March 2017

Carlock Copeland Welcomes Attorneys to our Atlanta Office

Carlock, Copeland & Stair, LLP welcomes  Bradley N. Wood, Mallory D. Ball, Frederic Rushing, and Mark Rogers to the firm.

Carlock, Copeland & Stair Professional Liability Seminars
Risk Management for Audit Firms and Accountants
June 8  Atlanta, Georgia

Joe Kingma and the Accounting Malpractice Defense Team will present Risk Management for Audit and Accounting Firms at the Buckhead Club on June 8 - 1:30 p.m. to 5:30 p.m.
Please contact Patricia O'Toole at for details.
Risk Management  for Architects and Engineers
June 15 Charleston, South Carolina 
Construction Phase Services: The Contact Sport of Design Professionals

Registration: Starts at 12:30 p.m. Program: 1:00 p.m. - 5:30 p.m.
Francis Marion Hotel, 387 King St, Charleston, SC 29403
Contact Michelle Mattox at for details.
Save the Date: August 11

Risk Management for Audit Firms and Accountants - Nashville, TN
August 11   Nashville, TN  Please contact Patricia O'Toole at for details.

Save the Date: August 24

Insurance Coverage and Bad Faith Seminar - Atlanta Botanical Garden, Atlanta, GA
Please contact Patricia O'Toole at for details.

Save the Date:  November 16
Risk Management for Architects and Engineers - Atlanta, GA 
Please contact Patricia O'Toole at  for details.
Upcoming Events

Carlock, Copeland & Stair is proud to sponsor the Jawbones vs. Sawbones annual basketball event, a benefit for the Side By Side Brain Injury Clubhouse.
Joe Kingma will participate again this year. This fundraiser allows spectators to not only enjoy a competitive basketball game but also provides an incredible silent auction and live entertainment.

Angela Kopet will participate in a panel presentation at the CLM Annual Conference in March entitled, The Glass Ceiling: Does it Still Exist in the Workplace? The conference is scheduled from Wednesday, March 29, 2017 to Friday, March 31, 2017. This roundtable will explore if the glass ceiling still exists or is "self-imposed" or a natural by-product of women typically being the primary caregiver at home.  During the discussion, Millennial, Generation Y and X, Baby Boomer and Mature panelists will share stories and consider the commonality and differences working for a company and a law firm.  The panelists will then determine if a problem still exists.  If so, what would be some resolutions or solutions moving forward. Ryan Wilhelm, Patrick Norris, Lee Weatherly and Charlie McDaniel to attend.

Kathy Carlsten will attend DRI's Insurance Coverage and Claims Institute on April 5-7 in Chicago, Illinois.

Jeff Crudup to attend TIDA Cargo & Skills Seminar on April 5 in Tempe, Arizona.

Joe Kingma will moderate The State of the Insurance Market a panel presentation on  April 20 at 2 p.m. at the ABA National Legal Malpractice Conference in Boston (April 19-21). Doug Mackelcan and Brian Spitler will also attend the conference.
Stephanie Vari will attend the GSHRM Annual Meeting on Hilton Head Island May 10.
Recent Events

Lee Weatherly and Angela Kopet attended the  National Retail and Restaurant Defense Association's Annual Conference in San Diego, CA from March 1 to March 3.

Shannon Sprinkle participated in the Beginning Lawyers Program on February 27.  Shannon presented How To Avoid Bar Complaints & Malpractice at the State Bar of Georgia Conference Center in Atlanta and via videoconference at the State Bar of Georgia Coastal Georgia Office in Savannah and the State Bar of Georgia South Georgia Office in Tifton.

Billy Newcomb attended the ABA Midyear Meeting in Miami, Florida from February 1 to February 7.
Doug MacKelcan and Clinton Magill obtained a dismissal for their community association client in Beaufort County, South Carolina.  The plaintiffs originally brought claims for civil conspiracy and slander against the association.  After an early motion to dismiss was filed, the plaintiffs amended their complaint and dropped the association from their slander cause of action.  Doug and Clinton proceeded with their motion to dismiss against the plaintiffs' amended complaint, arguing that the plaintiffs had failed to plead special damages in their civil conspiracy cause of action.  The Circuit Court agreed and ultimately dismissed the plaintiffs' final remaining claim against the association.

Lee C. Weatherly obtained a defense verdict for a Columbia, South Carolina orthopedist and his practice group.  During the four day trial, Plaintiff claimed that the defendant doctor was negligent in failing to diagnose her failed knee replacement and recommend a revision surgery.  After ending treatment with the Defendant orthopedist, the Plaintiff sought a second opinion from another local orthopedist who recommended that the artificial knee be revised.  After the revision surgery the Plaintiff's new local orthopedist encouraged her to retain a lawyer and agreed to serve as her expert witness at the inception of the lawsuit.  This local orthopedist went even further and testified against Lee's client at trial.  Plaintiff claimed that the delay in diagnoses caused her to undergo unnecessary medial treatment, including an arthroscopic surgery,  as well as suffering unnecessary pain and suffering.  However, during trial Lee presented overwhelming evidence showing the clear retrospective bias of the Plaintiff's local expert and that the Defendant doctor complied with the standard of care in his treatment of the Plaintiff.  The jury agreed that the Defendant doctor did not breach the standard of care and returned a unanimous verdict in favor of the orthopedist and the practice group.

Brian Spitler obtained dismissal for his client in a premises liability case. The motion to dismiss successfully argued that the plaintiff failed to bring claims within the statute of limitations and that the common law discovery rule did not apply to lengthen the time to file because it was subsumed by the savings statute under T.C.A. § 20-1-119.


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.


Click here for more interesting case results.

Carlock, Copeland & Stair, LLP is proud to announce the following lawyers have been selected for inclusion in the
Georgia Super Lawyers® and Rising Stars® lists for 2017.
(South Carolina list will be published on April 24.)

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 is Proud to Sponsor the  Jawbones vs. Sawbones Annual Basketball March 25th Event  

Carlock, Copeland & Stair is proud to sponsor the Jawbones vs. Sawbones annual basketball event, a benefit for the Side by Side  Brain Injury Clubhouse.

Joe Kingma will participate again this year.

Save the Date - April 8th!
As a follow up to our August 2016 efforts, we will be hosting another Habitat for Humanity work day on Saturday, April 8th! Come join our team as we help build another house for folks in need in the Charleston area. Lunch and refreshments provided.  Please contact Michelle Mattox to RSVP. We hope to you out there!
Click Below for Blog Postings
Since 2008, litigation has been ongoing between G.M. Sign, Inc. and Brink's Manufacturing Co. over allegations that Brink's violated the Telephone Consumer Protection Act by sending out unsolicited faxes without any ability by the recipient to opt out of receiving... Continue reading → The post 11th Circuit To Hear Dispute Over Notice Requirements After Dismissal Without Prejudice appeared first on Insurance Coverage Corner. ...»


On November 28, 2016, the Office of Civil Rights of the Department of Health and Human Services, the entity responsible for HIPAA administration, issued an alert about a potential "phishing" email scam. The email purports to come from OCR's Director,... Continue reading → The post Office of Civil Rights Issues Phishing Email Alert appeared first on Carlock Copeland Cyber Liability. ...»


 Health Law and Regulation Update Blog  


In a lengthy ruling covering many issues related to a trial, the Georgia Court of Appeals affirmed the exclusion of a doctor's past substance abuse issues on the grounds of relevance. In the case of Doherty v. Brown, et al.,... Continue reading → The post Georgia Court of Appeals Affirms Exclusion of Doctor's Substance Abuse appeared first on Health Law and Regulation Update. ...»

Editorial Staff

If you have questions or comments, please email  Jennifer Guerra.
The CCS  Quarterly Newsletter 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 have.

191 Peachtree Street NE, Suite 3600
Atlanta, Georgia 30303
404.522.8220 P
404.523.2345 F

40 Calhoun Street, Suite 400
Charleston, SC 29401
843.727.0307 P
843.727.2995 F

920 McCallie Avenue
Chattanooga, TN 37403
423.551.4345 P
404.523.2345 F