Timothy H. Napier
Tim Napier is a founding member of Napier Gault. Prior to forming the firm, he spent 13 years at Weber & Rose, PSC where he was elected by his peers to serve on the firm's Executive Committee.
Practice Areas
- Hospital and Physician Medical Malpractice Defense
- Insurance Defense
- Products Liability
- Premises Liability
- Media Law
Professional Leadership
Professional Recognition
- Selected for inclusion in the 2007, 2008, 2009, 2010 and 2011 Kentucky Super Lawyers publication, based upon peer recognition and professional achievement
- Selected in 2008 as a Fellow in the Litigation Counsel of America (trial lawyer honorary society composed of less than one-half of one percent of American lawyers)
- Peer Review rated by Martindale-Hubbell for legal ability and ethical standards
- Graduate, NITA Trial Advocacy Program, 1998
Recent Lectures and Publications
- "Preparing Healthcare Professionals to Testify at Deposition or Trial" – KHIC Retreat, October 2011
- "Controlling Litigation Expenses" – KSHRM Newsletter, September 2011
- "2011 Kentucky Healthcare Case & Verdict Update" – KHA Convention (KAHA CLE Session), May 2011
- "Medical Malpractice Issues and Insurance" – Career Assembly, Department of Emergency Medicine, University of Louisville, April 2011
- "Nursing Malpractice Claims: How to Avoid Them and How to Survive Them" – Campbellsville University School Of Nursing, November 2010
- "Opening and Closing Statements in the Medical Negligence Case" – University of Louisville School of Law, Trial Practice Skills Course, 2010, 2011
- "Leveling the Playing Field: Using Technology at Your Next Trial or Mediation" – Louisville Bar Association CLE, 2007
- "The Face of A Hospital Defendant at Trial" – Defense Research Institute, MedLaw, Summer 2006
Leadership/Organizations
- 2011 President-Elect, Kentucky Academy of Healthcare Attorneys
- 2010-2012 Board Member, Kentucky Academy of Healthcare Attorneys
- 2008 Chair, Small Firm Section, Louisville Bar Association
- Member, Defense Research Institute (Medical Liability and Trial Tactics Committees)
- Member, Litigation Section, Louisville Bar Association
Representative Cases
Medical Malpractice
Lead Trial Counsel for hospital facing nursing malpractice suit. Plaintiff was rendered a paraplegic while recovering in the ICU from aneurysm surgery. High-risk claim involving complex medicine, extensive damages and multiple expert witnesses. After a two-week jury trial, obtained a unanimous defense verdict. Successfully defended hospital on appeal (brief and oral argument).
Trial Co-Counsel for hospital facing wrongful death suit. Ten experts testified in the case which involved complex nephrology and cardiology issues. After a three week trial, the jury returned a defense verdict for the hospital.
Trial Co-Counsel for hospital facing wrongful death suit. Case involved complex anaesthesiology and oncology issues. After a two-week jury trial, obtained a unanimous defense verdict.
Insurance Defense
Trial Co-Counsel for Insurance Company asserting fire subrogation claim. Successfully proved arson and fraud. After five days of trial, Federal Magistrate Judge awarded client full amount of claim.
Defended international HVAC manufacturer in products liability claim stemming from furnace installation. Plaintiff alleged that negligent installation contaminated ground-water on her property. Based upon Plaintiff's deposition testimony, obtained summary judgment dismissing case. Successfully opposed appeal.
Solo Trial Counsel for client seeking to recover property damages and insurance deductible following auto accident. Jury awarded client full amount of damages sought.
Media Law
Successfully represented Kentucky's largest newspaper against a high-profile political candidate seeking to seal Jefferson County Family Court records from public disclosure.
Family Court entered an order prohibiting television station from airing story about the termination of parental rights. Filed an emergency motion before the Kentucky Court of Appeals, and within 36 hours secured order allowing station to broadcast the story.
Solo Trial Counsel for a television station sued for sex discrimination by a former employee. After one-week jury trial, obtained a complete defense verdict.
Other Litigation
Defended non-profit social club against two expelled members seeking an accounting and liquidation of the club's assets. Obtained a dismissal before the trial court. Successfully defended appeal.
Represented manufacturing company facing "bet-the-company" breach of contract claim. Through intensive document discovery, proved that opposing company was actually fostering competition against client in violation of the parties' purchase contract. As a result, opposing company dismissed its claim and renegotiated original contract to give client a substantial purchase price discount.
Represented minority shareholder in a business divorce. Successfully filed suit to force controlling shareholders to allow inspection of all corporate financial records. Also obtained a court-order compelling controlling shareholders to pay attorneys' fees for wrongfully denying access to records. As a result, negotiated client's release from all personal loan guarantees, and negotiated complete buy-out of client's interest in business.
Education
Juris Doctor, University of Louisville School of Law, 1993
- Member, Journal of Law and Education
Author, Public Education and the Civil Rights Statutes: Recovering Attorney's Fees Under 42 U.S.C. § 1988,
Vol. 22, No. 2, J. Law and Ed. - Intern to Judge Michael O. McDonald, Court of Appeals of Kentucky
Bachelor of Arts, University of Louisville, 1989
Civic & Community Involvement
Attorney Representative, Sullivan University Legal Studies Advisory Board, 2008-2010
Board Member, School Advisory Committee, Our Lady of Lourdes Church, 2010-present
Board of Directors, March of Dimes, Ohio Valley Division, 2006-2008
Captain, U.S. Army Reserve, Armor Branch, 1985-1998
Direct Dial. 502.855.3801
