Lee Weatherly and Kristen Thompson defended a driver involved in a motor vehicle accident. At trial, Plaintiff argued the defendant failed to yield to oncoming traffic by turning left in front of his vehicle, causing an aggravation of his pre-existing back and shoulder injuries. Plaintiff’s counsel practiced the “no actual damages” technique at trial where in closing he did not present any medical bills or costs to the jury. Instead, he asked the jury to award any amount they wanted to compensate plaintiff for his pain and suffering. Lee and Kristen argued Plaintiff was likely speeding at the time of the accident and that any pain and suffering was related to his pre-existing conditions. Ultimately, the jury returned a 50-50 comparative negligence verdict resulting in Plaintiff receiving 4% of a previously filed Offer of Judgment.

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.

Lee Weatherly and Kristen Thompson defended an automobile driver who crashed into a motorcyclist. The crash lead to the amputation of plaintiff’s left leg and almost $750,000 in medical bills. While preparing for trial, Lee discovered a video from the investigating officer’s dashboard camera that contained a witness’s statement supporting the Defendant’s claim that the Plaintiff suddenly made a U-turn in front of her. Although during discovery Plaintiff had admitted to drinking a single beer shortly before the accident, the defense team discovered that the Plaintiff had been drinking much more alcohol and had been seen coming out of a second previously undisclosed bar shortly before the accident. The defense retained a pharmacologist and presented overwhelming evidence that the Plaintiff had consumed almost five times the amount of alcohol than was admitted in discovery and the plaintiff was likely impaired by alcohol at the time of the crash. The Plaintiff presented evidence by a prominent expert accident reconstructionist from Charleston and a well-known toxicologist to counter Lee’s defense. Prior to Lee and Kristen’s involvement other insurance companies had paid the Plaintiff almost $200,000 based on the strength of Plaintiff’s case as originally presented. At trial, the Plaintiff asked the jury to return a verdict of four million dollars. The jury returned a unanimous verdict that the Defendant was not negligent in any way and awarded the plaintiff nothing.

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

Lee Weatherly defended an admittedly at fault driver who crashed into the rear of a vehicle occupied by a chiropractor and his twelve year old daughter.  Both Plaintiffs lost consciousness in the accident and, in addition to both Plaintiffs suffering from significant neck and back injuries, the chiropractor broke his wrist.  The father claimed permanent impairment of his wrist from the fracture.  His daughter claimed that the traumatic brain injury that she suffered in the collision caused her have permanent defects in working memory and attention, requiring lifelong prescription medications.  Both Plaintiffs had received $100,000 before trial from the Defendant’s underlying liability insurance carrier and were seeking an additional $400,000 in Underinsured Motorist Coverage at trial.  Lee contested the cause of Plaintiffs’ current cognitive defects and showed that the daughter’s working memory and attention problems were more likely a result of previously undiagnosed ADD instead of the traumatic brain injury suffered in the accident.  The jury returned an award under the previously paid liability limits for both Plaintiffs and UIM carrier was required to pay no additional money.

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.

Lee Weatherly and Kristen Thompson obtained summary judgment in Charleston, South Carolina in favor of an insurance company that provided uninsured/underinsured motorist benefits. The underlying case involved a car chase that resulted in a gun fight and the death of one of the drivers. The estate for the deceased-driver filed suit against the alleged shooters (who did not have auto insurance) or in the alternative, John Doe. The Plaintiff's estate then made a claim to the insurance for the benefits of an underinsured/uninsured motorist policy held by the owner of the car that he was driving when he was shot and killed.
Lee and Kristen filed a separate declaratory judgment action to determine if the deceased could claim uninsured/underinsured coverage under this insurance policy. Lee and Kristen filed for summary judgment arguing that there was no coverage under the policy on two grounds: (1) The driver of the vehicle did not have express or implied permission from the vehicle's owner to operate the vehicle, and (2) The accident did not arise out of the normal use of an automobile. Plaintiff argued the driver had implied permissive use through the vehicle owner and named insured’s daughter. Plaintiff alternatively argued that the use of the automobile was an active accessory in the shoot-out and thus did arise out of the normal use of an automobile. The court agreed with Lee and Kristen that the deceased driver did not have express or implied permission to operate the vehicle and granted summary judgment that no coverage was afforded under the policy.

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.

Lee Weatherly represented the wife of a U.S. Navy diesel mechanic in a disputed liability motor vehicle accident filed in Charleston County State Court. In this case, the Plaintiff alleged that our client disregarded a traffic light and failed to yield the right of way to her, causing the collision. Lee presented to the defense that our client‘s traffic signal actually gave her the right of way and the jury agreed, returning a verdict in favor of the Defendant in 28 minutes.

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

Lee Weatherly and Kristen Thompson represented Mrs. Shimaa M. Hashim in a disputed liability motor vehicle accident case filed in Charleston County State Court. The Plaintiff was alleging that the Defendant disregarded a red light and failed to yield the right of way to her, causing the collision. In addition to liability, Lee and Kristen also contested the cause of Plaintiff’s alleged injuries at trial as she had extensive pre-existing conditions. The jury returned a verdict in favor of Lee, Kristen and their client Mrs. Hashim, within 5 minutes of deliberations.

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

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@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

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@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

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@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

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@carlockcopeland.com or Gary Lovell at glovell@carlockcopeland.comfor 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.

Lee Weatherly was successful in obtaining a directed verdict for his client, an urgent care physician, in a Charleston, South Carolina medical malpractice case. In this case, Plaintiff alleged that the Defendant urgent care physician was negligent in his diagnosis and recommended care of a large plural effusion in Plaintiff's left lung. Plaintiff contended that the physician neglected to correctly diagnose her condition and send her to an emergency room for proper care, leading to a two day delay in treatment. There was a factual dispute as to what care the Defendant physician actually recommended to the Plaintiff. However, the Plaintiff was unable to bring forth any evidence that even if the Defendant physician was negligent, the two day delay in treatment caused her any damages. The Judge found that the Plaintiff's claim was deficient as a matter of law and ordered that it be dismissed with prejudice.

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@carlockcopeland.com or Gary Lovell at glovell@carlockcopeland.com.

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@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

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@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

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@carlockcopeland.com or Gary at glovell@carlockcopeland.com.

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@carlockcopeland.com 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.

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.

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.

Lee C. Weatherly was given an AV rating from his peers, which means that he was deemed to have very high professional ethics and preeminent legal ability. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.

Lee Weatherly has been selected as a 2015 Fellow for the Roper St. Francis Foundation.  As a Fellow, Lee will serve alongside leading St. Francis physicians and staff as ambassadors and advocates of the Roper St. Francis Foundation’s work. During his one year appointment Lee will have a behind the scenes look at all of Roper St. Francis operations, including its Heart & Vascular Center, NeuroSciences & Spine Services, Women’s Services, Rehabilitation Hospital, and Cancer Care.

Carlock, Copeland & Stair, LLP is pleased to announce that Lee Weatherly has accepted a client nomination to join the Claims and Litigation Management Alliance (CLM). CLM is an alliance of insurance companies, corporations, corporate counsel, litigation and risk managers, claims professionals and attorneys. CLM's goal is to promote and further the highest standards of litigation management in pursuit of client defense. Attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows, in-house claims professionals. Lee Weatherly has served as lead counsel in over 70 jury trials and is an active member of both the South Carolina and Kentucky Bars. He has tried cases to verdict involving automobile and motor carrier liability, business and commercial litigation, employment litigation, medical malpractice, premises liability, and property disputes. Lee’s current practice focuses on cases involving general liability, automobile and motor carrier accidents, commercial litigation, employment contracts, correctional health care, medical malpractice, and premises liability. Lee is frequently able to reduce the cost of litigation for his clients by drafting and arguing successful motions for summary judgment or motions to dismiss. These efforts have resulted in the dismissal of numerous cases for medical professionals, health care organizations, HOA boards of directors, correctional health care organizations and medical providers, saving them the extensive cost of complex and lengthy litigation. When cases must proceed past the initial stages, Lee is experienced in efficiently developing a litigation strategy through discovery and successfully resolving claims in mediation, or at trial if necessary. Lee has been published numerous times and is frequently asked to speak to professional groups. In 2013 and 2014, he was named to the South Carolina Rising Stars list as one of the best young lawyers in the state. Less than three percent of the lawyers in the state are named to the list.

We are proud to announce that 10 of our lawyers have been selected for inclusion on the South Carolina Super Lawyers® and Rising Stars lists for 2014. Super Lawyers Kent T. Stair 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 Kathy A. Carlsten Andrew W. Countryman Jackson H. Daniel, III Laura P. Paton Paul E. Sperry Lee C. Weatherly 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.

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 10 of our lawyers have been selected for inclusion on the South Carolina Super Lawyers® and Rising Stars lists for 2013. Super Lawyers Kent T. Stair 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 Kathy A. Carlsten Jackson H. Daniel, III Paul E. Sperry Lee C. Weatherly 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.

Carlock, Copeland & Stair, LLP congratulates the following attorneys on being selected to join the Firm's partnership: Atlanta Office: Broderick W. Harrell, William P. Jones, William D. Newcomb, Brian S. Spitler, and Ryan B. Wilhelm. Charleston, SC Office: Lee C. Weatherly.

Lee Weatherly presented South Carolina Law on Opioid Abuse at the Georgia/South Carolina Society for Healthcare Risk Management annual meeting in Hilton Head, South Carolina, May 10-12, 2017. For more information on this presentation, please contact Lee Weatherly.  

Carlock Copeland’s Annual Insurance Coverage and Bad Faith Seminar for claims professionals serving Georgia, South Carolina and Tennessee was held at the Atlanta Botanical Garden on September 15. Melissa Bailey, Jeff Crudup, Jack Daniel, Alex Davis, Broderick Harrell, Mark Hood, Charlie McDaniel, Kimberly Reeves, David Root, Fred Valz, Lee Weatherly, Sarah Wetmore and Ryan Wilhelm presented. Topics included: • Litigating Coverage Issues Through Appeal • Construction Defect Coverage Issues • Rescinding Policies • Effective Denials and Reservation of Rights Letters • Interplay of Underwriting and Claims • Coverage Issues Involving Additional Insureds • Litigation Coverage Issues In Trucking Policies • Coverage Issues in a Sharing Economy Please contact Patricia F. O’Toole at potoole@carlockcopeland.com for more information.

Lee Weatherly and Karen Salmon presented How Can the Affordable Care Act Reduce Recoverable Damages? on October 19. Even with threats of repeal and overturning during the 2016 election, the Affordable Care Act (ACA) in its essence of guaranteed issue for those with pre-existing conditions is here to stay. The ACA has the potential to provide mediators, arbitrators and courts enough objective information to cap a Plaintiff’s future medical needs to the recovery of premiums and out-of-pocket expenses. Such an application may eventually create an overall reduction in indemnity payments for medical malpractice carriers, and their insureds. This presentation will provide initial recommendations for how to develop an affirmative defense for those complex medical malpractice cases in order to reduce recoverable damages.

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.

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.

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@carlockcopeland.com.  

Lee Weatherly and a representative from MAG Mutual Insurance Company gave the presentation “Why Denying Coverage Isn’t Always the Right Decision, Even When You Can – The Peculiar Case of the Proctor” at Carlock Copeland’s Annual Insurance Coverage and Bad Faith Seminar on September 23, 2015 at the Atlanta Botanical Garden.  In this presentation Lee and the MAG Mutual representative used the real world example of a case where MAG Mutual could have easily denied insurance coverage to its insured physician for his alleged negligence while serving as a surgical proctor in South Carolina.  However, MAG Mutual wisely provided coverage to its doctor and the reasons why this was the best choice was discussed with the highly knowledgeable audience.   For more information about this presentation please contact Lee at LWeatherly@carlockcopeland.com.

The South Carolina Defense Trial Attorneys' Association (SCDTAA) held its 48th Annual Summer Meeting at the Grove Park Inn in Asheville, NC, on July 24, 2015 where, amongst other activities Lee Weatherly presented "The Fall of Ranucci - Where Does Medical Malpractice Defense Go From Here?"  In this presentation Lee outlined the recent South Carolina Appellate Court rulings related to the 2005 South Carolina Tort Reform legislation and suggested strategies to assist in defending medical professionals in light of those recent rulings.  To learn more about this presentation, please contact Lee at LWeatherly@carlockcopeland.com.      

Lee Weatherly spoke on the topic, “Is There a Proctor in the House? The Liability of Proctors for the Negligence of Observed Physicians.” The Medical Legal Summit will be held in Chicago on June 3^rd. The Medical Legal Summit addresses a wide range of medical legal topics to educate and assist claims professionals and attorneys in the complexities of managing claims and litigation involving these topics. Lee has been lead counsel in over 70 jury trials and is an active member of both the South Carolina and Kentucky Bars. He has tried cases to verdict involving automobile and motor carrier liability, business and commercial litigation, employment litigation, medical malpractice, premises liability, and property disputes. Lee’s current practice focuses on cases involving general liability, automobile and motor carrier accidents, commercial litigation, employment contracts, correctional health care, medical malpractice, and premises liability. Lee is frequently able to reduce the cost of litigation for his clients by drafting and arguing successful motions for summary judgment or motions to dismiss. These efforts have resulted in the dismissal of numerous cases for medical professionals, health care organizations, HOA boards of directors, correctional health care organizations, and medical providers saving them the extensive cost of complex and lengthy litigation. Lee has been published numerous times and is frequently asked to speak to professional groups. In 2013 and 2014, he was named to the South Carolina Rising Stars list as one of the best young lawyers in the state. Less than three percent of the lawyers in the state are named to the list. About the CLM The Claims and Litigation Management Alliance (CLM) promotes and furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. CLM’s Members and Fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provides resources and fosters communication among all in the industry. To learn more about the CLM, please visit www.theclm.org. Contact: Susan Wisbey-Smith, Communications Manager Claims and Litigation Management Alliance 847-317-9103 susan.wisbey-smith@theclm.org

Lee Weatherly presented "The Supreme Court has spoken on medical malpractice. What do we do now?" at the "South Carolina Tort Law Update" Seminar on February 13th, 2015.

Charlie McDaniel, Lee Weatherly and Sarah Wetmore gave this presentation at the Firm's Insurance Coverage and Bad Faith Seminar.

Lee C. Weatherly presented "Fighting Demands for the Limits of Property Damage Coverage in Catastrophic Auto Cases" at the Carlock Copeland & Stair Sixth Annual General Liability and Workers' Compensation Seminar on June 17, 2014 at Turner Field.

Lee Weatherly presented “Ethics in Using Social Media” at the Carlock, Copeland & Stair Insurance Coverage and Bad Faith Seminar September 19, 2013 at the Atlanta Botanical Garden.

Heather Miller and Lee Weatherly presented "The Role of Social Media" at the Carlock Copeland & Stair Fifth Annual General Liability and Workers' Compensation Seminar on June 20, 2013 at Turner Field.

Lee Weatherly and Kristen Thompson presented "Tips on Handling South Carolina Claims" to claims adjusters in Macon, GA on Thursday, November 29, 2012. The presentation included: (1) How to Avoid Default Judgments; (2)Attacking Excessive Medical Specials; and (3) Social Media: A Powerful Tool.

"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.

"An Analysis of the Practical Application of the S.C. Contribution Among Joint Tortfeasors Act and the Issue of Nonparty Fault."Lee Weatherly and Sarah Wetmore. General Liability and Workers' Compensation Seminar. June 26, 2012. Atlanta, GA.

"Venue in South Carolina: The Most Important Factors in Valuing S.C. Cases" and "South Carolina Spoliation." Lee Weatherly. General Liability and Workers' Compensation Seminar. June 22, 2011. Atlanta, GA.

Dave Root and Lee Weatherly co-presented Don’t Lose the Defense Before the Case Begins: A Discussion on Spoliation of Evidence and Avoiding E-Discovery Pitfalls at the General Liability and Workers' Compensation Seminar hosted by Carlock, Copeland & Stair, LLP on June 22, 2011.

Fred Valz, Heather Miller, and Lee Weatherly co-presented "Significant Developments in Georgia and South Carolina Law" at the General Liability and Workers' Compensation Seminar hosted by Carlock, Copeland & Stair, LLP on June 22, 2011.

Lee Weatherly spoke to 3rd year residents in the Department of Family Medicine at the Medical University of South Carolina on February 17, 2011 in Charleston, South Carolina. Lee presented physicians with information to help them prepare for potential future medical malpractice claims and to help guide them through the litigation process. He also discussed with them simple, cost-effective, steps a physician can take to prevent such claims. For more information on this program, or to have Lee present the program to your group, contact him at LWeatherly@carlockcopeland.comor (843)266-8202.

"Considering the Effect of Internal Policies on Medical Malpractice Liability." Lee C. Weatherly. Law Journal Newsletters, Medical Malpractice Law & Strategy. Volume 27. Number 11. August 2010. Click hereto read the article.

"Formulating Internal Policies and Procedures: Their Effect on Medical Malpractice Liability Should Be Considered." Lee C. Weatherly. Law Journal Newsletters, Medical Malpractice Law & Strategy. Volume 27. Number 10. July 2010. Click hereto read the article.

"The Federal Arbitration Act and Mandatory Arbitration Provisions." Lee C. Weatherly. Law Journal Newsletters, Medical Malpractice Law & Strategy. Volume 25. Number 10. July 2008.

"South Carolina Venue and Use of Offers of Judgment for Tort Cases." Lee C. Weatherly. Presentation to Assurance America. Atlanta, Georgia. November 2007.

"Building your Civil Trial Skills." Lee C. Weatherly. NBI Seminar. December 20, 2006.

"Recent Developments for Out-Of-State Experts Testifying in South Carolina Courts." Lee C. Weatherly. Carlock, Copeland & Stair Quarterly Newsletter. Volume III, Issue 4. Fall 2006.

"South Carolina Tort Reform…and what it means to us." Lee C. Weatherly. Presentation to Progressive Insurance. Charleston, South Carolina. December 2005.

"A Paralegal's Role in Civil Discovery." Lee C. Weatherly. Presentation to Paralegal Associate Degree Students. Trident Technical College, Charleston, South Carolina. October 2005.

"Biomechanical Experts in Low Speed Auto Accidents Update." Lee C. Weatherly. Presentation to Nationwide Insurance. Charleston, South Carolina. June 2004.