| Summary Judgment on Tortious Interference Claims
Michele Ritz and Joe Kingma got summary judgment for three defendants sued in Clayton County for allegedly interfering with a psychologist's business. The psychologist alleged that the defendant's wrongful actions had led to his discipline by the Georgia Psychological Association and the State Board of Examiners of Psychologists. Michelle and Joe argued that the defendants were protected by a statutory immunity and that the plaintiff could not show any damages proximately caused by the defendant's alleged actions. Summary judgment was granted in the Superior Court of Clayton County on April 17, 2008.
Attorney Profiles: Joe Kingma Michele Ritz
Motion to Dismiss Granted - Fair Credit Reporting Act
The plaintiff sued an insurance company and two local lawyers in federal court for allegedly violating the Fair Credit Reporting Act. He sought $2.5 million in damages arising from lost business opportunities. Pete Werdesheim and Joe Kingma filed a motion to dismiss, which was granted on April 23, 2008 by Judge William S. Duffey. U.S. District Court, N.D. Ga., 1:08-CV-00004.
Attorney Profiles: Joe Kingma Pete Werdesheim
Bar Grievance Dismissed by Investigative Panel
The grievance alleged that the lawyer violated the Georgia Rules of Professional Conduct by duping his client into conveying two pieces of property to him for less than one-third of their fair market value. It was further alleged that the lawyer had a longstanding sexual relationship with the client. The State Bar's Office of General Counsel referred the grievance to the Investigative Panel of the State Disciplinary Board. Pete Werdesheim and Joe Kingma briefed and orally argued the issues to a member of the Panel. The grievance was dismissed on April 21, 2008 without any disciplinary action against the lawyer.
Attorney Profiles: Joe Kingma Pete Werdesheim
Medical Malpractice Verdict
Partners Tom Carlock and Eric Frisch obtained a defense verdict in a medical malpractice case in Floyd County. Plaintiffs alleged that an internist and emergency medicine physician failed to diagnose and treat a hypertensive emergency and congestive heart failure. The defense proved that the Plaintiff suffered from a rare complication of a rare connective tissue disorder.
Attorney Profiles: Tom Carlock Eric Frisch
Carlock Copeland Quarterly 2008 Summer Edition is Now Available
Volume 5 Issue 2: Summer 2008
Articles in this issue include:
- In Catastrophic Injury Cases: Consider Moving to Exclude the Plaintiff from Attending the Trial
- Successful Outcome in Trial of Complex Racketeering, Fraud and Audit Malpractice
- Firm Announcements
- Framing the Debate: Preparing for Climate Change Coverage Litigation
- Super Lawyers 2008 and Rising Stars 2007 Honorees
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.
2008 Defense Verdict
In late March, Doug Smith received a defense verdict from a Houston County jury while representing a day care center in Warner Robins, GA. The suit was brought by the mother of a seven year old girl who was attacked by another child in the center; the child suffered severe and permanent facial injuries and alleged emotional trauma. The defense contended successfully that the center had fulfilled its duty of "watchful oversight" of the children and that the assault was unavoidable due to its sudden nature.
Attorney Profile: Doug Smith
Legal Malpractice - Motion to Dismiss Granted
Partner David Overstreet and Associate Mandi Dudgeon, from the Charleston office, recently prevailed on a Motion to Dismiss in state court on behalf of a local real estate attorney. The Third-Party Complaint alleged that the attorney failed to fulfill his duties as closing attorney, because he failed to gather the necessary paperwork that would have allowed the closing to go forward before the foreclosure sale. After allowing initial discovery, the Court of Common Pleas granted the attorney's 12(b)(6) Motion to Dismiss with prejudice.
Attorney Profiles: David W. Overstreet Amanda K. Dudgeon
Medical Malpractice Defense Verdict - Vascular Surgery
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.
D. Gary Lovell, Jr. and Renee Y. Little tried the case on behalf of the Defendant vascular surgeon and surgery group.
Attorney Profiles: D. Gary Lovell, Jr. Renee Y. Little
Legal Malpractice - Motion to Dismiss granted
Partner David Overstreet and Associate Andy Countryman from the Charleston office recently prevailed on a Motion to Dismiss on behalf of an attorney in a legal malpractice case in Federal Court.
Attorney Profiles: David Overstreet Andy Countryman
Favorable Outcome in Transportation Trial
Partner Gary Lovell and Associate Michelle Stock recently obtained a favorable outcome in a transportation trial before a DeKalb State Court jury. The case was one of adverse liability, with $85,000 in special damages, including medical damages for an anterior cervical diskectomy and fusion on a herniated cervical disc. After a one week trial, the jury returned a verdict of only $135,000.00.
Attorney Profiles: Gary Lovell Michelle Stock
10 Carlock Copeland Attorneys Honored on the 2008 Georgia Super Lawyers List
We are proud of our many talented lawyers and would like to congratulate those honored on this year's Georgia Super Lawyers® list. Carlock Copeland's 2008 Super Lawyers honorees include:
Thomas S. Carlock, Partner
Wade K. Copeland, Partner
Kent T. Stair, Partner
Douglas W. Smith, Partner
David F. Root, Partner
Wayne D. McGrew, III, Partner
Fred M. Valz, III, Partner
Johannes S. Kingma, Partner
D. Gary Lovell, Jr., Partner
James R. Doyle, II, Partner
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.
Successful Outcome in Trial of Complex Racketeering, Fraud and Audit Malpractice
Failing businesses sue auditors for racketeering, fraud and malpractice with increasing regularity. Joe Kingma and John Rogers represented auditors who faced this threat at trial in federal court in South Carolina in January.
The case arose from the failure of a clothing manufacturer that had $188 million in sales and $9 million in net profits as recently as 1997. By 2004, however, the manufacturer was in liquidation. Joe and John represented the accountants who had provided consulting services as well as audits for the business for some 35 years. The board of directors claimed their former CEO had paid himself salaries in excess of $1.5 million a year while the board minutes only authorized a salary of $250,000 a year. They also claimed that the values of trademarks had been booked for tens of millions of dollars on the company's balance sheet but were worth nothing only a few years later when the business dissolved. According to the company, all this amounted to a scheme of wrongdoing that spanned 20 years and violated federal racketeering statutes. Click here for the full story.
Attorney Profiles: Joe Kingma John Rogers
New Partner Announcement
Carlock Copeland is proud to announce that Charles M. McDaniel, Jr. of the firm's Atlanta office has been named partner.
As a partner in the firm's Atlanta office, Charles is a member of the General Liability and Trucking and Transportation Practice Groups, as well as leader of the Insurance Coverage and Bad Faith Litigation Subgroup. Charlie has been an integral part of the firm since 2007 and has been practicing law since 1988.
Attorney Profile: Charles M. McDaniel, Jr.
Carlock Copeland Quarterly 2008 Spring Edition is now available
Volume 5 Issue 1: Spring 2008
Articles in this issue include:
- Georgia UM Law - Dees v. Logan and Beyond
- What is "Severe or Pervasive" Under Title VII?
- Recent Victories
- Partner Announcement
- An End in Sight: Interim Final Rule on Hours of Service
- SC Office Relocation Announcement
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.
New Executive Director Named
Carlock, Copeland & Stair, LLP is proud to announce Alan Y. Etter has joined the firm as the Executive Director. Mr. Etter brings over nine years of law firm administrative management as well as over twenty years of Naval experience and will be responsible for the overall administrative operations of the firm.
2008 Partner Announcement
Carlock Copeland is pleased to announce Clayton M. Adams of the firm's Columbus office and Asha F. Jackson of the firm's Atlanta office have been named partners.
As a partner in the firm's Columbus office, Clayton's practice areas include Trucking and Transportation Litigation Practice Group, the General Liability Practice Group, as well as the Health Care Litigation Practice Group. Clayton joined the firm in 2002 and has been practicing law since 2001.
As a partner in the firm's Atlanta office, Asha's practice areas include the General Liability Practice Group, as well as the Health Care Litigation Practice Group. Asha joined the firm in 2002 and has been practicing law since 2000.
Attorney Profiles: Clayton M. Adams Asha F. Jackson
Council on Ethical Billing
Carlock, Copeland & Stair, LLP is proud to be a firm member of The Council on Ethical Billing (CEB). The firm's members include Mary Katherine Greene and Dan McGrew, III. CEB is an alliance of select attorneys, law firms, insurance companies, risk managers and general counsel of some of the nation's largest businesses coming together to promote high levels of performance and ethics in defense litigation. Selected risk managers, general counsel, and insurance executives are Fellows of the Council. CEB's role is to give selected law firms the opportunity to affirmatively acknowledge the concerns facing the business community and to champion themselves as partners with the insurance and business communities in a mutual effort to achieve trust and confidence in their legal work. Selection of attorneys and law firms to the Council by Fellows is indicative of their reputation for performance, ethics and professional commitment to the community and diversity. Thus, the exclusivity of an invitation to join the Council is itself an achievement.
Attorney Profiles: Dan McGrew, III Mary Katherine Greene
Court of Appeals Affirms Summary Judgment
The Georgia Court of Appeals affirmed the summary judgment that Wade Copeland and Lee Atkinson obtained for a physician. The Plaintiff alleged negligence on the part of several physicians, hospitals and quasigovernmental agencies arising out of a delayed report of a sickel cell anemia diagnosis. On summary judgment motion, these Carlock Copeland attorneys argued that the Plaintiff's action should be dismissed for Plaintiff's failure to file the required expert affidavit under OCGA 9-11-9.1 Plaintiff attempted to circumvent the affidavit requirement by arguing that the failure to report the diagnosis was "ordinary negligence" and did not amount to a claim for medical malpractice. The Court of Appeals sided with the Carlock Copeland attorneys and affirmed the trial court's grant of summary judgment for their physician client.
In re Carter, 653 S.E.2d 860, 2007 WL 3275488, Ga.App., November 07, 2007.
Attorney Profiles: Wade Copeland Lee Atkinson
Proximate Cause and Judgmental Immunity Yield Summary Judgment for Lawyer Defendant
Pete Werdesheim and Joe Kingma obtained summary judgment for a lawyer who had been sued by a bank. The lawyer had defended the bank in litigation which resulted in a $600,000 adverse verdict. The bank sued the lawyer alleging malpractice in the handling of the case. The lawyer's motion for summary judgment was granted on December 12, 2007 by Judge Pamela South in the State Court of Gwinnett County. Judge South held that the bank failed to show their alleged damages were proximately caused by anything the lawyer did and that the lawyer's actions were protected by the doctrine of judgmental immunity. The court also awarded the defendant attorney the fees he has not yet been paid from the underlying representation.
Attorney Profiles: Joe Kingma Pete Werdesheim
Court of Appeals Affirms Dismissal of Claims the Attorney Falsified Evidence and Suborned Perjury
The lawsuit claimed the defendant lawyer had suborned perjury and submitted false evidence in an underlying case. Joe Kingma filed the motion to dismiss which was granted by Judge John Langford in Fulton Superior Court. The judgment was affirmed by the Court of Appeals on November 28, 2007.
Attorney Profile: Joe Kingma
Seven Carlock Copeland Lawyers have been listed in Georgia Rising Stars
We are proud of our many talented lawyers and would like to congratulate those listed in this year's Georgia Rising Stars. Carlock Copeland's 2007 Rising Stars include:
Mary Katherine Greene, Partner - Health Care Litigation
Ashley E. Sexton, Partner - Health Care Litigation
Shannon M. Sprinkle, Partner - Commercial Litigation and General Liability
John C. Rogers, Partner - Commercial Litigation
Heather H. Miller, Associate - Health Care Litigation and General Liability
Evan H. Howell, Associate - Health Care Litigation, General Liability and Commercial Litigation
Spencer A. Bomar, Associate - Health Care Litigation and General Liability
Please click here for the 2007 Rising Star photo
Law and Politics Magazine performs the polling, research, and selection of Rising Stars. To be eligible for selection, an attorney must be age 40 or younger, or in practice for 10 years or less. Only 2.5 percent of the attorneys in Georgia are selected as rising stars. This list of up and coming attorneys is published annually by Law & Politics in conjunction with Atlanta Magazine.
Surgeon Prevails
Doug Smith and Kate Hughes recently won a defense verdict in a wrongful death case filed in the Fulton County State Court. The plaintiff alleged that his wife died as a result of a negligently performed sigmoid colectomy (bowel operation) necessitated by a condition known as diverticulitis. Specifically, plaintiff's experts contended that the surgeon violated the standard of care by not performing as air insufflation test after surgery which would have shown a leak in the colon. The defense presented a strong expert testimony showing that the air test would not have shown any problems anyway. The jury agreed and returned a verdict in favor if the surgeon.
Attorney Profiles: Doug Smith Kate Hughes
Defense Verdict Affirmed On Appeal in Highly Publicized Attorney Malpractice Case
On October 9, 2007 the Georgia Court of Appeals affirmed the defense verdict Joe Kingma and John Rogers had won before a Superior Court jury. The case, Barnes v. Turner, received massive publicity nationwide after the Supreme Court of Georgia reversed the grant of a motion to dismiss and sidestepped what the trial court and Court of Appeals had thought was a fairly easy application of the statute of limitations. 278 Ga. 788, 606 S.E.2d 849.
Undeterred, Defendant David Turner continued to maintain that he had informed former client Barnes about his need to renew a UCC financing statement and went to trial. After an hour and ten minutes of deliberation, the jury agreed that Turner had in fact told Barnes that he needed to renew the financing statement, a fact which Barnes had denied. They then found that Barnes had failed to prove that he was proximately injured by anything that Turner did or didn't do and granted a verdict for the Defendant. The Court of Appeals affirmed and ended the Barnes v. Turner saga.
Attorney Profiles Joe Kingma John Rogers
Defense Verdict
Adam Appel secured a defense verdict in an Eighth Amendment deliberate indifference case in the United States District Court for the Northern District of Georgia, Atlanta Division. Adam represented a corrections officer who was accused, along with another officer, of violating, the plaintiff's Eighth Amendment rights. The plaintiff, an achondroplastic dwarf, claimed that while he was incarcerated at the Georgia Diagnostic and Classification Prison in April 2004, the officers ordered him to stand on the sink in his cell to shave and that he was obeying the officers' order, he fell from the sink and sustained serious injuries. The plaintiff argued that the officers were deliberately indifferent to a substntial risk of serious harm to him by issuing him the order, and, therefore, the officers violated his rights under the Eighth Amendment. Adam argued, first, that their client did not violate the Plaintif's Eighth Amendment Right and argued that the plaintiff feigned the fall as part of a scheme that he and some of his fellow inmates concocted to scam money from the State. The trial lasted six days, but after only 90 minutes of deliberation, the jury returned a verdict in favor of the defendants.
Attorney Profiles: Adam Appel
Dave Root and Ann Bracco Win Coverage Case in Federal Court of Appeals
On August 17, 2007 Dave Root and Ann Bracco received an affirmance of their motion for summary judgment from the 11th Circuit Court of Appeals where two plaintiffs sought insurance coverage for judgments totaling nearly two million dollars. The appeals court held that a policy of insurance issued by the defendant provided no coverage for the judgments.
Attorney Profiles: Dave Root Ann Bracco
Asha Jackson Published her Article "Advance Directive for Health Care"
Asha Jackson recently published her article "Advance Directive for Health Care: One Form Can Make Health Care Decisions Easier" in the ALM Law Journal: Medical Malpractice Law and Strategy Newsletter. Click here to read the full article.
Attorney Profile: Asha Jackson
Tort Trial and Insurance Practice Law Journal
For the third consecutive year, Joe Kingma and John Rogers of Carlock Copeland's Commercial Litigation Practice Group authored the American Bar Association's annual accounting malpractice update contained in the Tort Trial and Insurance Practice Law Journal. This publication highlights the recent developments affecting the liability of professionals, officers, and directors in the related fields. Please contact Shivana Waterman, Director of Business Development, if you would like a complimentary copy of the journal.
Attorney Profiles: Joe Kingma John Rogers
Defense Verdict in Wrongful Death Case
Adam Appel and Dave Root secured a defense verdict in a wrongful death case of a 5 year old child. Adam and Dave represented the Georgia Department of Human Resources, acting by and through its subdivision, the Gwinnett County Department of Family and Children Services. The child's father and the child's estate alleged that the child's foster parent was negligent in failing to properly supervise the child during an outing to the Tallulah Gorge State Park during an aesthetic water release, which resulted in an increased volume of water flowing through the Tallulah River. The child slipped into the water and efforts to save him were unsuccessful. The foster parent's own son also drowned when he slipped into the water while reaching out to stop the 5 year old from slipping into the water. The court bifurcated the issues of liability and damages at the Plaintiffs' request. After 45 minutes of deliberation, the Rabun County jury found in favor of the defendant.
Attorney Profiles: Adam Appel Dave Root
Summary Judgment for California Lawyers
Shannon Sprinkle and Joe Kingma represented three California lawyers sued for allegedly settling a case without client authority. The lawyer defendants represented a client seeking to enforce a Korean Commercial Arbitration Award of $3.4 million dollars. The lawyers settled the case when the client failed to pay their bill.
The malpractice lawsuit filed in Federal Court argued that the attorneys settled without the specific client authority required by both Georgia and California law. Shannon and Joe got one client out of the case on an early motion to dismiss and the two remaining clients were awarded summary judgment on July 10, 2007. This decision will undoubtedly be appealed.
Attorney Profiles: Joe Kingma Shannon Sprinkle
Asha Jackson Inducted into the Litigation Counsel of America
On June 21, 2007, Asha F. Jackson was inducted into the Litigation Counsel of America at the LCA's Spring Conference and Induction of Fellows in New York.
The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American Lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American Bar in the twenty-first century, the LCA represents the best in law among its membership.
Attorney Profile: Asha Jackson
Summary Judgment for the Defense - Employment Discrimination
On July 5, 2007, Dave Root obtained summary judgment in federal court in favor of a large medical practice. The case had been brought by three former employees who alleged race discrimination.
Attorney Profile: Dave Root
Medical Malpractice - Defense Verdict
Partners Gary Lovell and David Overstreet recently 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.
Attorney Profiles: Gary Lovell David Overstreet
Court of Appeals Affirms Summary Judgment Granted to National Law Firm
Joe Kingma and Shannon Sprinkle defended a national law firm against malpractice claims filed by a dissatisfied client. Finding that the Plaintiff's claims were unwarranted, the trial court granted summary judgment to the firm and the individual partners named in the lawsuit. The Georgia Court of Appeals affirmed the trial court's ruling holding that the grant of summary judgment was fully supported by the evidence.
Attorney Profiles: Joe Kingma Shannon Sprinkle
Accounting Malpractice Victory
Shannon Sprinkle and Joe Kingma obtained dismissal of an accounting malpractice suit in the Superior Court of Bartow County on May 10th, 2007. They represented an Alabama accounting firm that had performed attest services for a business that failed. The business, as well as some of its principles, claimed the accountants were somehow responsible. After Shannon and Joe filed the Motion the principles declared bankruptcy, but when all the dust had settled, the bankruptcy concluded, the claims against the accountants were dismissed.
Attorney Profiles: Joe Kingma Shannon Sprinkle
Summary Judgment in Legal-Malpractice Action (RESPA)
Joe Kingma and Pete Werdesheim of Carlock Copeland's Commercial Litigation Practice Group obtained summary judgment in a legal-malpractice case in DeKalb Superior Court on May 10, 2007. The plaintiff alleged that Joe and Pete's client, an Atlanta law firm, committed malpractice and violated RESPA by making an unauthorized cash allowance to the borrower in a real-estate transaction. The plaintiff's allegations were bolstered by expert testimony from a prominent Atlanta lawyer who sits on the State Bar's Board of Governors. Joe and Pete argued that their client owed no duty to the plaintiff, and the trial court agreed.
Attorney Profiles: Joe Kingma Pete Werdesheim
Defense Verdict, Medical Malpractice Trial
Dan McGrew and Chris Wall recently obtained a defense verdict in a medical malpractice action following a week-long trial in Fayette County State Court. Plaintiffs alleged that the defendant doctor's care of the patient's diabetic foot wound caused a loss of ability to ambulate and, eventually, amputation of the limb. Dan and Chris, representing the surgeon who treated the wound, established that the doctor met the standard of care and that the patient's long history of aggressive diabetes caused her foot wound and subsequent complications.
Attorney Profiles: Dan McGrew Chris Wall
Motion to Dismiss Granted
The Superior Court of Carroll County recently granted a motion to dismiss filed by Joe Kingma and Michele Ritz on behalf of their attorney and law firm clients. Although the plaintiffs characterized their claims as fraud claims, the court held that the complaint alleged professional malpractice. Because the plaintiffs did not file the required expert affidavit in support of their complaint, the court dismissed the complaint with prejudice.
Attorney Profiles: Joe Kingma Michele Ritz
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