| Joe Kingma Scheduled to Present to the Atlanta Bar Association
Joe Kingma will present "Risk Management During a Economic Downturn" to the Atlanta Bar Association's Sole Practitioner/ Small Firm Section on February 25, 2010.
Attorney Profile: Joe Kingma
Renee Little Scheduled to Present at the DRI Trucking Law Seminar
Renee Little will present "The Medicare Secondary Payer Statute and Implications on the Settlement Process" at the DRI Trucking Law Seminar - Trucking in 2010: Solutions For a New Decade on February 5, 2010. Click here if you would like to register.
Attorney Profile: Renee Little
Defense Verdict in Medical Malpractice Case
Eric Frisch and Jason Hammer successfully defended an obstetrician at trial. Plaintiffs alleged the doctor failed to recognize and/or document shoulder dystocia, resulting in a permanent and severe obstetrical brachial plexus palsy involving all of the nerves from C5 to T1. The case was tried to a defense verdict in DeKalb County.
Attorney Profiles: Eric Frisch Jason Hammer
David Overstreet presents seminar for NBI on Legal Malpractice
David Overstreet in the South Carolina office presented a seminar on "How to Avoid Being the Target of a Malpractice Claim" for the National Business Institute on December 15, 2009.
Attorney Profile: David W. Overstreet
Mike Ethridge Presented a Seminar for NBI
Mike Ethridge presented a seminar on Insurance Coverage Litigation for NBI. The Seminar was held in Greenville, SC on Tuesday, December 8th and in Charleston, SC on Thursday, December 10th. The seminar focused on Common Types of Insurance Coverage Disputes and Interpreting Coverage Under the Insurance Contract.
Attorney Profile: Mike Ethridge
Sharese Shields Presented at the GSBA Annual Conference
Sharese Shields presented "Student Discipline Issues: IDEA, Section 504 and OCR Investigations" with Tom Cox, a Solo Practitioner, at the GSBA's School Law Workshop on Thursday, December 3, 2009.
Attorney Profile: Sharese Shields
Summary Judgment for Lawyers Sued When Mixed-Use Development Failed
Andy Eaton, Shannon Sprinkle and Joe Kingma won Summary Judgment for an Atlanta lawyer accused of malpractice, breach of fiduciary duty, and fraud. The Plaintiff backed a multi-million dollar mixed-use development in Cartersville and sued after the project failed and he was called upon to satisfy his guaranty. In addition to his payment on the guaranty, the Plaintiff sought damages for lost investment opportunities, diminished credit rating, and more than $300,000 in attorney's fees. He claimed that the lawyer representing the borrower labored under conflicts of interest, owed him a duty, and gave bad advice. He bolstered his claim with the testimony of the author of a six volume Legal Malpractice Treatise, an Emory law professor, and one of the deans of the banking bar in Atlanta. Nonetheless, the Defendants’ Motion for Summary Judgment was granted. The case may be appealed so stay tuned for further developments.
Attorney Profiles: Andy Eaton Shannon Sprinkle Joe Kingma
Defense Verdict in Wrongful Death Case
Gary Lovell and Michelle Stock 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.
Attorney Profiles: Gary Lovell Michelle Stock
Chris Whitlock Presented at the Atlanta Bar Association Workers' Compensation Luncheon
Chris Whitlock presented "Ten Things the Other Side Does to Annoy Me" at the Atlanta Bar Association Workers' Compensation Section Luncheon Meeting on Friday, November 20, 2009.
Attorney Profile: Chris Whitlock
Defense Verdict in Trucking Case
On November 12, 2009, Fred Valz and Jessica Cabral obtained a defense verdict in a trucking case in Spalding County State Court. The lawsuit arose from a motor vehicle accident that occurred on a dark and foggy morning on a rural highway in Georgia. The Plaintiff rear-ended the Defendant's garbage truck, which was stopped partially in the highway. The Plaintiff alleged that the Defendant's truck was operating without any rear lights on at the time of the accident and produced two witnesses that saw the Defendant's truck without rear lights on shortly before the accident. The Plaintiff claimed she suffered a severe and permanent traumatic brain injury and could never return to gainful employment. The defense presented expert testimony that the Plaintiff did not have any cognitive deficits and could return to her previous job. After two and half hours, the jury returned a verdict in favor of the Defendants.
Attorney Profiles: Fred Valz Jessica Cabral
Summary Judgment in Mortgage Fraud Action
Pete Werdesheim and Lindsey Hettinger obtained summary judgment in a mortgage-fraud action brought against a lawyer in the Superior Court of Ben Hill County. After briefing and oral argument, Judge John C. Pridgen held that Plaintiffs' signing of the allegedly fraudulent closing documents without carefully reading them constituted a failure to exercise ordinary diligence. Plaintiffs argued that an attorney-client or other fiduciary relationship existed with the lawyer-defendant, thus eliminating their duty to read the closing documents. Judge Pridgen rejected this position as well and concluded, as the Carlock Copeland defense team argued, that the lawyer-defendant represented only the lender in the subject transaction.
Attorney Profiles: Pete Werdesheim Lindsey Hettinger
Defense Verdict in Federal Wrongful Death Case
Scott Huray and Jason Hammer successfully defended their client in the United States District Court, Northern District of Georgia, after the Defendant was sued for the wrongful death of a motorcyclist. The suit arose from a tragic motor vehicle accident that occurred in the north Georgia mountains. The Defendant was turning left into a church parking lot when the motorcyclist, traveling the opposite direction, came over the hillcrest and collided with the Defendant's vehicle. The motorcyclist died instantly as a result of his injuries. The Plaintiffs, supported by an accident reconstruction expert, argued that the motorcycle was in view, but the Defendant simply failed to yield while turning left. The defense included its own expert and showed that the motorcycle was not in view at the time of the turn and it was the motorcycle's excessive speed combined with the topography of the roadway that caused the accident. The jury returned a verdict in favor of the Defendant in less than thirty minutes.
Attorney Profiles: Scott Huray Jason Hammer
David Overstreet in South Carolina office presents program on Risk Management for Attorneys
David presented a program to South Carolina Real Estate lawyers on November 10, 2009 on risk management issues associated with handling residential real estate closings and the common claims being filed over related issues.
Attorney Profile: David Overstreet
Health Care Practice Group Partner Presented at the Annual Medical Malpractice Liability Seminar
Health Care practice group partner Eric Frisch presented at the 25th annual Medical Malpractice Liability seminar in Amelia Island. This year, Eric spoke about the defense of the clear liability catastrophic surgical case. The Medical Malpractice Liability seminar is 3 day statewide seminar that is open to all bar members.
Attorney Profile: Eric Frisch
Defense Verdict in Industrial Accident Case
Dave Root and Cheryl Shaw obtained a defense verdict in an industrial accident case in Bartow County. The plaintiff truck driver was dumping a truckload of materials at the defendant's landfill when he was struck in the side by an excavator operated by a landfill employee, causing several broken ribs and a punctured lung. The plaintiff claimed that the employee failed to keep a proper lookout and was negligent in operating the excavator. Dave and Cheryl argued that the plaintiff, a certified crane operator, assumed the risk of injury when he stepped into the path of the excavator and that the plaintiff failed to exercise appropriate caution for his own safety. After deliberating for less than an hour, the jury returned a verdict in favor of the defendants.
Attorney Profiles: Dave Root Cheryl Shaw
Defense Verdict in Medical Malpractice Case
Tom Carlock and Asha Jackson obtained a defense verdict in a two week medical malpractice case in Fulton County Superior Court where they defended a surgeon who was accused of delaying the diagnosis of a bowel leak after bariatric surgery. The attorneys argued that the doctor recognized the plaintiff's complications in a timely manner and returned her to surgery. However, due to the bowel perforation she had a prolonged recovery and expensive medical bills. After the jury deliberated they returned a verdict in favor of the defense.
Attorney Profiles: Tom Carlock Asha Jackson
Joe Kingma spoke at the ICLE seminar
Joe Kingma spoke on the preparation and examination of expert witnesses at the "Keep it Short And Simple...and Other Trial Tips" ICLE seminar at the Georgia State Bar on Friday, October 2, 2009
Attorney Profile: Joe Kingma
Joe Kingma Presented a Program on Risk Management and Prevention
Joe Kingma presented "Building a Solid Foundation" a program on risk management and prevention to attorneys in Mobile, AL on October 2, 2009; Atlanta, GA on November 19, 2009; and Birmingham, AL on November 20, 2009.
Attorney Profile: Joe Kingma
Carlock Copeland Quarterly Newsletter, Fall 2009
Volume 6 Issue 3: Fall 2009
Articles in this issue include:
- Medicare Secondary Payer Act and Liability Issues
- Failing Business Claims Threaten to Drown Professionals
- Medical Providers - Is Your Organization RAC Ready?
- Preparing to Mediate a Thorny Case
- Firm Announcements
- Speaking Engagements and Recent Victories
Click here to download the newsletter in its entirety. To subscribe to the newsletter, or to have your name included on our firm mailing list, click here.
Notice: The Carlock Copeland Quarterly is a periodic publication of Carlock, Copeland & Stair, LLP and should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult counsel concerning your own situation and any specific legal questions you may have.
Motion to Dismiss Granted in Legal Malpractice Case
A small law firm faced big liability when a client accused a former lawyer of stealing his settlement funds. But the lawsuit died on the vine a month later. A motion to dismiss filed by John Rogers and Andrew Eaton eliminated not only claims for legal malpractice claims but also claims for fraud, breach of contract, and attorney's fees.
Attorney Profiles: John Rogers Andrew Eaton
Summary Judgment Granted in Horry County Traffic Case
In a negligence action stemming from a traffic accident, Mike Ethridge and Jack Daniel successfully obtained Summary Judgment for a South Carolina company that owned and operated a 150 room hotel in Myrtle Beach, SC, based on a scope of employment argument.
The Plaintiff was an exotic dancer that lived in the hotel and befriended the Hotel Manager. The Hotel Manager worked as an independent contractor and lived on the premises. The Plaintiff was riding as a passenger in the Hotel Manager's car when they were involved in a very serious accident. The Plaintiff had over $150,000.00 in medical bills and was claiming loss of future earnings and that she was now unemployable due to alleged brain trauma. The Plaintiff was pursuing a theory of vicarious liability against the Defendant company based on the Manager's statements and testimony that he was on call 24 hours a day 7 days a week and responsible for many off sites duties as the Hotel Manager.
The Circuit Court Judge ruled in favor of summary judgment as he found no evidence in the record to support a claim that the Hotel Manager was working at the time of the accident.
Attorney Profiles: Mike Ethridge Jack Daniel
Summary Judgment In Favor Of Insurer Affirmed On Appeal
Fred Valz and Erica Parsons defended a homeowners' insurer against claims for coverage for an accident that occurred away from the insured premises. The parents of a teenage girl were hosting her birthday party at a field belonging to family friends where guests could ride four-wheelers and engage in other outdoor activities. The teenager and her friend were seriously injured when the four-wheeler they were riding turned over. The parents sought coverage for the injuries under their homeowners' policy of insurance, contending that the field, located several miles from the insured premises, was being used "in connection with the insured premises." In affirming summary judgment in favor of the insurer, the Court of Appeals rejected this argument, explaining that adoption of such an expansive definition of "insured premises" would expose insurers to virtually endless liability. Mason v. Allstate, 2009 WL 1636588.
Attorney Profiles: Fred Valz Erica Parsons
Dismissal of Case Against Insurer for Uninsured Motorist Benefits
Fred Valz and Erica Parsons defended an insurer who had issued a policy of auto liability insurance and an excess liability policy. The insurer was served with a lawsuit as a purported uninsured motorist carrier. The excess insurance policy, issued in North Carolina, had liability limits of $1 Million but did not provide uninsured motorist benefits. The insurer tendered the limits under the liability policy but failed to timely respond to certain Requests for Admissions seeking affirmation of coverage for uninsured motorist benefits under the excess policy and such requests were deemed admitted. Additionally, the named defendant failed to answer and default judgment was entered against him in the amount of $854,727.04. Fred and Erica moved to set aside the admissions and Plaintiff moved to impose sanctions against the insurer for failure to respond to discovery. After extensive briefings and oral argument, the court granted the insurer's Motion to Set Aside Admissions and denied the Motion for Sanctions. Because the admissions were withdrawn, the Plaintiff could not obtain any further recovery under the policy, and he dismissed his claims against the insurer.
Attorneys: Fred Valz Erica Parsons
Joe Kingma Appointed to Two Leadership Positions Within the ABA
Joe Kingma has been appointed as the Tort Trial & Insurance Practice Section (TIPS) Liaison to the ABA Standing Committee on Lawyers' Professional Liability, and a member of the Ethics and Professionalism Special Standing Committee within TIPS for the 2009-2010 fiscal year. TIPS has 37,000 members nationwide, and is the source of knowledge and leadership on trial practice and critical issues of justice that involve tort and insurance law.
Attorney Profile: Joe Kingma
Defense Verdict in Nursing Home Attending Malpractice Case
On August 25, 2009 Dan McGrew and Kim Ruder obtained a defense verdict in a medical malpractice case against a nursing home attending physician in Upson County. Plaintiffs alleged that the attending physician failed to properly care for his elderly patient's decubitus ulcers. Plaintiffs contended that improper wound care allowed the decubitus ulcers to deteriorate and become infected, resulting in overwhelming sepsis and death. Plaintiffs further contended that the physician violated the standard of care in not inserting a feeding tube in the patient during her final months of life. The jury found in favor of the nursing home attending physician on the basis that the evidence demonstrated that the nursing home patient suffered from advanced multi-infarct dementia and end-stage Alzheimer's disease, which had progressed to a terminal stage at the time of the patient's death. The evidence further demonstrated that the actual cause of death was an overwhelming urinary tract infection that led to the sepsis, as opposed to infected decubitus ulcers. After deliberating less that five minutes, the jury found that the nursing home attending's care over a six year period complied with the standard of care.
Attorney Profiles: Dan McGrew Kim Ruder
Joe Kingma Spoke On Large Firm Accountant Risk Management
Joe Kingma spoke on Accountant Risk Management at the CPAmerica International Region 5 Meeting in Atlanta on August 7, 2009. This was a gathering of the managing partners of some of the Larger Accounting firms in the Southeast.
Attorney Profile: Joe Kingma
Joe Kingma Moderated Failing Business Programs at the American Bar Associations Annual Meeting on August 1st
The panel discussed the impact of failing businesses on claims against professionals, officers, and directors at the Chicago Hyatt Regency Hotel. Joe is Chair of the ABA's Professionals Officers and Directors Liability Committee.
Featured Attorney: Joe Kingma
Quick Reference Guide
The 2009 Carlock Copeland Quick Reference Guide to Georgia Law is now available. Please contact us for your free copy at sredwine@carlockcopeland.com
Please note whether you want to be emailed the PDF version, or if you would like to receive the laminated hard copy by mail.
David Overstreet Appointed to PLUS Committee
David Overstreet of the Charleston office has recently been appointed to the Steering Committee of the Southeastern Chapter of PLUS (Professional Liability Underwriting Society)
Attorney Profile: David Overstreet
Summary Judgment Granted for Law Firm In Suit Arising from Commercial Real Estate Deal
Michele Jones and Joe Kingma represented a law firm that had closed the sale of a 342-acre tract in north Georgia. The purchaser, who had planned to create a large residential development, learned that an industrial waste landfill had been concealed on the property and sued the seller. The seller third-partied in Michele and Joe's client claiming that an escrow agreement and closing instructions had been violated. The purchaser's and the seller's cross-summary judgment motions were denied, but the law firm's motion, including a claim for indemnification from the seller, was granted. The seller has appealed so stay tuned.
Attorney Profiles: Michele Jones Joe Kingma
Directed Verdict on ADA Claim
On June 1-5, 2009, Adam Appel and Marquetta Bryan represented a public entity in an ADA discrimination trial in Federal Court in Augusta, GA. The Plaintiff, the former CEO of a Mental Health, Mental Retardation and Substance Abuse Center, alleged among other things, that his employer terminated him because of an impairment, Alcoholism, in violation of the American's With Disabilities Act. The 8 Member board terminated its CEO while he was on leave seeking in patient treatment for his alcoholism. The plaintiff presented evidence at trial that he was a "high functioning" alcoholic, but claimed that the Board members "regarded him as disabled" under the ADA based on his leave request and that after he requested medical leave for his alcoholism, the board decided to terminate him. While the 8 member board did terminate the CEO during his leave, the Board presented evidence that the termination was for reasons unrelated to the CEO's alcoholism. The Board also presented evidence that it did not regard the CEO as being disabled from his job, but simply that his job performance was putting the Center's funding in jeopardy. Five of the Board members testified during the 5 day trial. The CEO also sued the public agency for breach of contract, which claim was defended by the agency's personal counsel. After the close of all evidence, the federal court judge granted the public agency's Rule 50 Motion for Judgment as a Matter of Law on the ADA claim only, which is the only claim Mr. Appel and Mrs. Bryan defended at trial.
Attorney Profiles: Adam Appel Marquetta Bryan
Supreme Court Victory in Bad Faith Case
Dave Root and Cheryl Shaw won a unanimous decision in the Georgia Supreme Court on behalf of an insurer accused of bad faith failure to contribute to a settlement. The insured was sued for wrongful death and its carrier refused to pay as much as the insured wanted it to pay at mediation. The carrier offered $200,000, but would not offer more, citing what it believed were viable liability defenses of the insured. The insured thus contributed its own funds to the settlement, and sought to recover approximately $750,000 from its carrier on a bad faith theory. The Supreme Court held that an excess judgment was a prerequisite to the claim, and denied the insured's claim. Trinity Outdoor, LLC v. Central Mutual Insurance Company, ___ Ga. ___ (S09Q0605, decided June 1, 2009).
Attorney Profiles: Dave Root Cheryl Shaw
2009 Georgia Super Lawyers and Rising Stars List
Carlock Copeland is proud to announce 19 of our attorneys have been selected for inclusion on the Georgia Super Lawyers® and Rising Stars lists for 2009.
Super Lawyers Honorees
Thomas S. Carlock
Wade K. Copeland
Kent T. Stair
Douglas W. Smith
David F. Root
Wayne D. McGrew, III
Fred M. Valz, III
Johannes S. Kingma
D. Gary Lovell, Jr.
Adam L. Appel
Gregory H. Wheeler
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the total lawyers in the state are honored on the Super Lawyers list. This list of honorees is published annually by Law & Politics in conjunction with Atlanta Magazine.
Rising Stars Honorees
Eric J. Frisch
Shannon M. Sprinkle
Peter Werdesheim
Amy J. Urban
Heather M. Miller
Katherine G. Hughes
Patricia F. Anderson
Spencer A. Bomar
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. This list of honorees is published annually by Law & Politics in conjunction with Atlanta Magazine.
Carlock Copeland Recognized as Go-To Law Firm
Carlock, Copeland & Stair, LLP has been recognized as a Go-To Law Firm of leading financial services companies. Incisive Media, formerly known as ALM, surveyed the General Counsel of leading financial service companies to identify their primary outside law firm in each of nine practice areas: banking and finance, corporate transactions/mergers and acquisitions, intellectual property, labor and employment, litigation, regulatory affairs and compliance, securities, Canadian and international matters. Carlock Copeland appreciates the confidence in our Firm expertise by AFLAC and American Family Insurance in naming us as their Go-To law firm in litigation.
Top 25 Law Firms
For the third consecutive year, Carlock, Copeland & Stair, LLP is proud to be named on the “Top 25 Law Firms” in Atlanta list by the Atlanta Business Chronicle. The Firm moved up three places this year to twenty-two.
* The “Top 25 Law Firms” List was originally published in the June 13-19, 2008 issue of the Atlanta Business Chronicle.
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