D. Gary Lovell, Jr.
Partner / Atlanta Charleston
As a litigation partner in the firm with over 30 years’ experience, Gary’s defense practice includes representation of physicians, nurses, medical care institutions, allied health providers, motor carriers and their insurers, and other business related litigants in civil litigation. Gary also counsels and represents businesses and individuals in insurance and employment related matters.
Gary has served as lead counsel in over 90 jury trials of catastrophic injury or wrongful death tort actions in state and federal courts in Georgia and South Carolina. He has participated in hundreds of mediations or arbitration proceedings in the Southeastern states. He also represents clients in the Appellate Courts of Georgia, South Carolina and Florida.
In addition to litigation work, Gary lectures at the invitation of firm clients and numerous organizations in the legal and other fields.
Since 2005, Gary has been an honoree on the Georgia Super Lawyers® list in Atlanta Magazine/Law and Politics Magazine. He is also AV Preeminent rated by Martindale-Hubbell. Since 2013, he was selected by his peers for inclusion in The Best Lawyers in America®. In 2017, Gary was honored as The Best Lawyers 2018® “Lawyer of the Year” in Medical Malpractice Law – Defendants (Charleston).
Gary is the firm leader for Themis Advocates Group.
Results
Gary Lovell and Caroline Niland Secure Dismissal for Their Nephrology Group Client
April 21, 2022
Gary Lovell and Caroline Niland secured a dismissal for their Hilton Head Island, SC and Savannah, GA nephrology clients without the necessity of an indemnity payment on their behalf. Plaintiff alleged that the Nephrologists were negligent in their workup of the Decedent during a prolonged hospital admission that lead to failure to identify osmotic demyelination syndrome resulting in the Decedent’s death. However, after Gary and Caroline forcefully contradicted every claim made by Plaintiff’s experts, both in discovery and with their own defense experts, their clients were dismissed without any indemnity payment made.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Gary Lovell and Stephen Cohen Obtain Defense Verdict in Wrongful Death Case
October 18, 2018
In October 2018, Gary Lovell obtained a defense verdict in a wrongful death case in Superior Court of Stephens County, Georgia. Mr. Lovell tried the case with colleague Stephen Cohen, of CSVL’s Atlanta office. The case concerned an explosion at a residence in White County Georgia. Prior to the explosion, the defendant sold liquid propane (“LP”) to the homeowners. The homeowners believed they were using an excessive amount of LP, and called defendant to refill the tank, and check the system for leaks. The company's technician responded, found no leaks during his check, and filled the tank. The homeowners were away on travel at the time, so their grandfather took responsibility for coordinating the LP delivery with defendant. After delivery of the LP, the homeowner’s grandfather went to the residence, activated the furnace, and found everything to be in working order. Approximately three days later, the grandfather returned to the residence for an unknown reason. After he returned, the home exploded for an unknown reason. Sadly, the grandfather was inside, and his body was recovered by fire investigators. The decedant’s widow filed a wrongful death suit in Stephens County, Georgia. She alleged that defendant failed to perform, or improperly performed the leak test and failed to locate a leak in the LP system servicing the home. At trial, the evidence showed that defendant's delivery technician performed the leak test prior the explosion. Photographs taken by fire investigators shortly after the explosion revealed that the instrument necessary to perform the leak test was still attached to the LP tank regulator. Furthermore, defendant’s experts refuted plaintiff’s experts’ theory that a hole in a furnace line was the cause of the leaking gas. The defense expert opined that the hole was caused by deterioration from sitting in ash for almost a month after the fire. Additionally, plaintiff’s theory of excessive LP use as evidence of a leak was also refuted. Defendant’s expert showed that the usage was normal based on approximately 10 years of LP usage data. Finally, the same expert also showed that the significant release of LP in the two to three days between the delivery and the explosion was consistent with an uncapped valve being opened, possibly by the decedent. The trial lasted four days, with the jury retiring for deliberations on the afternoon of the fourth day. After deliberating for approximately 3 hours, the jury returned a verdict in favor of the defense. A confidential pre-trial hi-lo agreement was secured between the parties, which precluded any appeals.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.
Events
Gary Lovell Attended the Themis Annual Attorney Summit in Denver, CO – August 14-16, 2019
August 14, 2019
Gary Lovell, the firm's Themis leader, attended their Annual Attorney Summit in Denver, CO. The summit took place August 14-16, 2019. Made up of a network of distinguished law firms, the Themis Advocates Group was created to provide the most experienced, aggressive and cost effective legal services to clients. This group allows Themis attorneys to communicate with one another by sharing vital information, procedures and technology. For more information on Themis Advocates Group, please click here.
Carlock, Copeland & Stair Announce Lawyers Selected on the Georgia Super Lawyers® and Rising Stars® List for 2018
February 22, 2018
Carlock, Copeland & Stair are proud to announce the following attorneys selected for inclusion on the Georgia Super Lawyers® and Rising Stars® lists for 2018. Only five percent of the lawyers in the state are named by Super Lawyers®. The selections for this esteemed list are made by the research team at Super Lawyers®, which is a service of the Thomson Reuters. Each year, the research team at Super Lawyers® undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Super Lawyers® Thomas S. Carlock - Civil Litigation: Defense Wade K. Copeland - Civil Litigation: Defense Eric J. Frisch - Personal Injury Medical Malpractice: Defense Johannes S. Kingma - Professional Liability: Defense D. Gary Lovell, Jr. - Personal Injury Medical Malpractice: Defense Rolfe Martin - Personal Injury General: Defense David F. Root - General Litigation Douglas W. Smith - Personal Injury General: Defense Kent T. Stair - Professional Liability: Defense Frederick M. Valz, III - Insurance Coverage Rising Stars® is a listing of exceptional lawyers who are 40 years of age or under, or who have been practicing for 10 years or less, and have attained a high degree of peer recognition and professional achievement. Only 2.5 percent of the total lawyers in the state are honored on the Rising Stars® list. Rising Stars® Lauren Meadows - Civil Litigation Defense Jay M. O'Brien - Personal Injury General: Defense
Gary Lovell Attended THEMIS Advocate Group’s Mock Mediation – London, England
February 6, 2018
Gary Lovell attended the THEMIS Advocate Group's Mock Mediation in London, England on February 6. All programs to be produced by members of THEMIS Advocates Group, a network of preeminent defense litigators who skillfully, aggressively and creatively represent major insurance companies and prestigious corporations in both state and federal courts, trial and appellate courts. For more information on THEMIS Advocates Group, click here.
Carlock, Copeland & Stair Hosted Their Annual Insurance Coverage & Bad Faith Seminar
August 24, 2017
Carlock, Copeland & Stair hosted their annual Insurance Coverage & Bad Faith Seminar on August 24 at the Atlanta Botanical Garden. Presentations and Presenters: Have Traditional Rules Gone Up in Smoke? Impact of Growing Legalization of Medical Marijuana - Dave Root and Abby Grozine. Best Practices for Maintaining Your Claims File - Ryan Wilhelm, Jennifer Guerra, and Claire Sumner. Defending the Institutional Bad Faith Claim - Charlie McDaniel and Kathy Carlsten. New Technology, Old Policies: Are Aging Policies Equipped to Handle the Consumer Technology Boom? - Fred Valz and Melissa Bailey. Apportionment: Has It Gotten Insurers Where They Want To Go? - Charlie McDaniel, Graham Thompson, and Kristen Thompson. Additional Insured Jeopardy - Alex Davis, Laura Paton, Sarah Wetmore, Sally Bright and Nick Stewart. Why the Involvement of a Tractor Trailer Escalates a Case - Gary Lovell. Risk-Averse Insurers and the New Juror: Exploring Possible Links Between Fewer Trials, Millennial Jurors, and Seemingly Bigger Verdicts - Doug Smith and Lee Weatherly. Please contact Michelle Mattox at mmattox@csvl.law if you would like our attorneys to present in-house lunch & learn sessions or webinars.
Gary Lovell, Lee Weatherly Presented at the South Carolina Defense Trial Attorneys Association Annual Meeting – November 10 – 13, 2016
November 10, 2016
Partner Sarah Wetmore was on the planning committee for the 2016 SCDTAA annual meeting held from November 10-12 in Greensboro, Georgia. Several Carlock Copeland & Stair, LLP partners presented and were in attendance. The meeting was attended by defense attorneys and judges from around South Carolina. Lee Weatherly presented Preparing a Client to Testify - Taking Your Game to the Next Level. Gary Lovell presented Medical Malpractice Tort Reform: Where Are We Now and Where Are We Going? Gary's presentation centered around the current state of the notice of intent to file suit proceedings, the obstetrical and emergency medicine exception to standard of care, and noneconomic damage caps.
Gary Lovell Attended DRI Annual Meeting – Boston
October 19, 2016
Gary Lovell attended DRI's 2016 Annual Meeting from October 19-23 at the Sheraton Boston Hotel and Hynes Convention Center in Boston, MA.
Trucking Industry Defense Association (TIDA) Annual Seminar, Baltimore, MD – Gary Lovell attended
October 12, 2016
Gary Lovell attended the Trucking Industry Defense Association (TIDA) 24th Annual Seminar from October 12–14 in Baltimore, MD.
CLM Medical Legal Midwest Conference, Omaha, NE – Dave Root, Doug MacKelcan and Gary Lovell attended
June 23, 2016
Dave Root, Doug MacKelcan and Gary Lovell attended the CLM Midwest Medical Legal Conference held June 23 in Omaha, Nebraska.
Gary Lovell, Andrew Countryman and Peter Werdesheim attended the 4th Annual Mock Trial in New York hosted by Themis Advocates Group
June 9, 2016
Gary Lovell, Andrew Countryman and Peter Werdesheim attended the 4th Annual Mock Trial hosted by the Themis Advocates Group, a nationwide legal networking group which includes our firm, in New York City on June 9th.
Gary Lovell attended “Magna Mock Crisis – Part 2” on May 19 and 20th at The Breakers Hotel in Palm Beach, Florida
May 19, 2016
Gary Lovell attended “Magna Mock Crisis - Part 2” conference on May 19 and 20th at The Breakers Hotel in Palm Beach, Florida.
Arkansas Trucking Annual Business Conference (ATA) Annual Business Conference and Vendor Showcase – Gary Lovell attended
May 18, 2016
Gary Lovell attended the 2016 Arkansas Trucking Association Annual Business Conference and Vendor Showcase held at the Little Rock Marriott in Little Rock, Arkansas from May 18-20. For more information click here.
Gary Lovell attended DRI’s 2016 Trucking Seminar in Chicago, Illinois
April 14, 2016
Gary Lovell attended DRI's 2016 Trucking Seminar in Chicago, Illinois on April 14, 2016.
Carlock Copeland Attorneys Selected for Georgia 2016 Super Lawyers® AND Rising Stars®
February 19, 2016
February 19, 2016 Carlock, Copeland & Stair, LLP is proud to announce our lawyers selected for inclusion on the Georgia Super Lawyers® and Rising Stars® lists for 2016. Thomas S. Carlock and Johannes S. Kingma have been selected for inclusion on the Top 100 Super Lawyers® in the State of Georgia. Only five percent of the lawyers in the state are named by Super Lawyers®. The selections for this esteemed list are made by the research team at Super Lawyers®, which is a service of Thomson Reuters. Each year, the research team at Super Lawyers® undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Top 100 for the State of Georgia - Super Lawyers® Thomas S. Carlock - Top Rated Civil Litigation Attorney in Atlanta, Georgia Johannes S. Kingma - Top Rated Professional Liability Attorney in Atlanta, Georgia Super Lawyers® Thomas S. Carlock - Civil Litigation: Defense Wade K. Copeland - Civil Litigation: Defense Eric J. Frisch - Personal Injury Medical Malpractice: Defense Johannes S. Kingma - Professional Liability: Defense D. Gary Lovell, Jr. - Personal Injury Medical Malpractice: Defense David F. Root - General Litigation Douglas W. Smith - Personal Injury General: Defense Kent T. Stair - Professional Liability: Defense Frederick M. Valz, III - Insurance Coverage Rising Stars® is a listing of exceptional lawyers who are 40 years of age or under, or who have been practicing for 10 years or less, and have attained a high degree of peer recognition and professional achievement. Only 2.5 percent of the total lawyers in the state are honored on the Rising Stars® list. Rising Stars® Shannon M. Sprinkle - Professional Liability: Defense Peter Werdesheim - Professional Liability - Defense
DRI Insurance Coverage and Practice Symposium – December 3-4 – New York
December 3, 2015
Fred Valz, Charlie McDaniel, and Gary Lovell attended the DRI Insurance Coverage and Practice Symposium held December 3-4 in New York. DRI Annual Conference Brochure - December, 2015 For more information, please click here.
Trucking Industry Defense Association – October 26-28
October 26, 2015
Gary Lovell attended the Trucking Industry Defense Association (TIDA) meeting held October 26-28 in San Antonio, Texas. Please click here for more information.
News
CSVL Attorneys Named to 2022 Best Lawyers® Lists in Multiple Practice Areas and in Each Office Location
August 19, 2021
Copeland Stair Valz & Lovell, LLP is pleased to announce our Attorneys named to 2022 Best Lawyers® lists in multiple categories and office locations.
- Anna Beaton, 2022 Best Lawyers®; Ones To Watch recognition for Insurance Law and Transportation Law in Atlanta, GA
- Sarah E. Butler, 2022 Best Lawyers® recognition for Litigation - Construction and Litigation - Insurance in Charleston, SC
- Eric Frisch, 2022 Best Lawyers® recognition for Litigation - Health Care and Medical Malpractice Law - Defendants in Atlanta, GA
- Angela C. Kopet, 2022 Best Lawyers® recognition for Insurance Law and Litigation - Insurance in Chattanooga, TN
- Gary Lovell, Jr., 2022 Best Lawyers® recognition for Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants in Atlanta, GA and Charleston, SC
- Rolfe M. Martin, 2022 Best Lawyers® recognition for Medical Malpractice Law – Defendants in Atlanta, GA
- Paul Sperry, 2022 Best Lawyers® recognition for Construction Law and Litigation - Construction in Charleston, SC
- Kent T. Stair, 2022 Best Lawyers® recognition for Construction Law and Legal Malpractice Law – Defense and Litigation - Construction in Atlanta, GA and Charleston, SC
- Fred M. Valz, III, 2022 Best Lawyers® recognition for Insurance Law in Atlanta, GA
- Lee C. Weatherly, 2022 Best Lawyers® recognition for Personal Injury Litigation - Defendants in Charleston, SC
CSVL Attorneys Selected to 2021 South Carolina Super Lawyers® and Rising Stars® Lists
May 1, 2021
Copeland, Stair, Valz & Lovell, LLP is proud to announce that several of our lawyers have been selected for inclusion on the South Carolina Super Lawyers® and Rising Stars® lists for 2021. Super Lawyers® recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area, and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement. Meet our Super Lawyers® and Rising Stars®! Only five percent of attorneys in the state of South Carolina are selected for inclusion in Super Lawyers® list. Our Super Lawyers® are: D. Gary Lovell, Jr. Kent T. Stair Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars® list, here are ours in South Carolina: Alexandra Lemons Tyler P. Winton
CSVL Attorneys Selected to 2021 Georgia Super Lawyers® and Rising Stars® Lists
February 15, 2021
Copeland, Stair, Valz & Lovell, LLP is proud to announce that several of our lawyers have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars® lists for 2021. Super Lawyers® recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement. Meet our Super Lawyers® and Rising Stars®! Only five percent of attorneys in the state of Georgia are selected for inclusion in Super Lawyers® list. Our Super Lawyers® are: Wade K. Copeland Eric J. Frisch D. Gary Lovell, Jr. Rolfe M. Martin Charles M. McDaniel, Jr. David F. Root Douglas W. Smith Kent T. Stair Fred M. Valz, III Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars® list, here are ours in Atlanta: Melissa L. Bailey
CSVL Attorneys Named to Best Lawyers® Lists in Multiple Practice Areas and Office Locations
August 20, 2020
Copeland Stair Valz & Lovell, LLP is pleased to announce our Attorneys named to 2021 Best Lawyers® lists in multiple categories and office locations.
- Gary Lovell, Jr., 2021 Best Lawyers® recognition for Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants in Atlanta, GA and Charleston, SC
- Rolfe M. Martin, 2021 Best Lawyers® recognition for Medical Malpractice Law – Defendants in Atlanta, GA
- Kent T. Stair, 2021 Best Lawyers® recognition for Construction Law and Legal Malpractice Law – Defense and Litigation - Construction in Atlanta, GA and Charleston, SC
- Fred M. Valz, III, 2021 Best Lawyers® recognition for Insurance Law in Atlanta, GA
CSKL Attorneys Named to 2020 South Carolina Super Lawyers® and Rising Stars® Lists
April 27, 2020
Copeland, Stair, Kingma & Lovell, LLP is proud to announce that several of our lawyers have been selected for inclusion on the South Carolina Super Lawyers® and Rising Stars® lists for 2020. Super Lawyers® recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area, and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement. Meet our Super Lawyers® and Rising Stars®! Only five percent of attorneys in the state of South Carolina are selected for inclusion in the Super Lawyers® list. Our Super Lawyers® are: D. Gary Lovell, Jr. Kent T. Stair Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars® list. Here are ours in Charleston: Alexandra Lemons Tyler P. Winton
CSVL Attorneys Named to 2020 Georgia Super Lawyers and Rising Stars Lists
February 15, 2020
Copeland, Stair, Valz & Lovell, LLP is proud to announce that several of our lawyers have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars® lists for 2020. Super Lawyers® recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement. Meet our Super Lawyers® and Rising Stars®! Only five percent of attorneys in the state of Georgia are selected for inclusion in Super Lawyers® list. Our Super Lawyers® are: Wade K. Copeland Eric J. Frisch D. Gary Lovell, Jr. Rolfe M. Martin Charles M. McDaniel, Jr. William D. Newcomb David F. Root Douglas W. Smith Kent T. Stair Fred M. Valz, III Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars® list, here are ours in Atlanta: Melissa L. Bailey Stephen J. Cohen
CSVL Attorneys Named to 2019 South Carolina Super Lawyers and Rising Stars Lists
April 8, 2019
Copeland Stair Valz & Lovell, LLP is proud to announce that several of our lawyers have been selected for inclusion on the South Carolina Super Lawyers® and Rising Stars® lists for 2019. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement. Meet our Super Lawyers® and Rising Stars®! Super Lawyers®, only five percent of attorneys in the state of South Carolina are selected for inclusion in Super Lawyers list. Our Super Lawyers are: D. Gary Lovell, Jr. Kent T. Stair Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars list, here are ours: J. Patrick Norris Tyler P. Winton
CSVL Attorneys Named to 2019 Georgia Super Lawyers and Rising Stars Lists
February 28, 2019
Copeland Stair Valz & Lovell, LLP is proud to announce that several of our lawyers have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars® lists for 2019. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Attorneys are chosen for this honor through a nomination process, peer review by practice area and independent research on candidates. The lengthy process identifies lawyers who have attained a high degree of peer recognition and professional achievement. Meet our Super Lawyers® and Rising Stars®! Super Lawyers®, only five percent of attorneys in the state of Georgia are selected for inclusion in Super Lawyers list. Our Super Lawyers are: Wade K. Copeland Eric J. Frisch D. Gary Lovell, Jr. Rolfe M. Martin Jay M. O'Brien David F. Root Douglas W. Smith Kent T. Stair Fred M. Valz Rising Stars® list recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or those who have been practicing for 10 years or less. No more than 2.5 percent of eligible attorneys are named to the Rising Stars® list, here is ours in Atlanta: Melissa L. Bailey Please click here to read about our South Carolina Super Lawyers® and Rising Stars®!
Publications and Presentations
Gary Lovell Contributes to The CLM’s November 2021 Magazine, The Roundabout – Transportaion Issues In and Out of the Courtroom
November 15, 2021
CSVL's Gary Lovell recently participated in a discussion published in Claims Litigation and Management Organization's (The CLM) Magazine's November 2021 issue. In The Roundabout Series CLM’s Transportation Committee gathered together several risk and legal experts in the transportation community to discuss trends in the industry. This month's issue featured CSVL Transportation Attorney Gary Lovell and discussed nuclear verdicts, spoliation, and in-cab cameras. Click here to learn more about The CLM and here to read the article in entirety.
Victory for Obstetricians in Birth Injury Cases – Health Law and Regulation Update Blog by D. Gary Lovell, Jr.
October 9, 2021
Recent Health Law and Regulation Update Blog by D. Gary Lovell, Jr Obstetricians can rely upon immunity from simple negligence claims under South Carolina’s “medical emergency” statute, according to the South Carolina Court of Appeals. In a case of first impression, the Court of Appeals upheld a defense verdict obtained by CSVL senior litigation partner Gary Lovell in favor of our ob/gyn client for claims arising from a sudden medical emergency involving shoulder dystocia that presented during delivery. The Court of Appeals upheld the defense position that provisions of S.C. Code Section 15-32-230(A) controlled and required that Plaintiffs prove “gross negligence” of the medical practitioner in cases involving shoulder dystocia and a genuine medical emergency during delivery of a child. The court rejected Plaintiff's argument that the Statute was inapplicable in situations where the patient was an established patient of the obstetrician or group or had received prenatal care. The Court noted that it was undisputed that the shoulder dystocia condition presented a “genuine medical emergency”, where the patient was not medically stable and in immediate threat of death or serious bodily injury prior to discharge from the obstetrical suite. Mitchell Brown and Brian Cotty of Nelson Mullins were appellate counsel along with Attorney Lovell. Oral argument on the case was held “virtually” on June 23, 2020, due to the Covid-19 pandemic restrictions on in-person oral arguments. Flowers v Giep, CA 2017-002299 (10/6/2021) Click here to subscribe to CSVL's Health Law and Regulation Update Blog.