution from the brokers.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Judgment in Angela Kopet and Brian Spitler’s Personal Injury Case Upheld by Georgia Court of Appeals
November 3, 2021
Angela Kopet and Brian Spitler recently obtained a ruling from the Georgia Court of Appeals upholding the Whitfield County trial court’s judgment awarding Plaintiffs 21.6 million dollars. The case arose when a tractor-trailer turned left out of a business onto a highway in front of a pickup truck traveling along that stretch of the highway. The pickup truck was forced to swerve off the highway to avoid the truck and ended up striking the Plaintiff and/or some dumpsters that hit the Plaintiff. Angela and Brian’s client, who was driving the pickup truck, was found .01% at fault and is responsible for $2,600 of the judgment.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Angela Kopet and Brian Spitler Successful in Defending Client in Personal Injury Case
May 10, 2019
In May 2019, Angela Kopet and Brian Spitler were successful in the defense of their client who was involved in an automobile accident. Their client drove his pick-up truck off the road to avoid a tractor-trailer that pulled out onto the highway. Plaintiff was hit by the pick-up truck and suffered injuries, including a below the knee amputation of his left knee. After a five-day jury trial, the jury found the trucking company and its driver 99.99% at fault for the accident. The jury found Angela and Brian’s client only .01% at fault for the accident and responsible for $2,160 of the 21.6 million verdict.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Brian Spitler Obtains Dismissal in an Attorney Malpractice Case
March 12, 2019
Brian Spitler obtains dismissal in a case where plaintiff alleged that the attorney she hired made misstatements affecting her case. She also made claims for overbilling. The case was dismissed with prejudice upon a successful motion to dismiss.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Corporate Defendants Dismissed from Lawsuit
November 2, 2018
Brian Spitler and Angela Kopet inherited the defense of four corporate entities from prior counsel who were sued by five Plaintiffs after an automobile accident. Plaintiffs alleged that the corporations were responsible for the actions of a hit and run driver on the basis of negligent entrustment, vicarious liability, principles of agency and respondeat superior, ownership of the vehicle, joint venture, fraud, conspiracy to commit fraud, negligent or intentional infliction of emotional distress, and other matters. Plaintiffs also requested punitive damages. Prior counsel filed motions for summary judgment asking the Court to dismiss all four corporate entities and the motions were denied by the Judge. After inheriting the file and the defense of the corporate entities, Brian and Angela were able to track down the hit and run driver and obtain an Affidavit from him that outlined he was not driving a vehicle owned by any of the corporate defendants. This Affidavit along with case law that countered the remaining allegations alleged by the Plaintiffs, resulted in the court ultimately granting the motion for summary judgment and dismissing Brian and Angela’s clients from the case.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Events
CSVL’s Brian Spitler Presented at the IOA 2020 Professional Practice Seminar in Atlanta, GA – March 10, 2020
March 10, 2020
CSVL Chattanooga Partner Brian Spitler was invited to present during the 2020 Professional Practice Seminar on Tuesday March 10, 2020 from 8:00 AM to 12:30 PM at the Cobb Galleria Center in Atlanta, GA. The conference was sponsored by the Insurance Office of America and Victor O. Schinnerer & Company, Inc. with no cost to attend. Brian's presentation focused and expanded on Contract Administration Services for design professionals. Brian was joined by other industry professionals, speaking on topics including the meaning of Certificates of Insurance and cyber trends in insurance. For more information on this presentation and firm speaking engagements, please contact Michelle Mattox.
Risk Management for Audit and Accounting Firms – Sponsored by Carlock, Copeland & Stair – Brentwood, TN
August 11, 2017
Carlock, Copeland & Stair, LLP held a Risk Management for Audit and Accounting Firms Seminar on August 11, 2017 in Brentwood, TN. The seminar was a success and designed to help CPAs and accountants deal proactively and efficiently with audit and accounting industry related risk. Program information is listed below. If you were unable to attend, but interested in this presentation or other presentations and webinars tailored to your business; please contact Michelle Mattox at mmattox@csvl.law. Shannon Sprinkle, Firm Managing Partner, Carlock, Copeland & Stair presented Cyber Liability Concerns for the Accounting Professional and Protecting Against Cyber Liability. Joe Kingma, Partner and Commercial Litigation Practice Group Leader, Carlock, Copeland & Stair presented Engagement Letters/Contracts. Joe Kingma moderated a panel presentation on Red Flag Clients with panelists Sarah Ference, CPA, Risk Control Director, CNA - Professional Services and J. Dale Crow, Corporate Counsel, Risk Strategies Company. All speakers participated in a segment on War Stories, Bad Cases and Good Outcomes. Brian Spitler, Partner, Carlock, Copeland & Stair presented a segment on Subpoenas. Carlock, Copeland & Stair LLP is an approved provider with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on acceptance of individual courses for CPE credit. More information available at www.nasbaregistry.org.
Fall ABA Legal Malpractice Conference – Chicago, IL – Joe Kingma, Brian Spitler and Tyler Wetzel Participated – September 21-23
September 21, 2016
Carlock Copeland is proud to sponsor the Fall ABA Legal Malpractice Conference held in Chicago, IL from September 21-23. Joe Kingma, Brian Spitler and Tyler Wetzel participated.
Joe Kingma, Shannon Sprinkle, Doug MacKelcan and Brian Spitler attended ABA Spring 2016 National Legal Malpractice Conference in New Orleans
April 27, 2016
Carlock, Copeland and Stair, LLP was proud to be a silver sponsor for the ABA Spring 2016 National Legal Malpractice Conference held on April 27-29 at the Roosevelt New Orleans Waldorf Astoria. Joe Kingma, Shannon Sprinkle, Doug MacKelcan and Brian Spitler attended.
Professional Liability Seminar for Attorneys and Accountants
May 5, 2015
Publications and Presentations
Brian Spitler Presented at the IOA 2020 Professional Practice Seminar in Atlanta, GA – March 10, 2020
January 13, 2020
CSVL's Brian Spitler was invited to present during the 2020 Professional Practice Seminar on Tuesday, March 10, 2020 from 8:00 AM to 12:30 PM at the Cobb Galleria Center in Atlanta, GA. The conference was sponsored by the Insurance Office of America and Victor O. Schinnerer & Company, Inc. with no cost to attend. Brian's presentation focused and expanded on Contract Administration Services for design professionals. He was joined by other industry professionals, speaking on topics including the meaning of Certificates of Insurance and cyber trends in insurance. For more information on this presentation and firm speaking engagements, please contact Michelle Mattox.
Brian Spitler and Tawny Mack Present at Insurance Office of America’s 2019 Risk Seminar
February 28, 2019
Brian Spitler and Tawny Mack presented Impact of Accessibility Standards on the Design Profession at Insurance Office of America’s (IOA) 2019 Risk Seminar on February 28, 2019. This presentation addressed compliance and affects of the ADA Standards for Accessible Design on architect and engineering practices. For information on the ADA, please click here. For information on the IOA organization, please click here.