CURRICULUM VITAE OF ADAM MALONE. Instrument rated Multi-engine rated Certified Advanced Open Water Diver Muay Thai Brazilian Jiu Jitsu.

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1 CURRICULUM VITAE OF ADAM MALONE PERSONAL Born November 22, 1972 Married to Barbara Berry Malone Children: Interests: Madeleine Berry Malone Emilie Grace Malone Rosser Adams Malone, Jr. Private Pilot Instrument rated Multi-engine rated Certified Advanced Open Water Diver Muay Thai Brazilian Jiu Jitsu EDUCATION John Marshall Law School JURIS DOCTOR (VALEDICTORIAN) 2000 North Georgia Military College BACHELOR OF ARTS 1996 EMPLOYMENT Partner PRESENT MALONE LAW OFFICE Associate THOMAS WILLIAM MALONE, P.C. Assistant Prosecutor (Third Year Practice Act) CLAYTON COUNTY DISTRICT ATTORNEY Judicial Intern for Chief Judge G. Alan Blackburn GEORGIA COURT OF APPEALS 1

2 PROFESSIONAL AND ACADEMIC HONORS 2010 Courageous Pursuit of Justice Award, Georgia Trial Lawyers Association 2010 Georgia Super Lawyer, annual publication of lawyers who have attained a high degree of peer recognition and professional achievement 2010 The Best Lawyers in America, the oldest legal peer review publication in the U.S Selected by Georgia Trend for inclusion of its Top 40 Under 40 of Georgia s Best and Brightest edition 2008 Fulton County Daily Report On the Rise: Named 1 of 12 Best Lawyers in Georgia under age Distinguished Alumni Award, John Marshall Law School 2009 Rising Star, Georgia Super Lawyers 2006 Rising Star, Georgia Super Lawyers 2005 Rising Star, Georgia Super Lawyers 2002 Distinguished Service & Leadership Award, Southern Trial Lawyers Association JOHN MARSHALL LAW SCHOOL Valedictorian of Class of 2000 Summa Cum Laude West Publisher s Award for Academic Excellence Judge Harold R. Banke Advocacy Award Student Bar Association President ( ) Student Bar Association Secretary ( ) ATLA Student Chapter Vice President ( ) Journalist for the JMLS Advocate Mock Trial Team 1999 ATLA National Mock Trial Semi-finalist 1998 ATLA National Mock Trial Semi-finalist NORTH GEORGIA MILITARY COLLEGE ROTC Corps of Cadets Cadet 2d Lieutenant 2

3 Platoon Leader, 1 st Platoon, Foxtrot Company 1996 Graduate Noncommissioned Officers Academy 1995 Political Science Club PROFESSIONAL MEMBERSHIPS AND SERVICE State Bar of Georgia General Practice and Trial Section Product Liability Section Aviation Section Tort and Insurance Section United States Court of Appeals for the Eleventh Circuit United States District Court for the Northern District United States District Court for the Middle District Supreme Court of the State of Georgia Court of Appeals of the State of Georgia American Bar Association (ABA) Tort Trial and Insurance Practice Section American Board of Professional Liability Attorneys, Diplomate Medical Negligence American Association for Justice (AAJ) Birth Trauma Litigation Group Professional Negligence Section Traumatic Brain Injury Litigation Group Product Liability Section Aviation Litigation Section Trucking Litigation Section Motor Vehicle Collision, Highway & Premises Liability Section Gastric Bypass Litigation Group Georgia Trial Lawyers Association (GTLA) Southern Trial Lawyers Association (STLA) (By invitation only) Melvin M. Belli Society, Fellow (By invitation only) Atlanta Bar Association Litigation Section of the Atlanta Bar Association Lawyers Club of Atlanta (By invitation only) Civil Justice Foundation Lawyers Foundation of Georgia, Life Fellow (By invitation only) Academy of Trial Advocacy (By invitation only) Lawyer-Pilots Bar Association Cobb County Bar Association BOARD MEMBERSHIPS American Association for Justice BOARD OF GOVERNORS John Marshall Law School 2010-PRESENT 3

4 BOARD OF DIRECTORS American Board of Professional Liability Attorneys BOARD MEMBER Brain Injury Association of America ADVISORY BOARD ON ATTORNEY CERTIFICATION General Practice and Trial Section of the State Bar of Georgia BOARD MEMBER 2009-PRESENT 2007-PRESENT 2009-PRESENT 2003-PRESENT Young Lawyers Division of the of the State Bar of Georgia BOARD MEMBER Southern Trial Lawyers Association BOARD OF GOVERNORS Traumatic Brain Injury Litigation Grp American Assoc. for Justice BOARD OF GOVERNORS PRESENT Interstate Trucking Litigation Group of AAJ BOARD OF GOVERNORS Melvin M. Belli Society BOARD OF GOVERNORS Civil Justice PAC 2009-PRESENT 2004-PRESENT BOARD MEMBER John Marshall Law School Foundation BOARD MEMBER 2002-PRESENT Georgia Consumer Justice Foundation BOARD OF GOVERNORS OFFICES HELD AND PROFESSIONAL SERVICE WORK General Practice and Trial Section of the State Bar of Georgia CHAIR General Practice and Trial Section of the State Bar of Georgia CHAIR-ELECT General Practice of Trial Section of the State Bar of Georgia SECRETARY/TREASURER General Practice and Trial Section of the State Bar of Georgia EDITORIAL BOARD FOR CALENDAR CALL (SECTION BAR JOURNAL) State Bar of Georgia Standing Committee for General Counsel ADVISOR SUPREME COURT SUB-COMITTEE State Bar of Georgia Standing Committee for General Counsel ADVISOR SUPREME COURT SUB-COMITTEE State Bar of Georgia Standing Committee for General Counsel ADVISOR

5 Southern Trial Lawyers Association PRESIDENT Southern Trial Lawyers Association PRESIDENT-ELECT Southern Trial Lawyers Association TREASURER Southern Trial Lawyers Association SECRETARY Southern Trial Lawyers Association PARLIAMENTARIAN Professional Negligence Section American Assoc. for Justice CHAIR Professional Negligence Section American Assoc. for Justice SECRETARY Professional Negligence Section American Assoc. for Justice TREASURER Professional Negligence Section American Assoc. for Justice NEWSLETTER EDITOR Georgia Trial Lawyers Association EXECUTIVE COUNCIL, AAJ BOG Georgia Trial Lawyers Association CHAIRMAN OF LEGAL EDUCATION Georgia Trial Lawyers Association CHAIRMAN OF LEGAL EDUCATION Georgia Trial Lawyers Association MEMBERSHIP COMMITTEE, CO-CHAIR PRESENT Melvin M. Belli Society TREASURER Melvin M. Belli Society PARLIAMENTARIAN John Marshall Law School Alumni Association PRESIDENT John Marshall Law School COACH MOCK TRIAL TEAM 2006 John Marshall Law School COACH MOCK TRIAL TEAM

6 SIGNIFICANT VERDICTS & SETTLEMENTS $24,529, jury verdict representing compensatory damages for claims against an orthopedic physician, the physician s group and a hospital for the actions of its nurses that led to the amputation of a 14-year-old young man s right leg. Reginald B. Harris, Jr., a Minor, et al. vs. Sumter Regional Hospital, Inc., Albany Orthopaedic Clinic, Inc., Duncan R. Marsh, Superior Court of Dougherty County; Civil Action File No. 06CV (2008). $16,500, jury verdict representing compensatory damages for minor child who suffered liver failure and a liver transplant at 4 months of age caused by a failure of her health care providers to follow-up on an abnormal cyst detected on ultrasound in utero. Yamada vs. Northside Hospital, Inc., Northside Pediatrics & Adolescent Medicine, P.C. and Women s Health Associates, P.C., State Court of Fulton County, Atlanta, Georgia C.A.F. 2005VS076354G (2006). August $12,000, jury verdict representing compensatory damages for a severely brain injured child who suffers from hypoxic ischemic encephalopathy, including cerebral palsy, seizure disorders, and global developmental delays as a result of an untimely cesarean section and mismanagement of labor by a nurse midwife and an obstetrician. Tate v. Clark-Holder Clinic et al., C.A.F. SU01CV2528 Muscogee County Superior Court, Columbus, Georgia (2001). September $6,250, jury verdict representing compensatory damages for a 32 year old male against a hospital and a subsidiary company owned by the hospital for injuries suffered as a result of an improperly performed colostomy. The verdict included $1,000, for loss of consortium to his spouse. Krenson Edward Kniphfer, et al. v. Memorial Health University Medical Center, Inc. and MPPG, Inc., C.A.F F Chatham County State Court, Savannah, Georgia (2001). November $5,250, jury verdict representing compensatory damages for the wrongful death of three children who burned in a propane explosion due to the negligence of an agent for Blossman Gas, Inc. in illegally filling an out-of-date 100 pound propane tank with a defective valve. Ginger Evans v. Blossman Gas, Inc., Blossman Gas, Inc. of Georgia, and H&H Shoppette, Inc., C.A.F. 03-VS Fulton County State Court, Atlanta, Georgia (2004). October $1,265, jury verdict in a cosmetic surgery case representing compensatory damages for a 71year old lady who suffered scars on her face following simultaneous full face CO2 laser resurfacing and facelift. This verdict included $250, for loss of consortium to her spouse. Betty Nestlehutt et al. v. Altanta Oculoplastic Surgery, P.C. d/b/a Oculus, C.A.F CV J Fulton County State Superior Court (2008). September

7 $1,015, jury verdict representing compensatory damages equaling the full value of the life of 43 year old male who was killed in a collision with a tractor-trailer carrying a load of logs. Leslie Phillips, et al. v. Meeks Logging Co., Inc., C.A.F. 01-CV-211 Emanuel County Superior Court (2001). July $760, jury verdict and collected $913, after verdict affirmed on appeal. Amount represents compensatory damages for nine-year-old child who suffered two broken legs and keloid scarring after being struck by a truck as a result of the Ledic after school program supervisor's failure to provide adequate child supervision. Shaatia J'nai Brown, et al. v. Ledic Management Group et. al., C.A.F. 99VS H Fulton County State Court, Atlanta, Georgia (1999). July $126, jury verdict representing compensatory damages for a 42 year-old male who was mishandled by Delta agents when they carelessly dislodged a surgical drain tube in his hip while rendering him assistance exiting the aircraft. Carraro v. Delta Airlines Inc. and AHL Services, Inc., C.A.F. 00VS , Fulton County State Court, Atlanta, Georgia (2000). January $5,900, confidential presuit settlement arising out of an automobile collision on Interstate 75 in Atlanta, Georgia and resulting in the traumatic brain injury of a 32 yearold husband and father. (December, 2009) $4,992, settlement representing full policy limits of insurance arising out of a tractor trailer collision at the I-575 northbound ramp and Hwy 92 in Cherokee County, Georgia and resulting in the traumatic brain injury of a 49 year-old husband and father. (January, 2010) $4,000, confidential pretrial settlement representing the full insurance policy limits for the wrongful death of 48 year old man killed by a tractor-trailer truck driver who fell asleep at the wheel.. (January, 2008) $12,350, confidential pretrial settlement arising out of a product liability action representing compensatory damages for a 49 year-old man who suffered a traumatic brain injury from a left-sided subdural hematoma leaving him with moderate cognitive deficits. (June, 2008) $1,300, pretrial settlement for 43 year-old school teacher disabled from low back pain following an automobile collision. Blankenship v. Glover Food Service, et al., C.A.F. 04-SV-235, Sumter County State Court. (September, 2007) $8,000, confidential pretrial settlement representing compensatory damages for complications caused by a botched elective surgical procedure for weight loss. (2007) $845, confidential pre-suit settlement for 12 year old girl who suffered an incomplete neurologic problem causing numbness in one leg due to failure of tech to properly monitor evoked potentials during spine surgery. (2007) 7

8 $1,200, confidential pretrial settlement representing compensatory damages for misdiagnosis of a spinal problem resulting in permanent paralysis. (2007) $700, pretrial settlement representing compensatory damages for a 59 year old retired Vietnam veteran who suffered a fractured hip and pelvis when a tow truck failed to yield while turning left in front of him. Horne v. Lewis & Lewis Towing, C.A.F. 06EV000367Y, Fulton County State Court, Atlanta, Georgia (2006). (February, 2007) $1,000, pretrial settlement representing the full insurance policy limits for the wrongful death of 48 year wife and homemaker killed by a tow truck that crossed the center line. Davis v. B&D Towing, C.A.F. 2005CV07484D Clayton County State Court, Jonesboro, Georgia (2006). (February, 2006) $2,452, confidential pretrial settlement representing compensatory damages for a patient who suffered burns in an operating room fire. (2005) $1,590, confidential pretrial wrongful death settlement arising of a tractor-trailer wreck caused by a trucker who fell asleep at the wheel. (2005) $1,000, confidential settlement representing full insurance policy limits for the wrongful death of a wife and school teacher who died of a misdiagnosed brain bleed. (2004) $1,000, pretrial settlement representing compensatory damages for a 27 year old man disabled by chronic lower back pain from injuries caused by a negligent motorist who failed to yield when turning left in front of him. Plaintiff v. William Douglas Langmack, C.A.F. Cobb County State Court, Marietta, Georgia (2002). (August, 2003) $2,000, pretrial settlement representing compensatory damages for the wrongful death of a 29 year old wife, mother, and homemaker who was killed when a forklift driver failed to yield to her oncoming vehicle and pulled out in front of her. Cheely v. Thomson Oak Flooring Company, C.A.F McDuffie County Superior Court, Thomson, Georgia (2002). (June, 2003) $1,000, confidential pretrial settlement representing compensatory damages for the wrongful death of a premature infant. (2002) $950, confidential pretrial settlement representing compensatory damages for the wrongful death of a husband and father employed as a delivery driver for misdiagnosis of heart condition. (2002) 8

9 BOOK CHAPTERS, PROFESSIONAL ARTICLES, AND LECTURES 1. Wrongful Death Big Rig Accident Value of Human Life, Art of Advocacy Summation, Chapter 24, Mathew Bender & Company, Inc., a member of the LexisNexis Group. Publication 30, Release 23, November Party Selection, Jurisdiction & Venue in Medical Negligence Cases, Institute for Continuing Legal Education of Georgia, Georgia Law of Torts: Preparation for Trial, Presented Atlanta, Georgia, October 25, Proving the Value of a Scar, Institute for Continuing Legal Education of Georgia, Recent Verdicts Seminar, Presented Atlanta, Georgia, December, Proving the Value of a Scar, Melvin M. Belli Society Annual Seminar, Presented Chicago, Illinois, July, Arguing for General Damages, Southern Trial Lawyers Association, Presented at the Annual Meeting in New Orleans, Louisiana, February Demonstrative Evidence: The Trial of a Medical Negligence Case for a Brain Damaged Baby, Institute for Continuing Legal Education of Georgia, Trial Advocacy Recent Trials, Presented Atlanta, Georgia December 20, Affordable High Tech Trials, ATLA Motor Vehicle Collision, Highway, and Premises Liability Section and Low Speed Impact Section, Presented at the ATLA Annual Convention in San Francisco, California, July 21, The Fundamentals of Voir Dire and Jury Selection, General Practice and Trial Section of the State Bar of Georgia, Presented Isle of Palms, South Carolina March 21, Organizing the Medical Malpractice Case, Tommy Malone on Healthcare Malpractice Case Evaluation and Review Manual: Intake to Filing, Vol. 1, Ch. 1, 2003 PESI Law Publications. 10. Handling the Plaintiff s Medical Negligence Case: Written Discovery Strategy as it Relates to Deposition Strategy, PESI Deposition Bootcamp, Presented Atlanta, Georgia May 15, The Death of Juror Rehabilitation: Jury Selection After Kim v. Walls, Calendar Call, Vol. VII, No. 3, Summer 2003, General Practice & Trial Section of the State Bar of Georgia. 12. Holding the Hospital Accountable for Physician Negligence, American Bar Association, Section of Litigation, Health Care Litigation Newsletter, 8th Ed., Vol. 3. 9

10 13. Voir Dire and Conduct of the Judge and Jury, GTLA Trial Practice Manual, 5 th Edition, January Voir Dire and Conduct of the Judge and Jury, GTLA Trial Practice Manual, 6 th Edition, January Voir Dire and Conduct of the Judge and Jury, GTLA Trial Practice Manual, 7 th Edition, January Cross Examination of the Defense Medical Expert, ATLA, Motor Vehicle Collision, Highway, and Premises Liability Section and Low Speed Impact Section, Presented in New Orleans, Louisiana April, Daubert & Damages, Demystifying Daubert: A Practical Guide to Georgia s New Evidence Rule. Presented GTLA Fall Workshop. Fall Fire in the Operating Room!, American Board of Professional Liability Attorneys, Presented Ritz-Carlton in Palm Beach, Florida, June 8-10, Fire in the Operating Room!, Melvin M. Belli Society Annual Seminar, Presented in Seattle, Washington, July Organizing the Medical Malpractice Case, Institute for Continuing Legal Education of Georgia, Jury Trials Seminar, Presented Atlanta, Georgia May 23, The Step by Step Winning Method of Proving and Successfully Arguing Loss of Future Earning Capacity, Southern Trial Lawyers Association, Presented at the Annual Meeting in New Orleans, Louisiana, February Direct Examination of a Pediatric Neurologist, Southern Trial Lawyers Association, Presented at the Annual Meeting in New Orleans, Louisiana, February Live Demonstration of Cross Examination of an Independent Medical Examiner, Southern Trial Lawyers Association, Presented at the Annual Meeting in New Orleans, Louisiana, February Voir Dire in the New Millennium, Georgia Trial Lawyers Association Annual Seminar and Convention, Presented Atlanta, Georgia, May 6-7, Dead Men do Tell Tales: Odd Wrongful Death Cases and Unique Issues that Arise in Run-of-the-Mill Wrongful Death Cases, Jointly presented with Michael J. Goldman, Esq., Atlanta, Georgia July 12, Summation: 3 Lessons Learned at the Knee of a Master, Institute for Continuing Legal Education of Georgia, Medical Malpractice Seminar, Presented Atlanta, Georgia June,

11 27. Seminar Chairperson, Ultimate Medical Malpractice Seminar, Georgia Trial Lawyers Association, Atlanta, Georgia, March 11, Seminar Co-Chairperson, Georgia Trial Lawyers Association Holiday Workshop, Atlanta, Georgia, December 8, Seminar Chairperson, Never Settle for Less, Annual Southern Trial Lawyers Association Convention, New Orleans, Louisiana, February 14-18, Seminar Chairperson, Jury Trials Seminar, General Practice & Trial Section, State Bar of Georgia Conference Center, Atlanta, Georgia, May 11, Persuasion for Younger Lawyers, Melvin M. Belli Society Annual Seminar, Presented in Chicago, Illinois, July Persuasion: From Deposition to Verdict, Indiana Trial Lawyers Association, Presented in Indianapolis, Indiana, October Demonstrative Evidence, Institute for Continuing Legal Education of Georgia, Presented, November 28, Seminar Co-Chairperson, Georgia Trial Lawyers Association Holiday Workshop, Atlanta, Georgia, December 7, Seminar Chairperson, Jury Trials Seminar, General Practice & Trial Section, State Bar of Georgia Conference Center, Atlanta, Georgia, December 14, Seminar Co-Chairperson, Annual Southern Trial Lawyers Association Convention, New Orleans, Louisiana, January 30-February 1, Amputation in South Georgia, American Board of Professional Liability Attorneys, Annual Conference in Atlanta, Georgia, June 5-7, Amputation in South Georgia, Melvin M. Belli Society, Presented in Philadelphia, Pennsylvania, July 11, It s All in the Plaintiff s Head: Dealing with Somatoform Disorder and Malingering Defenses, Traumatic Brain Injury Litigation Group of the American Association for Justice Annual Convention, Philadelphia, Pennsylvania, July 14, On Opening Statement, Jury Trials Seminar, General Practice & Trial Section, State Bar of Georgia Conference Center, Atlanta, Georgia, January 16, Direct Examination of the Biomechanical Engineer, American Association for Justice Winter Convention, New Orleans, Louisiana, February 7-11,

12 42. Amputation in South Georgia, Annual Southern Trial Lawyers Association Convention, New Orleans, Louisiana, February 18-22, Medical Malpractice After Tort Reform, Annual General Practice & Trial Institute, General Practice and Trial Section of the State Bar of Georgia, Amelia Island, Florida, March 12-14, Powerful Analogies in Arguing Damages; Contrasting People, Places and Things; The Keys to Persuasive Damages on Summation, PESI Absolute Litigators Conference: Winning in Changing Times, Las Vegas, Nevada, April 5-7, Lessons Learned in a $24.5 million Malpractice Case Old and New; Insights for Changing Times, PESI Absolute Litigators Conference: Winning in Changing Times, Las Vegas, Nevada, April 5-7, Seminar Chairperson, Georgia Trial Lawyers Association Annual Convention, Atlanta, Georgia, April 16-17, Georgia s Super Daubert Rules in Medical Cases, Georgia Trial Lawyers Association Annual Convention, Atlanta, Georgia, April 16-17, Dealing with Somatoform Disorder and Malingering Defenses in Motor Vehicle Cases, Georgia Trial Lawyers Association Annual Convention, Atlanta, Georgia, April 16-17, Calling the Defendant Healthcare Provider in Your Case-in-Chief: Pros and Cons, AAJ Annual Convention, San Francisco, California, July 25-29, The Use of Depositions at Trial, AAJ Annual Convention, San Francisco, California, July 25-29, A Cosmetic Surgery Disaster, Melvin M. Belli Society, Presented in San Francisco, California, July, Daubert In The Fatigued Trucker Case & Other Issues Concerning Expert Testimony, APITLA Seminar, Las Vegas, Nevada, September 13-15, Medical Malpractice: Case Selection and Pursuit of the Adequate Recovery, GTLA Fall Workshop, Savannah, Georgia, October 16, Expert Testimony in Medical Negligence Cases, ICLE Program, State Bar of Georgia Headquarters, Atlanta, Georgia, October 1, Medical Malpractice: Case Selection and Pursuit of the Adequate Recovery After Tort Reform, GTLA Fall Workshop, Savannah, Georgia, October 16,

13 56. Joint & Several Liability, Apportionment, and Set-Off: What is the Law in Georgia?, ICLE Annual Trial Practice Program, Georgia Public Broadcasting Television Station, November 6, Be a Safety Advocate, STLA Annual Conference, New Orleans, Louisiana, February 10-14, It s All in the Plaintiff s Head: Dealing with Somatoform Disorder and Malingering Defenses, Florida Justice Association 2010 Workhorse Seminar, Orlando, Florida, February 17-19, Reversing Defenses and Defense Experts, AAJ Trucking Program, New Orleans, Louisiana, February 26-27, Death, Amputation, and Pain, GTLA Annual Convention, Atlanta, Georgia, April 22-23, Seminar Chairperson, Georgia Trial Lawyers Association Annual Convention, Atlanta, Georgia, April 22-23, Updated