On March 8, 2018, Gary Lovell and Lee Weatherly secured a dismissal for their client, a surgeon and his practice in a Columbia, South Carolina medical malpractice case. This claim arose out of an elective sacrocolpopexy cystoscopy Plaintiff underwent performed by an OB-GYN co-defendant.  The gynecologist began the procedure and called our client to assist in removing a loop of bowel that was adhered to the anterior abdominal wall in the region of a prior umbilical hernia repair. The gynecologist completed the procedure but in the days following the procedure, the patient developed a bowel leak.  Although the Plaintiff initially alleged that Defendants negligently failed to recognize and treat the bowel leak, leading to sepsis and other significant medical problems, she ultimately dismissed her claims, without payment, after the depositions of the Defendants.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Will Farley recently obtained a favorable ruling from the appellate courts of South Carolina in a lawsuit previously filed against their healthcare provider client.  The lawsuit was initially filed in Kershaw County, South Carolina.  Gary and Will immediately filed a Motion to Dismiss for failure to comply with the expert affidavit requirements provided by S.C. Code Ann. § 15-36-100 and § 15-79-125.  After briefing the issue and presenting oral arguments, the trial court granted the Motion to Dismiss.  Plaintiff then appealed to the South Carolina Court of Appeals.  The Court of Appeals issued an opinion in April 2017 affirming the trial court’s decision.  Plaintiff-Appellant then filed a Petition for Writ of Certiorari with the South Carolina Supreme Court.  After Gary and Will submitted written objections to the need for further review, the Supreme Court entered an Order denying Plaintiff-Appellant’s petition.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On October 13, 2017, D. Gary Lovell, Jr. and Lee C. Weatherly obtained a defense verdict for an obstetrician and the practice group in a medical malpractice case filed in Spartanburg County, South Carolina.   During the trial, the Plaintiffs claimed that during their minor child's delivery, the defendant doctor was confronted with the medical emergency known as shoulder dystocia.  The Plaintiffs alleged that the defendant doctor negligently pulled on their minor child's head during the shoulder dystocia event in order to complete his delivery.  Plaintiffs claimed that this alleged excessive traction caused the child to suffer permanent injuries to the brachial plexus nerves in his arm, forever rendering it impaired.  While the Plaintiff admitted that the physician in this case was not grossly negligent, Lee and Gary presented evidence from multiple fact and expert witnesses to prove that the treatment provided to the patient occurred in a genuine medical emergency.  Therefore, he enjoyed the protection of the South Carolina Emergency Medical Treatment statute giving physicians protection from liability unless they are grossly negligent in their treatment.  The jury agreed with the defense and returned a unanimous verdict in favor of the physician and the practice group

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Doug MacKelcan recently defended a gynecologic surgeon in Lancaster County against claims of a ureteral injury as the result of negligence in performance of an open hysterectomy surgery. Although a verdict was returned in favor of the Plaintiff, the amount awarded was significantly less than the economic and non-economic damages sought from the jury.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell obtained a defense verdict in a week-long medical malpractice trial in Spartanburg, South Carolina. Plaintiff was a 46-year old who suffered injuries including hip fractures and dislocation in an automobile accident in August 2010. The Defendant orthopedic surgeon saw Plaintiff in the ER and reduced the hip dislocation. The Defendant also saw Plaintiff for follow up over the ensuing months, during which Plaintiff’s hip pain never resolved. The Defendant ultimately performed a hip replacement surgery on Plaintiff. Following the surgery and after initially improving, Plaintiff experienced hip pain and complained of an awkward gait and leg length differential. Plaintiff sued the orthopedic surgeon alleging he performed an unnecessary hip replacement procedure and performed the surgery incorrectly leading to a leg length discrepancy. Plaintiff sought over $400,000 in damages. The jury returned a defense verdict after deliberating for 35 minutes.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Kristen Thompson defended a physician who was accused of medical malpractice in his treatment of Plaintiff in the emergency room. During the trial, Plaintiffs argued the defendant doctor failed to recognize the signs and symptoms of an ischemic stroke and administer tPA (tissue plasminogen activator) accordingly.  Gary and Kristen presented evidence through medical fact witnesses and expert testimony that this patient’s symptoms were inconsistent with a stroke, and the emergency room physician’s work up of altered mental status was appropriate. They further presented evidence that this patient was ineligible for tPA administration as she did not meet strict inclusion and exclusion criteria under the American Heart Association’s Stroke Guidelines for tPA Administration. Gary and Kristen  also offered expert testimony on the questionable effectiveness of tPA in stroke patients as evidenced in the medical literature. The jury agreed with the defense and returned a unanimous verdict in favor of the physician in less than 40 minutes.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Alyssa Rogers and Gary Lovell recently obtained a dismissal for a sporting events licensor in a wrongful death case. The case involved decedent plaintiff falling from the bleachers at a gymnastics event and hitting his head on the ground. Plaintiff’s estate sued our client along with the gymnastics business entity and business owner. After filing a motion for summary judgment, plaintiff filed a dismissal with prejudice as to our client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Doug MacKelcan recently obtained a defense verdict for a national healthcare staffing company in wrongful death case, after a two-week trial in Beaufort County, South Carolina. During the trial, Plaintiff argued that the company’s nurses and doctor were negligent in their treatment of a patient and that the company was negligent in its retention of the treating doctor. Gary and Doug presented evidence from fact and expert witnesses that proved the nurses and doctor treated the patient appropriately and that the company’s retention of the doctor was reasonable. The jury quickly returned a unanimous verdict for the defense.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

June 2015 – Doug MacKelcan and Gary Lovell obtained a dismissal with prejudice for a Gastroenterologist and his practice who were sued in a wrongful death case in Horry County, South Carolina. Plaintiff alleged that the Gastroenterologist deviated from the standard of care when he was contacted as the on-call specialist. After extensive discovery, Doug and Gary were able to convince the Plaintiff that the doctor’s involvement neither deviated from the standard of care nor caused the patient’s death.    

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

January 2015 – Gary Lovell and Doug MacKelcan obtained a dismissal with prejudice for two Gynecological surgeons in a medical malpractice case in York County, South Carolina. The Plaintiffs alleged the doctors deviated from the standard of care when called to perform emergency surgery on a patient who had recently delivered a baby by C-section. Through extensive discovery and a pending Motion for Summary Judgment, Gary and Doug convinced Plaintiffs that the doctors’ treatment of the patient met the standard of care and a dismissal with prejudice was warranted.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On September 4, 2015, D. Gary Lovell, Jr. and Lee C. Weatherly obtained a defense verdict for an obstetrician and the practice group in a medical malpractice case filed in Beaufort County, South Carolina.   During the trial, the Plaintiffs claimed that during their minor child's delivery, the defendant doctor was confronted with the medical emergency known as shoulder dystocia.  The Plaintiffs alleged that the defendant doctor negligently pulled on their minor child's head during the shoulder dystocia event in order to complete his delivery.  Plaintiffs claimed that this alleged excessive traction caused the child to suffer permanent injuries to the brachial plexus nerves in his arm, forever rendering it impaired.  However, Lee and Gary presented evidence from multiple fact and expert witnesses to prove that, not only did the physician not use excessive traction during the delivery, she actually saved the child's life due to her heroics in the delivery room.  The jury agreed with the defense and quickly returned a unanimous verdict in favor of the physician and the practice group.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Kristen Thompson successfully defended a medical device manufacturer that provided bio-med maintenance for equipment within hospitals. The company received indemnity notice from a hospital named in a medical malpractice lawsuit. Through targeted investigation the matter was successfully negotiated and resolved for a nominal amount without the company being added to the lawsuit.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Kristen Thompson successfully defended respironics manufacturer in pre-suit products liability matter involving the death of a six month old infant girl. It was proven through pre-suit investigation that the death was not caused by any defect with the product and the matter was dropped and not pursued to suit.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Gary Lovell and Lee Weatherly secured a dismissal for their client, an urgent care physician’s assistant, in Charleston, South Carolina medical malpractice case. The Plaintiff was the wife of a man who died of a subdural hematoma after falling and hitting his head in 2009. Plaintiff claimed that the physician’s assistant was negligent in her treatment of the man at a local urgent care center.  Although Plaintiff became unresponsive shortly after the physician’s assistant’s examination, Plaintiff claimed that the patient could have survived the subdural hematoma had he been sent via ambulance to the nearest Level 1 Trauma Center at the conclusion of the physician assistant’s examination.  Lee and Gary secured numerous experts to defend the physician’s assistant, both on causation and standard of care, and began preparing the case towards trial.  However, during discovery  it was uncovered that the Plaintiff’s neurology expert had a criminal background involving allegations of public indecency in the presence of children.  As this was Plaintiff’s only expert that could establish a causal link between the physician assistant’s alleged negligence and the cause of the man’s death, Plaintiff dismissed her case, without payment, rather than “expose” this expert to cross examination at trial.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Gary Lovelland Lee Weatherly secured a dismissal with prejudice for their client, a family practice physician, in a Spartanburg, South Carolina medical malpractice case. The Plaintiff was the husband of woman who died of lung cancer in 2009. Plaintiff claimed that the physician was negligent in reading a 2007 chest x-ray performed as part of routine physical examination. Plaintiff claimed that if the doctor had properly read the deceased’s chest x-ray, or sent the x-ray to a radiologist to be over-read, the deceased’s lung cancer would have been diagnosed in 2007 instead of in 2009 and that she would have survived. After aggressively establishing a solid defense for the family physician, Plaintiff agreed to dismiss the case, with prejudice, without payment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On February 5, 2014 D. Gary Lovell, Jr. and Lee Weatherly obtained a defense verdict for a surgeon and his practice group, in a wrongful death medical malpractice case filed in Charleston County, South Carolina. In the two week trial, the Plaintiff's estate claimed that the doctor failed to properly respond to post-operative complications, leading to their father's death. Nevertheless, the jury returned a unanimous verdict in favor of the physician.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On January 17, 2014, D. Gary Lovell, Jr., Lee Weatherly and Kristen Thompson obtained a defense verdict for a surgeon and his practice group, in a medical malpractice case filed in Richland County, South Carolina. In the trial, the Plaintiff claimed that the doctor failed to properly monitor him after he had his appendix removed by another surgeon during an exploratory abdominal surgery. Plaintiff's small bowel was perforated during the procedure leading to an infection and eventually necessitating a number of corrective surgeries to repair the injury. Plaintiff claimed that if our client had properly monitored his post-operative condition, the injury could have been repaired before the severe infection occurred. Nevertheless, the jury determined that the doctor met the standard of care and returned a unanimous verdict in favor of the physician and his practice group.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Gary Lovell and Brian Spitler obtained a denial of certiorari to the United States Supreme Court for a local General Surgeon accused of medical malpractice. The plaintiff sought certiorari to the United States Supreme Court arguing that she did not receive a fair trial in the State Court of Fulton County. The Court denied certiorari upholding a jury verdict in the Surgeon’s favor.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Jeff Crudup recently obtained a jury verdict on behalf of their obstetrician clients in Lexington County State Court. The case arose when a baby sustained lacerations on her cheek during a Caesarian section birth. The lacerations left several visible scars. Plaintiffs sued the practice group and physician alleging that the obstetrician made improper cuts into the uterine wall which led to the lacerations. At trial, Gary and Jeff successfully argued that the obstetrician performed the procedure within the standard of care and lacerations to babies’ cheeks are a known and accepted complication of Caesarian births. After deliberating for three hours, the 12-person jury returned a defense verdict.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On March 8, 2013 a Florence County, South Carolina jury returned a defense verdict for a CCS client and nationally renowned specialist in the field of robotic surgery. Our client was named in a multi-party lawsuit over complications following a robotic prostatectomy in 2007. The physician was serving as the surgical proctor for the two primary surgeons, who were completing their eighth robotically assisted prostatectomy. Undetected by the primary surgeons, a portion of the patient’s prostate gland remained inside the patient’s body after the surgery. The primary surgeon subsequently chose to irradiate the patient, which resulted in radiation-induced urinary strictures and resultant bladder diversion. Our physician client contended that, as a proctor, he did not have a physician/patient relationship in his role. We presented evidence that the client never met the patient prior to surgery, was not given hospital privileges to participate in the surgery or a temporary medical license in South Carolina. He also contended that the error in leaving prostate tissue behind was one that could not be detected visually by anyone observing the surgery outside the controls of the robot. Plaintiff sought $4,500,000 in damages at trial. All other defendants settled or were dismissed prior to trial. After a one week trial, the jury exonerated the physician by a special verdict form finding that no physician/patient relationship existed between the proctor and the patient. Carlock Copeland Attorneys Gary Lovell, Lee Weatherly and Kristen Kelley represented the physician at this trial. This victory will help ensure that proctors and other teachers in the medical field can continue to come to South Carolina and share specialty knowledge and new medical technology and techniques without fear of implication in the alleged malpractice of other providers.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Gary Lovell and Lee Weatherlysecured a dismissal with prejudice for their client, an Ob-Gyn, in a York, South Carolina medical malpractice case. The Plaintiffs were a mother and her child who was born premature at 25 weeks and suffers from several developmental delays. Plaintiffs claimed that when the mother presented to the emergency room, Gary and Lee’s Ob-Gyn client, who was on call, breached the standard of care by failing to come to the emergency room and examine the mother for reported vaginal discharge. Plaintiffs claimed that if the doctor had come to the ER after speaking with the labor and delivery nurse on the telephone about the patient, he would have hospitalized the mother and undertaken treatment to delay the delivery of the child. The Plaintiff also claimed that the mother should have been treated with antibiotics before birth. After aggressively establishing a solid defense for the Ob-Gyn, Plaintiff agreed to dismiss him from the case, with prejudice, without payment. For more information on the case, contact Lee at lweatherly@cskl.law or Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Lee Weatherly and Gary Lovellrecently prevailed before the 4th Circuit Court of Appeals, affirming the dismissal of a class action case where Lee and Gary represented a North Carolina eye surgeon. In this suit, the class representative claimed that a number of ophthalmologist eye surgeons and their employer, a national corporation, conspired together to violate the Federal Racketeer Influenced and Corrupt Organizations Act (RICO). The Plaintiff alleges that all of the Defendants conspired together to fraudulently misrepresent and hide from patients the fact that negligent medical care had been rendered. The Plaintiff alleges that the national corporation developed, and all Defendants utilized, an electronic data system to further the conspiracy to delay disclosure of the alleged negligent care to patients until after the state statute of limitations had expired. Lee and Gary’s client adamantly denied providing negligent care to any patients or participating in any conspiracy. The South Carolina District Court dismissed the class action for a number of reasons and the Fourth Circuit Court of Appeals recently upheld the lower court’s dismissal. For more information on the case, contact Lee at lweatherly@cskl.law or Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Gary Lovelland Lee Weatherlysecured a dismissal with prejudice for their client, a general surgeon, in a Columbia, South Carolina medical malpractice case. The Plaintiff alleged that after his now deceased mother underwent cardiac bypass surgery she developed a medical condition called Ogilvie’s Syndrome. Plaintiff alleged that this condition resulted in a buildup of fluid and gas in his mother’s colon, causing a rupture or perforation and leading to her death. Plaintiff alleged that Gary and Lee’s surgeon did not recognize the patient's ischemic colon in a timely fashion and improperly delayed performing surgery on the patient by approximately 12 hours. After aggressively establishing a solid defense for the surgeon, Plaintiff agreed to dismiss him from the case, with prejudice, without payment. For more information on the case, contact Lee at lweatherly@cskl.law or Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partners Lee Weatherly and Gary Lovell recently prevailed in the South Carolina Court of Appeals for a physician client in a case of first impression relating to South Carolina's pre-suit expert affidavit requirement under the 2005 Tort Reform Legislation. The Court of Appeals affirmed a York County trial court judge finding that the Notice of Intent Statute, and South Carolina Law, mandate the filing of a contemporaneous expert affidavit alleging one act of negligence when Plaintiff files a Notice of Intent to sue a medical professional. Plaintiff argued, in opposition, that the general provisions of the 2005 Tort Reform Legislation in South Carolina automatically grant a Plaintiff an additional 45 days to file an expert affidavit in the Notice of Intent phase of the litigation when he is within 10 days of the expiration of the statute of limitations. The Court of Appeals ruled that this argument was not persuasive and upheld the trial court's ruling, striking the Notice of Intent to File Suit from the record and ending the case. Contact Lee Weatherly at lweatherly@cskl.law or Gary Lovell at glovell@cskl.lawfor more information. For a copy of the full published opinion see http://www.sccourts.org/opinions/HTMLFiles/COA/4935.htm.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell and Doug MacKelcan obtained a defense verdict for a national auto parts store in a premises liability case after a two day trial in Charleston County, South Carolina. In this case, Plaintiff fell as she was exiting the store and broke her finger, requiring emergency surgery and months of physical therapy. Plaintiff claimed the store failed to remedy a dangerous condition that caused Plaintiff to fall; however, the jury determined that the store was not negligent in its maintenance and supervision of the premises and returned the defense verdict after approximately two hours of deliberation.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

D. Gary Lovell, Jr. and Lee Weatherly obtained a defense verdict for a surgeon and his practice group, in a medical malpractice case filed in York County, South Carolina. In the trial, the Plaintiff claimed that the doctor failed to properly perform an open cholecystectomy (gall bladder removal) that had been converted from a laparoscopic procedure. Plaintiff's common bile duct was transected during the procedure necessitating two corrective surgeries to repair the injury. Nevertheless, the jury determined that the doctor met the standard of care and returned a unanimous verdict in favor of the physician after deliberating for approximately four hours.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Lee Weatherly and Gary Lovell recently won a Motion to Dismiss in United States District Court for the District of South Carolina on behalf of a correctional health care organization. In their Motion to Dismiss, Lee and Gary asked the Court to dismiss Plaintiff's action for negligence against their client for failure to state a claim. Lee argued that Plaintiff's failure to correctly follow South Carolina's pre-suit requirements to bring an action for the alleged negligence of a health care provider warranted dismissal. Plaintiff countered that the pre-suit requirements to bring a negligence action against a health care provider in South Carolina were procedural and not mandatory in Federal Court. Plaintiff also argued that the South Carolina pre-suit requirements to bring an action for negligence against a medical provider were unconstitutional. The Court ruled that to file an action for medical malpractice in a South Carolina Federal Court, even if the terms "medical negligence" or "medical malpractice" are not specifically used in the Complaint, a Plaintiff must fully comply with the pre-suit requirements of South Carolina law. As Plaintiff had failed to comply with these requirements to bring an action for medical malpractice in South Carolina, the Court dismissed Lee and Gary's client from the suit. For more details on this case contact Lee Weatherly at lweatherly@cskl.law or Gary Lovell at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Lee C. Weatherly and D. Gary Lovell were successful in obtaining summary judgment in United States District Court for a private organization providing health care to a correctional institution in Lexington County, South Carolina. Plaintiff was the estate of an inmate at the Lexington County Detention Center who committed suicide by hanging in 2007. Following the inmate's death, Plaintiff filed an action against, among others, the correctional healthcare organization pursuant to 42 U.S.C. § 1983. However, Lee argued that Plaintiff failed to bring forth any evidence that the private health care organization had a specific written or unwritten “policy or custom” that caused injury to the inmate, as is required to bring a cause of action against an organization under 42 U.S.C. § 1983. Lee also argued that Plaintiff failed to set forth any specific allegations against the private health care organization which rose to the level of deliberate indifference to the inmate's medical needs. The Judge found these arguments persuasive and ruled that the Plaintiff had failed to bring forth sufficient evidence to oppose the motion, dismissing the 42 U.S.C. § 1983 claim with prejudice. For more details on the case, contact Lee at lweatherly@cskl.law or Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner Gary Lovell and Associate Lee Weatherly recently won a Motion to Dismiss for their client, a hematologist, in a Charleston, South Carolina medical malpractice case. The Plaintiff alleged that the hematologist was negligent in his management of the Plaintiff's care after he underwent a splenectomy. The Plaintiff contended that the hematologist neglected to diagnose a post-surgical infection leading to an unnecessary cholecystectomy and months of unnecessary complications including pulmonary insufficiency, respiratory insufficiency and renal failure. As required under South Carolina law, the Plaintiff filed the supporting affidavit of a medical expert with his Notice of Intent to File Suit. However, the expert (a California surgeon) died in the days before the affidavit was filed with the Court. Lee argued to the Court that Plaintiff's Notice of Intent to File Suit was deficient and invalid because the Plaintiff failed to file an affidavit of a living expert witness contemporaneously with their Notice of Intent to File Suit as required under South Carolina law. Second, he argued that Plaintiffs Notice of Intent to File Suit was deficient and invalid because the Plaintiff's expert witness was not Board Certified in hematology nor did he actively practice in that area. Finally, he argued that Plaintiffs failed to file a Summons and Complaint within the time requirements mandated by South Carolina law. The Judge found these arguments persuasive and ruled that the hematologist be dismissed with prejudice. For more information on the case, contact Lee at lweatherly@cskl.law or Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner Gary Lovell and Associate Lee Weatherly were successful in obtaining summary judgment in Charleston, South Carolina for a local urgent care facility in a wrongful death, medical malpractice case. The Plaintiff alleged that one of the facility's physicians and his physician's assistant were negligent by failing to send the patient to the hospital, or directly contacting her gastroenterologists, when she was seen for continuing abdominal pain and weight loss of over 125 pounds. The Plaintiff claimed that at the time of the visit the patient was suffering from chronic mesenteric ischemia, which resulted in her death only weeks after her visit to the urgent care facility. In their motion for summary judgment, and at the motion hearing, Lee argued that the Plaintiff's expert could not state to the requisite degree of medical certainty that had the patient been admitted to the hospital, or her gastroenterologist been contacted, her death could have been avoided. Therefore, the urgent care facility was entitled to summary judgment on the element of proximate cause. The Judge found this argument persuasive and ruled that the Plaintiff had failed to bring forth any evidence of proximate cause and dismissed the case with prejudice. For more information on the case, contact Lee at lweatherly@cskl.law or Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner Gary Lovell was successful in obtaining a defense verdict in Fulton County for a local General Surgeon accused of medical malpractice. The State Court jury returned a defense verdict after several hours of deliberation on April 1st. The plaintiff alleged that our client negligently removed a healthy kidney and adrenal gland during a routing laparoscopic gallbladder removal surgery. The defense team, led by Gary, convinced the jury that our surgeon client properly removed all abnormal appearing tissue, including the adrenal gland and kidney, in connection with surgery for removal of a suspected cancerous mass. The mass was determined to be benign on subsequent pathological study. The case has not been appealed and the judgment in favor of our client is final. For more information on the case, contact Gary at glovell@cskl.law.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell obtained a defense verdict in a one week medical malpractice and wrongful death case in Fulton County State Court where they defended a cardiologist accused of failing to diagnose and treat the decedent's cardiovascular disease. The suit arose after the decedent suffered a sudden cardiac death in 2005. The Plaintiff alleged that the defendant cardiologist failed to properly counsel her husband on his cardiac condition and to communicate with the referring physician. The defense presented evidence that the defendant cardiologist properly diagnosed and counseled the decedent. The jury returned a verdict in favor of the Defendants in an hour.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner Gary Lovell and Associate Lee Weatherly recently prevailed for our physician client in a case of first impression relating to South Carolina's "Expert Affidavit" requirement under the 2005 Tort Reform Legislation. The defense team obtained a favorable ruling from the trial judge finding that the Notice of Intent Statute, and South Carolina Law, require and mandate the filing of an expert affidavit alleging one act of negligence at the time Plaintiff files a Notice of Intent to sue a medical professional. Plaintiff argued, in opposition, that the general provisions of the "Expert Witness" laws in South Carolina automatically grant a Plaintiff an additional 45 days to obtain and file an expert affidavit in the Notice of Intent phase of the litigation. The case is currently on appeal to the Court of Appeals of South Carolina. A ruling is expected in the summer of 2010. Contact Gary Lovell at glovell@cskl.law for more information.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

D. Gary Lovell, Jr. and Lee Weatherly obtained a defense verdict for a OB/GYN and his practice group, in a medical malpractice case filed in York County, South Carolina. In the trial, the Plaintiff claimed that the doctor failed to diagnose preeclampsia in a pregnant patient. The day after her visit to the OB/GYN the Plaintiff suffered an apparent seizure which she claimed caused her permanent injuries, leaving her unable to care for herself. Plaintiff also claimed her seizure caused the death of her child 2 1/2 years after her emergency birth. However, the jury determined that there was no evidence of preeclampsia on the patient's last visit and the doctor met the standard of care in his treatment. The jury returned a unanimous verdict in favor of the physician after deliberating for approximately two hours.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On January 14, 2009 Gary Lovell and Andrew Countryman obtained a rare defense verdict in the trial of a motor vehicle accident case in Hampton County, South Carolina. In the case, the Defendant driver "rear-ended" the Plaintiff while operating an employer owned vehicle. Plaintiff was turning right into a narrow private driveway at the time of the collision. Defense counsel argued that the Plaintiff did not give sufficient warning to oncoming traffic of her intent to stop or slow considerably during her turn, resulting in her unexpectedly blocking most of the travel lane. Plaintiff claimed significant injuries and ongoing medical treatment, including permanent spinal injuries, aggravation of pre-existing bi-polar disorder, with permanent disability and inability to work as a nurse. Plaintiff's vocational expert Dr. Vanderkolk and her economist Dr. Oliver Wood estimated Plaintiff's past and future special damages in excess of $759,000, plus pain and suffering. After an hour of deliberation, the jury returned a special verdict finding the Plaintiff 70 percent at fault for the accident and the Defendant 30 percent. Under South Carolina's comparative negligence laws, that verdict resulted in a Judgment for the Defendants. Judge Wellmaker of Pickens County presided over the trial in Hampton County. This is one of the few reported Defense verdicts in Hampton County. The case has been resolved in post-judgment negotiations.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner Gary Lovell defended a commercial trucking company and its driver in a case involving catastrophic injuries arising out of a rear-end collision. The plaintiff, also driving a commercial tractor and trailer, was rear-ended by the defendant driver at a high rate of speed resulting in a tractor fire and significant injury to the plaintiff. The plaintiff was no longer able to work as a result of the injuries sustained in the collision. The plaintiff had multiple surgeries and alleged that future surgeries were likely. Damages were highly disputed. The case was tried before a jury in Savannah, Chatham County, Georgia. After effective and vigorous negotiation, defense counsel proposed a high-low arrangement and plaintiff’s counsel agreed. The jury returned a verdict of $1,050,000, but based on the high-low agreement, defense counsel limited their clients’ exposure to $600,000.00.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

D. Gary Lovell, Jr. and Lee C. Weatherly were granted summary judgment for three defendant cardiologists, and their practice group, who were sued in York County, South Carolina for allegedly failing to meet the standard of care in their treatment of a post-surgical patient, leading to his wrongful death. Gary and Lee argued that the Plaintiff had failed to bring forth adequate expert testimony to sustain a medical malpractice case in South Carolina and that there was no issue of material fact on any of the Plaintiff's allegations. Summary judgment was granted in the Court of Common Pleas of York County on June 20, 2008.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

During a recent trial held in the State Court of Fulton County before Judge Fred C. Eady, the Plaintiffs alleged that the Defendant vascular surgeon breached the standard of care by failing to provide sufficient length of graft material when he performed an axillobifemoral bypass procedure causing the Plaintiff to suffer a disruption requiring surgical repair. The Plaintiffs also alleged that the disruption caused permanent nerve damage, loss of full use of the right arm, tremendous bleeding, shock and a subsequent heart attack. The Plaintiffs asked for monetary damages, including medical expenses, past, present and future pain and suffering, and loss of consortium. The jury deliberated for 4 1/2 hours before returning a defense verdict. Gary Lovell tried the case on behalf of the Defendant vascular surgeon and surgery group.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell represented a commercial rail company and its driver (who failed to appear at trial) in the Southern District of Georgia, in a truck wreck case where the husband and wife Plaintiffs alleged that the Defendant driver was negligent in causing a catastrophic collision causing permanent, disfiguring and debilitating physical injuries to both. Plaintiffs also alleged that the commercial employer was negligent in hiring, retaining and supervising its driver. Plaintiffs sought punitive damages against both Defendants. Plaintiffs had medical specials of approximately $1.3 million. There were no pre-existing conditions before the accident other than hypertension and prior cervical fracture for the husband Plaintiff. Plaintiffs brought four doctors, an economist, life-care planner, commercial industry expert, and reconstructionist to testify. Defendants' experts included a vocational rehabilitation expert and accident reconstructionist. In closing, Plaintiffs asked the jury to award in excess of $10 million. Plaintiffs' last settlement demand was $7.5 million. Defendants' last offer was $5.5 million. The Jury returned a verdict in favor of Plaintiffs for $4.5 million with no award for punitive damages.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell obtained a defense verdict in a one-week medical malpractice trial in Gwinnett County Superior Court. Plaintiff's allegations were that the Defendant OB/GYN physician performed an unnecessary hysterectomy on a then 21 year-old female. Plaintiff further alleged that the plaintiff did not consent to this procedure. The jury disagreed and found that the defendant doctor met the standard of care in his treatment of this patient and that the patient's consent for surgery was properly obtained.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner D. Gary Lovell, Jr. and Associate Lee Weatherly obtained a defense verdict for a cardiologist group, in a medical malpractice wrongful death case filed in York County, South Carolina. In the week-long trial, the deceased's estate claimed that the Defendant's employee doctor failed to properly treat the deceased for her heart attack when he was summoned by the emergency room doctor. However, the jury determined that the employee doctor met the standard of care and returned a verdict in favor of the cardiologist group after deliberating for only an hour and half.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Gary Lovell won a defense verdict in a recent medical malpractice trial for a Georgia Neurologist. The Plaintiff contended that the Defendant neurologist did not adequately evaluate and protect her from falling and developing intracranial bleeding as a result of a treatment with the anti-coagulant medication heparin for a condition of venous sinus thrombosis. Plaintiffs further contended that the doctor did not adequately evaluate the patient after the fall and failed to order an emergent CT scan to evaluate her for intracranial bleeding. The physician denied all allegations of negligence and further contended that the intracranial bleeding was caused by the underlying presenting medical condition of venous sinus thrombosis, and not as a result of the fall from the hospital bed. The jury deliberated 2 hours before returning a defense verdict for our client.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Partner Gary Lovell obtained a defense verdict for a local nephrologist and his practice following a two week wrongful death trial in Orangeburg, SC. In the trial, the estate of the patient contended that the nephrologist failed to recognize the severity of the Plaintiff's condition and failed to transfer her to the ICU in a timely manner. The estate contended that this earlier transfer could have prevented her death. The jury disagreed and rendered a defense verdict on behalf of the nephrologist and his practice. The jury did award a verdict of $500,000 against the co-defendant hospital.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

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 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 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@cskl.law if you would like our attorneys to present in-house lunch & learn sessions or webinars.  

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's 2016 Annual Meeting from October 19-23 at the Sheraton Boston Hotel and Hynes Convention Center in Boston, MA.

Gary Lovell attended the Trucking Industry Defense Association (TIDA) 24th Annual Seminar from October 12–14 in Baltimore, MD.

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 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” conference on May 19 and 20th at The Breakers Hotel in Palm Beach, Florida.

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 on April 14, 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

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.

Gary Lovell attended the Trucking Industry Defense Association (TIDA) meeting held October 26-28 in San Antonio, Texas. Please click here for more information.

Carlock, Copeland & Stair, 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 2018. 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: 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 Laura Paris Paton Tyler P. Winton  

Carlock, Copeland & Stair, 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 2018. 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: Thomas S. Carlock Wade K. Copeland Eric J. Frisch Johannes S. Kingma D. Gary Lovell, Jr. Rolfe M. Martin 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: Lauren E. H. Meadows Jay M. O'Brien

Carlock, Copeland & Stair LLP congratulates the following attorneys who have been selected by their peers for inclusion in The Best Lawyers in America 2018®. These attorneys practice in commercial litigation, medical malpractice law, personal injury litigation, construction law, construction litigation, and insurance law. In addition, Gary Lovell has been named Best Lawyers’ 2018 “Lawyer of the Year® for Medical Malpractice – Defendants (Charleston, SC). Thomas S. Carlock • Commercial Litigation (Atlanta, GA) • Medical Malpractice Law – Defendants (Atlanta, GA) • Personal Injury Litigation – Defendants (Atlanta, GA) • Best Lawyers® Since 1991 Kent T. Stair • Construction Law  (Atlanta, GA; Charleston, SC) • Legal Malpractice Law (Atlanta, GA; Charleston, SC) • Litigation – Construction (Atlanta, GA; Charleston, SC) • Best Lawyers® Since 2006 Fred M. Valz, III • Insurance Law (Atlanta, GA) • Best Lawyers® Since 2013 Johannes S. Kingma • Legal Malpractice Law – Defendants (Atlanta, GA) • Best Lawyers® Since 2009 D. Gary Lovell, Jr. • Medical Malpractice Law – Defendants (Atlanta, GA; Charleston, SC) • Personal Injury Litigation – Defendants (Atlanta, GA; Charleston, SC) • Lawyer of the Year®, Medical Malpractice – Defendants (Charleston, SC) • Best Lawyers® Since 2013 Rolfe M. Martin • Medical Malpractice Law – Defendants (Atlanta, GA) • Best Lawyers® Since 2017 Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers® is based on an exhaustive peer-review survey. More than 83,000 leading attorneys globally are eligible to vote, and Best Lawyers received more than 13 million votes on the legal abilities of other lawyers in their practice areas around the world, with more than 7 million votes being cast in the United States. Lawyers are not required or allowed to pay a fee to be listed, therefore inclusion in Best Lawyers® is considered a singular honor. Corporate Counsel magazine has called Best Lawyers® “the most respected referral list of attorneys in practice.” Please click here for Press Release. For additional information, please visit https://cskl.law/. (Copyright 2015 by Woodward/White, Inc., of Aiken, SC)

Trucking and Transportation Litigation and Emergency Rapid Response Team Establish Emergency Rapid Response 24 Hour Line: 1.844.519.7831. Click here for more information.

Carlock, Copeland & Stair, LLP is proud to announce that several of our lawyers have been selected for inclusion on the Super Lawyers® and Rising Stars® lists for 2017. 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 Fred M. Valz, III - Insurance Coverage Rising Stars® Shannon M. Sprinkle - Professional Liability: Defense

Carlock, Copeland & Stair LLP congratulates the following attorneys who have been selected by their peers for inclusion in Best Lawyers in America® 2017: From Our Atlanta Office: Thomas S. Carlock

• Commercial Litigation
• Medical Malpractice Law – Defendants
• Personal Injury Litigation - Defendants
• Best Lawyers® Since 1991

• Legal Malpractice Law – Defendants
• Best Lawyers® Since 2009

• Insurance Law (Atlanta, GA)
• Best Lawyers® Since 2013

• Medical Malpractice Law - Defendants (Atlanta, GA; Charleston, SC)
• Personal Injury Litigation - Defendants (Atlanta, GA; Charleston, SC)
• Best Lawyers® Since 2013

• Construction Law –Charleston (Atlanta, GA; Charleston, SC)
• Legal Malpractice Law – Defendants (Atlanta, GA; Charleston, SC)
• Litigation – Construction (Atlanta, GA; Charleston, SC)
• Best Lawyers® Since 2006

Gary Lovell attended DRI’s 2016 Trucking Seminar on April 14, 2016 at the Hyatt Regency, Chicago, IL. For more information, please click here.

February 19, 2016 Carlock, Copeland & Stair, LLP is proud to announce that 13 of our lawyers have been selected for inclusion on the Super Lawyers® and Rising Stars® lists for 2016. 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 Prcandidates 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 W. Dan McGrew, III - Professional Liability: 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® Brent A. Meyer - Construction Litigation Shannon M. Sprinkle - Professional Liability: Defense Peter Werdesheim - Professional Liability - Defense

Please join us at the upcoming DRI Insurance Coverage and Practice Symposium.  Fred Valz, Charlie McDaniel, Gary Lovell will be attending.  The event will be held December 3-4 in New York. DRI Annual Conference Brochure - December, 2015 For more information, please click here.

Carlock, Copeland & Stair LLP congratulates the following attorneys who have been selected by their peers for inclusion in The Best Lawyers in America® 2016: From Our Atlanta Office: Thomas S. Carlock

• Commercial Litigation
• Medical Malpractice Law – Defendants
• Personal Injury Litigation
• Best Lawyers® Since 1991

• Legal Malpractice Law – Defendants
• Best Lawyers® Since 2009

• Insurance Law (Atlanta, GA)
• Best Lawyers® Since 2013

• Medical Malpractice Law (Atlanta, GA; Charleston, SC)
• Personal Injury Litigation (Atlanta, GA; Charleston, SC)
• Best Lawyers® Since 2013

• Construction Law –Charleston (Atlanta, GA; Charleston, SC)
• Legal Malpractice Law – Defendants (Atlanta, GA; Charleston, SC)
• Litigation – Construction (Atlanta, GA; Charleston, SC)
• Best Lawyers® Since 2006

Carlock, Copeland & Stair, LLP is proud to announce that 17 of our lawyers have been selected for inclusion on the Super Lawyers® and Rising Stars lists for 2015. 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
• Wade K. Copeland
• Eric J. Frisch
• Johannes S. Kingma
• D. Gary Lovell, Jr.
• W. Dan McGrew
• David F. Root
• Douglas W. Smith
• Kent T. Stair
• Fred M. Valz, III

• John L. Bunyan
• Brent A. Meyer
• Heather H. Miller
• Shannon M. Sprinkle
• Peter Werdesheim

Carlock, Copeland & Stair congratulates Thomas S. Carlock, and Kent T. Stair for being selected as a 2015 Best Lawyers® “Lawyer of the Year” in different practice areas. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. In addition, congratulations to the following attorneys who have been selected by their peers for inclusion in The Best Lawyers in America® 2015: Thomas S. Carlock Commercial Litigation (Atlanta, GA) Medical Malpractice Law – Lawyer of the Year (Atlanta, GA) Personal Injury Litigation (Atlanta, GA) Best Lawyer® Since 1991 Kent T. Stair Construction Law - Lawyer of the Year, Charleston (Atlanta, GA; Charleston, SC) Legal Malpractice Law (Atlanta, GA; Charleston, SC) Litigation - Construction (Atlanta, GA; Charleston, SC) Best Lawyer® Since 2006 Fred M. Valz, III Insurance Law (Atlanta, GA) Best Lawyer® Since 2013 Johannes S. Kingma Legal Malpractice Law (Atlanta, GA) Best Lawyer® Since 2009 D. Gary Lovell, Jr. Personal Injury Litigation (Atlanta, GA; Charleston, SC) Best Lawyer® Since 2013 Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).

Gary Lovell discusses how a comparative negligence case may result in a victory for the proponents of the tort reform apportionment of damages in the March 27, 2014 issue of The Daily Report. Drunken Driver's Parents Can Press Claim A Georgia Court of Appeals panel this week issued a decision that favored the plaintiffs in the case at hand but could benefit defendants in the long run. Tuesday's decision was a win for the parents of Thomas "T.R." Reed, who was driving drunk when he died in a metro Atlanta highway accident in 2008. A trial judge had ruled Reed's negligence was so high that his parents couldn't win a suit against the operator and owner of the illegally parked truck that Reed's car hit, setting off a fire. Read more

Carlock, Copeland & Stair, LLP is proud to announce that 17 of our lawyers have been selected for inclusion on the Super Lawyers® and Rising Stars lists for 2014. 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
• Wade K. Copeland
• Kent T. Stair
• Douglas W. Smith
• David F. Root
• W. Dan McGrew
• Johannes S. Kingma
• D. Gary Lovell, Jr.
• Eric J. Frisch

• Shannon M. Sprinkle
• Peter Werdesheim
• Heather H. Miller
• Ryan B. Wilhelm
• John L. Bunyan
• Cheryl H. Shaw
• Brent A. Meyer

Nine lawyers from Carlock, Copeland & Stair were recently selected by their peers for inclusion in The Best Lawyers in America® 2014 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). The following attorneys are to be congratulated for their Best Lawyer® recognition: Thomas S. Carlock, Best Lawyer® Since 1991 Commercial Litigation, Medical Malpractice Law, Personal Injury Litigation (Atlanta, GA) Kent T. Stair, Best Lawyer® Since 2006 Construction Law, Legal Malpractice Law (Atlanta, GA; Charleston, SC) Fred M. Valz, III, Best Lawyer® Since 2013 Insurance Law (Atlanta, GA) Johannes S. Kingma, Best Lawyer® Since 2009 Legal Malpractice Law (Atlanta, GA) D. Gary Lovell, Jr., Best Lawyer® Since 2013 Personal Injury Litigation (Atlanta, GA; Charleston, SC)

A defense verdict obtained by Gary Lovell and Lee Weatherly was featured in the "And The Defense Wins" section of the June 19, 2013 publication of The Voice, a newsletter published by the Defense Research Institute (DRI). Read the full case summary in The Voice.

We are proud to announce that 14 of our lawyers have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars lists for 2013. Super Lawyers Thomas S. Carlock Wade K. Copeland Kent T. Stair Douglas W. Smith David F. Root W. Dan McGrew Johannes S. Kingma D. Gary Lovell, Jr. Eric J. Frisch 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. Rising Stars Shannon M. Sprinkle Peter Werdesheim Heather H. Miller Ryan B. Wilhelm John L. Bunyan 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.

Seven lawyers from Carlock, Copeland & Stair were recently selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). In addition, firm founder Thomas S. Carlock was named a Best Lawyer® for the eleventh year in a row as well as the 2013 “Lawyer of the Year” in the Atlanta Personal Injury Litigation category. Carlock has practiced in the civil trial arena in Georgia for 46 years and during that time has tried more than 500 jury trials. Throughout his career, Tom has handled a wide variety of civil litigation including medical malpractice, catastrophic injury including wrongful death, coverage disputes, and every other type of civil lawsuit imaginable. He has tried, to verdict, in excess of 75 wrongful death cases and more than 150 catastrophic injury cases. His skill and leadership have helped the firm to continue to grow from five attorneys to 89, many of which have been honored as well for their skill and commitment to the legal profession. The following Carlock, Copeland & Stair attorneys are to be congratulated for their Best Lawyer® recognition: Thomas S. Carlock, Best Lawyer® Since 1991 Commercial Litigation, Medical Malpractice Law, Personal Injury Litigation (Atlanta, GA) Kent T. Stair, Best Lawyer® Since 2006 Construction Law, Legal Malpractice Law (Atlanta, GA) Wayne D. McGrew, III, Best Lawyer® Since 2008 Personal Injury Litigation (Atlanta, GA) Fred M. Valz, III, Best Lawyer® Since 2013 Insurance Law (Atlanta, GA) Johannes S. Kingma, Best Lawyer® Since 2009 Legal Malpractice Law (Atlanta, GA) D. Gary Lovell, Jr., Best Lawyer® Since 2013 Personal Injury Litigation (Atlanta, GA) About Best Lawyers Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” Only a single lawyer in each practice area and designated metropolitan area is honored as a Best Lawyers' “Lawyer of the Year.” Lawyers being honored as “Lawyer of the Year” are selected based on particularly impressive voting averages received during the exhaustive peer-review assessments that Best Lawyers conducts with thousands of leading lawyers each year. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).

In the Spring 2012 issueof Georgia Motor Trucking Association's publication, Trux, Gary Lovell provides historical perspective and practical insights into defending against trucking claims in today's environment.

We are proud to announce that 14 of our lawyers have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars lists for 2012. Super Lawyers Thomas S. Carlock Wade K. Copeland Kent T. Stair Douglas W. Smith David F. Root W. Dan McGrew Fred M. Valz, III Johannes S. Kingma D. Gary Lovell, Jr. Eric J. Frisch 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 Lawyersundertakes 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. Rising Stars Shannon M. Sprinkle Peter Werdesheim Heather H. Miller John L. Bunyan 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.

Gary Lovell and Doug MacKelcan's defense verdict for a national auto parts store in a premises liability case was featured in the "And the Defense Wins" section of October 19th publication of The Voice, a newsletter published by the Defense Research Institute (DRI). To read the case summary in The Voice,click here.

We are proud to announce that 15 of our attorneys have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars lists for 2011. Super Lawyers Honorees Thomas S. Carlock Wade K. Copeland Kent T. Stair Douglas W. Smith David F. Root W. Dan McGrew Fred M. Valz, III Johannes S. Kingma D. Gary Lovell, Jr. Eric J. Frisch 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, Legal division based in Eagan, MN. 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. Rising Stars Honorees Shannon M. Sprinkle Peter Werdesheim Heather H. Miller Spencer A. Bomar Ryan B. Wilhelm Rising Stars is a listing of exceptional lawyers who are 40 years 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.

Gary Lovell presented at the annual South Carolina Insurance Coverage Litigation seminar sponsored by the National Business Institute. The conference was held on December 7, 2010 in Charleston, South Carolina. Gary discussed all aspects of Litigating the Insurance Claim. Please contact Patty O'Toole for more information on the seminar or to request presentation materials.

We are proud to announce that 15 of our attorneys have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars lists for 2010. Super Lawyers Honorees Thomas S. Carlock Wade K. Copeland Kent T. Stair Douglas W. Smith David F. Root W. Dan McGrew Fred M. Valz, III Johannes S. Kingma D. Gary Lovell, Jr. Eric J. Frisch 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, Legal division based in Eagan, MN. 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. Rising Stars Honorees Shannon M. Sprinkle John C. Rogers Pete Werdesheim Ryan B. Wilhelm Rising Stars is a listing of exceptional lawyers who are 40 years 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.

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 presented the topic of "Medical malpractice tort reform: Where are we now and where are we going?" at the South Carolina Defense Trial Attorneys Association meeting in Greensboro, Georgia. The meeting was attended by defense attorneys and Judges from around the state of South Carolina. Gary's presentation centered around the current state of the Notice of Intent to file suit proceedings, Obstetrical and emergency medicine exception to standard of care, and Noneconomic damage caps.

Lee Weatherly and Gary Lovell a gave a presentation in New York City on using the Affordable Care Act to cap future damages to a large nationwide insurance company. In this presentation, Lee and Gary used the real world example of a medical malpractice case where they are actively using the Affordable Care Act to attempt to limit claims for future medical ca. They also explained a number of cases nationwide where this strategy has been successful in reducing or eliminating life care plans submitted by plaintiffs. Lee and Gary outlined recommended strategies for using this revolutionary law in a strategic manner for the wide range of claims handled by this company. For more information about this presentation please contact Lee at lweatherly@cskl.law.  

Gary Lovell – Carlock, Copeland & Stair, Guy D. Perrier – Perrier & Lacoste, and Joe Loya – Fairmont Specialty Insurance Group presented “Experts: When & Why to Hire and Do We Really Need One?” at the Trucking Industry Defense Association (TIDA) Annual Industry Seminar in October 2014. The panel discussion explored the decisions facing claims professionals and legal counsel regarding identifying expert needs, timing of retention of experts, and use of experts before and during litigation. Gary Lovell and Guy Perrier, experienced transportation trial lawyers, and Joe Loya, an experienced claims professional, discussed the critical issues to be confronted when determining the need for retention of various experts during the claims investigation and litigation phases. The panelists also discussed:

• trends and strategies regarding experts,
• whether it is always necessary to retain and designate experts in response to opposing counsel’s retention of experts in various fields during litigation, and
• ideas on ways to reduce expert witness costs during all phases of claims handling and litigation.

Gary Lovell presented “Is Anything Left from the Tort Reform Laws of 2007? An Assessment of the Current Medical Malpractice Lawsuit Landscape in South Carolina” to the Columbia Medical Society on September 23, 2014.

This presentation provided an overview of the differences between commercial auto policies and other types of insurance policies, as well as educate on different aspects of trucking policies. The speakers also discussed regulatory filings necessary for commercial operation and explore complexities of state and federal filings. This presentation was given by Fred Valz, Gary Lovell, Erica Holzman and Beth Albright, at the Firm's Insurance Coverage and Bad Faith Seminar.

This article was written by: Gary Lovell and Erica Holzman for the Volume X - Issue 4 - 2013-2014 of the Carlock Copeland newsletter. In December, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) shut down 52 bus companies and decommissioned 340 vehicles for multiple and serious violations of the Federal Motor Carrier Safety Regulations which caused the FMCSA to deem these motor carriers a hazard to the public. According to the U.S. Department of Transportation, the FMCSA plans to continue to vigorously investigate and uncover dangerous patterns of unsafe behavior and business practices in 2014. It is important as a motor carrier to be aware of the different regulations that affect each aspect of their business and to take care to ensure compliance. Liability can be triggered by faltering in any of the following areas. Read more or Download the 2014 Motor Carrier Law Primer

Gary Lovell presented at the Lorman Seminar, "Trucking Litigation and D.O.T. Regulations in Georgia," on February 14, 2014. Gary provided information on duty of care of motor carriers, regulating the carrier and driver, driver's duty to report, driver qualification file, logging & hours of service, and defendant perspectives on litigating trucking cases during two different courses titled "Safety Regulations" and "Trucking Litigation for the Defendant Driver, Motor Carrier and Insurer's Perspective."

Gary Lovell presented on “Understanding The Plaintiffs Reptile Revolution” at the International Association of Defense Counsel (IADC) Transportation Subcommittee Meeting on February 9, 2014. The presentation discussed the origination of the “Reptile” theory, the fundamental tenets plaintiff’s counsel use, and some defense strategies to defuse the strategy.

Gary Lovell, Carlock of Copeland & Stair LLP and Matthew G. Moffett of Gray, Rust, St. Amand, Moffett & Brieske, LLP presented “The Reptile Revolution: Appeal to Juror’s Primitive Instincts” at the Trucking Industry Defense Association Annual Seminar in Orland, Florida. This presentation involved a defensive counter-strategy to the latest “reptile” strategy of the plaintiff’s bar. As defense lawyers, do we really believe and agree with the “reptile” strategy; that jurors are disinterested in rendering justice and can only be motivated to do the right thing if they are first convinced that their very survival is at risk? As certain plaintiff’s lawyers seek to convince jurors to do supposed justice, how can we defense lawyers put on the necessary armor to defeat these assaulting “reptile” lawyers so that truth and justice prevails?

"Evidence-Based Medicine in Medical Malpractice Litigation" and "Evidence-Based Medicine in the Courtroom" Two-part article co-written by Gary Lovell and Kristen Kelley. Medical Malpractice Law & Strategy, An ALM Publication. Volume 30, Number 7 & 8. April/May 2013.

"Notice of Intent to Sue: Procedure and Recent Decisions on Requirement for Medical Malpractice Expert Affidavit." Gary Lovell, Lee Weatherly, and Kristen Thompson. The Defense Line, the South Carolina Defense Trial Attorneys' Association's magazine. Volume 40, Issue 3. Fall 2012.

"Electronic on Board Recorders and the Future of Litigation." Gary Lovell (co-author). DRI Online Newsletter, In Transit. Volume 15, Issue 2. July 19, 2012.

In the Spring 2012issue of Georgia Motor Trucking Association's publication, Trux, Gary Lovell provides historical perspective and practical insights into defending against trucking claims in today's environment.

Litigating the Insurance Claim. Gary Lovell. NBI Annual South Carolina Insurance Coverage Litigation Seminar. December 7, 2010. Charleston, South Carolina.

Avoiding Legal Exposure and Dealing with Litigation. Gary Lovell. 2010 South Carolina Community Association Institute (CAI) Annual Conference. October 15, 2010 (Charleston, South Carolina).

"Your Best Defense." Gary Lovell. 2009 GMTA Annual Convention. June 22, 2009 (Hilton Head Island, SC).

Gary Lovell presented to the Georgia Motor Trucking Association's Safety Management Council on January 29, 2009. Lovell spoke on the best practices for truckers and trucking companies to implement, helping safeguard against certain claims and avoid litigation pitfalls.

"Advanced Level: What to Do When Your Company Suffers a Catastrophic Loss." D. Gary Lovell, Jr. Limousine & Chauffeured Transportation Magazine's 25th annual global trade show and conference. January 28, 2009 (Las Vegas, NV).

"Trucking Litigation and DOT Regulations." D. Gary Lovell, Jr. Lorman Seminar. December 2, 2008 (Norcross, GA).

"Recent Developments in Insurance Law in Georgia." Fred Valz and D. Gary Lovell, Jr. Atlanta, GA. 1997, 1993, 1992.

"Georgia Tort and Motor Carrier Law Overview." Fred Valz and D. Gary Lovell, Jr. Atlanta, GA.