Results – Carlock Copeland https://carlockcopeland.com Mon, 11 Jun 2018 21:06:26 +0000 en-US hourly 1 Summary Judgment Granted in Bad Faith Case https://carlockcopeland.com/results/summary-judgment-granted-bad-faith-case/ Wed, 23 May 2018 18:50:55 +0000 https://carlockcopeland.com/?post_type=results&p=16706 Fred Valz and Melissa Bailey obtained summary judgment for their insurer client in a first party bad faith action.  The insured claimed that the carrier wrongfully denied coverage for a commercial cargo loss and that denial constituted bad faith under Georgia law.  Ruling in favor of the carrier, the Gwinnett County State Court upheld the…

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Fred Valz and Melissa Bailey obtained summary judgment for their insurer client in a first party bad faith action.  The insured claimed that the carrier wrongfully denied coverage for a commercial cargo loss and that denial constituted bad faith under Georgia law.  Ruling in favor of the carrier, the Gwinnett County State Court upheld the carrier’s denial, ruling that there was no coverage for the loss and, as a result, all of the insured’s claims against the carrier, including the claim for bad faith, failed as a matter of law.

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Angela Kopet Defends Client in Automobile Accident, Obtains Favorable Result https://carlockcopeland.com/results/angela-kopet-defends-client-automobile-accident-obtains-favorable-verdict/ Tue, 22 May 2018 20:04:10 +0000 https://carlockcopeland.com/?post_type=results&p=16691 Angela Kopet successfully defended a client involved in a motor vehicle accident whom entered a highway and struck the side of plaintiff’s car. Plaintiff thereafter lost control and flipped her car down an embankment. Plaintiff sought $500,000 in damages. At trial Angela admitted her client struck Plaintiff’s car, but argued that it was a minor impact…

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Angela Kopet successfully defended a client involved in a motor vehicle accident whom entered a highway and struck the side of plaintiff’s car. Plaintiff thereafter lost control and flipped her car down an embankment. Plaintiff sought $500,000 in damages.

At trial Angela admitted her client struck Plaintiff’s car, but argued that it was a minor impact and Plaintiff should have been able to remain on the roadway after the impact. Instead, she lost control of her vehicle which was the cause of the damages.  The jury returned a verdict finding Plaintiff 40% at fault for the accident and awarded $28,000 in damages.  After calculating the comparative fault of Plaintiff, the verdict was in the amount of $16,800, less than 4 % of the amount sought by plaintiff.

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Summary Judgment in Favor of Gastroenterologist in United States District Court https://carlockcopeland.com/results/summary-judgment-favor-gastroenterologist-united-states-district-court/ Tue, 01 May 2018 13:32:27 +0000 https://carlockcopeland.com/?post_type=results&p=16648 Lee Weatherly was successful in obtaining summary judgment in United States District Court for the District of South Carolina for an Aiken gastroenterologist and his group in a wrongful death, medical malpractice case. The Plaintiff alleged that the gastroenterologist’s failure to place a stent in the deceased’s pancreatic duct during an endoscopic retrograde cholangio-pancreatography (ERCP) procedure…

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Lee Weatherly was successful in obtaining summary judgment in United States District Court for the District of South Carolina for an Aiken gastroenterologist and his group in a wrongful death, medical malpractice case. The Plaintiff alleged that the gastroenterologist’s failure to place a stent in the deceased’s pancreatic duct during an endoscopic retrograde cholangio-pancreatography (ERCP) procedure was a breach of the standard of care, causing her to suffer from severe pancreatitis, and later causing her death.  Although Lee presented significant expert testimony to dispute the allegation that a stent was required by the standard of care in this case, he conceded that an issue of fact existed on that issue.  However, he was able to prove through expert and treating physician testimony that the deceased’s death was not related in any way to pancreatitis or the gastroenterologist’s decision not to place a stent in her pancreatic duct during the procedure.  As Plaintiff failed to present any evidence to support the allegation that the physician’s alleged negligence was the cause of his daughter’s death, the Court dismissed the action against the gastroenterologist and his group as a matter of law. For more information on the case, contact Lee at lweatherly@carlockcopeland.com.

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Gary Lovell and Doug Mackelcan Obtain Dismissal in Medical Malpractice Case https://carlockcopeland.com/results/gary-lovell-doug-mackelcan-obtain-dismissal-medical-malpractice-case/ Tue, 10 Apr 2018 18:07:26 +0000 https://carlockcopeland.com/?post_type=results&p=16606 Gary Lovell and Doug MacKelcan obtained a dismissal with prejudice for a general surgeon client in a medical malpractice case in Oconee County, South Carolina. The Plaintiff alleged the doctor deviated from the standard of care in his treatment of the patient in the hospital following bowel surgery. Through extensive discovery, Gary and Doug convinced Plaintiffs that the…

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Gary Lovell and Doug MacKelcan obtained a dismissal with prejudice for a general surgeon client in a medical malpractice case in Oconee County, South Carolina. The Plaintiff alleged the doctor deviated from the standard of care in his treatment of the patient in the hospital following bowel surgery. Through extensive discovery, Gary and Doug convinced Plaintiffs that the doctors’ treatment of the patient met the standard of care and a dismissal with prejudice was warranted.

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Summary Judgment for National Oil Company in Premises Liability Case https://carlockcopeland.com/results/summary-judgment-national-oil-company-premises-liability-case/ Tue, 10 Apr 2018 18:01:51 +0000 https://carlockcopeland.com/?post_type=results&p=16604 Fred Valz and Melissa Bailey recently won summary judgment for their international oil carrier client in a premises liability case.  The oil company licensed the use of its brand to a station operator, and it was subsequently sued for personal injuries sustained by a customer at the station.  We argued that, because there was not an…

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Fred Valz and Melissa Bailey recently won summary judgment for their international oil carrier client in a premises liability case.  The oil company licensed the use of its brand to a station operator, and it was subsequently sued for personal injuries sustained by a customer at the station.  We argued that, because there was not an agency relationship or joint venture between the oil company and the station owner, the oil company could not be held liable for the acts or omissions of the station owner.  The State Court of DeKalb County agreed, and summary judgment was granted in favor of our client.

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No Coverage for Fatal Fall from Aerial Ladder https://carlockcopeland.com/results/no-coverage-fatal-fall-aerial-ladder/ Tue, 10 Apr 2018 17:59:03 +0000 https://carlockcopeland.com/?post_type=results&p=16600 Fred Valz and Melissa Bailey recently secured summary judgment for a commercial auto carrier following a fatal fall from an aerial ladder.  The decedent was extended in the air on a boom ladder affixed to the bed of a commercial vehicle when he fell from its basket.  We argued on behalf of the carrier that…

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Fred Valz and Melissa Bailey recently secured summary judgment for a commercial auto carrier following a fatal fall from an aerial ladder.  The decedent was extended in the air on a boom ladder affixed to the bed of a commercial vehicle when he fell from its basket.  We argued on behalf of the carrier that no coverage was afforded under the policy because the loss arose when the vehicle was being used solely as a pedestal for the ladder rather than as a vehicle.  The Northern District of Georgia agreed and ruled that, as a matter of law, the policy did not provide coverage for the loss.

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Multi-Office Effort Leads to Dismissal of State Court Lawsuit https://carlockcopeland.com/results/multi-office-effort-leads-dismissal-state-court-lawsuit/ Tue, 10 Apr 2018 17:55:30 +0000 https://carlockcopeland.com/?post_type=results&p=16590 Mark Rogers and Joe Kingma of our Atlanta office combined with Patrick Norris and Clinton Magill of our Charleston office to obtain dismissal of a claim against an outside insurance adjuster in a dispute related to an 8-figure, multi-layer hurricane loss in South Carolina state court.  After briefing and oral argument, the judge granted the…

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Mark Rogers and Joe Kingma of our Atlanta office combined with Patrick Norris and Clinton Magill of our Charleston office to obtain dismissal of a claim against an outside insurance adjuster in a dispute related to an 8-figure, multi-layer hurricane loss in South Carolina state court.  After briefing and oral argument, the judge granted the motion to dismiss relating to claims for breach of contract and injunctive relief.  The dismissal was without prejudice, so stay tuned for a potential round two in the near future.

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Case Against Surgeon Dismissed Without Payment https://carlockcopeland.com/results/case-surgeon-dismissed-without-payment/ Thu, 22 Mar 2018 16:55:10 +0000 https://carlockcopeland.com/?post_type=results&p=16509 On March 8, 2018, Gary Lovell and Lee Weatherly secured a dismissal for their client, a surgeon and his practice in a Columbia, South Carolina medical malpractice case. This claim arose out of an elective sacrocolpopexy cystoscopy Plaintiff underwent performed by an OB-GYN co-defendant.  The gynecologist began the procedure and called our client to assist in removing a loop…

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

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Dismissal Secured for Roadway Designer https://carlockcopeland.com/results/dismissal-secured-roadway-designer/ Tue, 13 Mar 2018 18:43:09 +0000 https://carlockcopeland.com/?post_type=results&p=16460 Kent Stair, Bill Jones, and Tawny Mack secure voluntary dismissal with prejudice of roadway designer in catastrophic injury action arising from the Plaintiff’s collision with a guard rail. The Plaintiff claimed that a design detail within the roadway designer’s drawings led to the guard rail rupturing and penetrating the passenger compartment of Plaintiff’s vehicle. The…

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Kent Stair, Bill Jones, and Tawny Mack secure voluntary dismissal with prejudice of roadway designer in catastrophic injury action arising from the Plaintiff’s collision with a guard rail. The Plaintiff claimed that a design detail within the roadway designer’s drawings led to the guard rail rupturing and penetrating the passenger compartment of Plaintiff’s vehicle. The defense team successfully used the discovery process to persuade Plaintiff’s counsel that the design met the applicable standard of care. Shortly after leveraging the depositions of the roadway builder and Plaintiff’s experts, the defense team obtained a dismissal of the roadway designer with prejudice.

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Dismissal Obtained for Engineering Firm https://carlockcopeland.com/results/dismissal-obtained-engineering-firm/ Tue, 13 Mar 2018 18:42:30 +0000 https://carlockcopeland.com/?post_type=results&p=16462 Bill Jones and Tawny Mack obtain voluntary dismissal of professional negligence counterclaims alleged against engineering firm after moving to dismiss these claims. The motion was based upon the counterclaimant’s failure to file an expert affidavit with its counterclaims. Shortly after being served with the motion, the counterclaimant dismissed its claims against the engineering firm.  

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Bill Jones and Tawny Mack obtain voluntary dismissal of professional negligence counterclaims alleged against engineering firm after moving to dismiss these claims. The motion was based upon the counterclaimant’s failure to file an expert affidavit with its counterclaims. Shortly after being served with the motion, the counterclaimant dismissed its claims against the engineering firm.

 

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