Clay M. Stevens, Member (Partner)

Direct Dial:  502.855.3805

Practice Areas

  • Hospital and Physician Medical Malpractice Defense
  • Nursing Home Defense
  • Insurance Defense
    • Products Liability
    • Premises Liability
  • Commercial Litigation
  • Insurance Coverage Disputes

Professional Leadership

Professional Recognition

  • AV-Rated® by Martindale-Hubbell for legal ability and ethical standards
  • Graduate, NITA Trial Advocacy Program, 1998

Recent Lectures and Publications

  • Proper and Improper Closing Arguments, CLE Presenter, Louisville Bar Association, December 2014.
  • Apportionment and Indemnity—Persisting Myths Post-Degener, Louisville Bar Association, Bar Briefs, November 2012.
  • The Importance of Appropriate Medical Records Documentation, Seminar Presenter, KASPAR Conference for Physicians, September 27, 2014 

Leadership/Organizations

  • 2015-16 Director, Louisville Bar Association Board of Directors
  • 2014 Chair, Litigation Section, Louisville Bar Association  
  • 2013 Assistant Chair, Litigation Section, Louisville Bar Association    
  • Member, Kentucky Academy of Healthcare Attorneys
  • Member, Defense Research Institute 

Representative Cases

Medical Malpractice Defense 

  • Lead Trial Counsel for hospital in a nursing negligence wrongful death suit. At issue was whether the hospital had provide appropriate care and implemented skin care precautions to avoid Stage 4 decubitus ulcers which Plaintiff claimed caused death.  High-risk claim involving complex medicine, extensive damages including claim for punitives and multiple expert witnesses. After a one-week jury trial, obtained a defense verdict. 
  • Lead Trial Counsel for hospital in a medical negligence suit involving a post-operative bleed.  Multiple experts testified in the case which involved complex surgery and nursing care issues.  Following a one-week jury trial, obtained a defense verdict. 
  • Co-defended hospital against more than 100 lawsuits alleging that negligent infection control measures caused injury and wrongful death from MRSA exposure and outbreak. Successfully obtained summary judgment on initial three cases and which resulted in subsequent dismissal of all suits.
  • Lead Trial Counsel for hospital in negligence claim alleging exposure to infectious disease and obtained favorable jury verdict after a three-day trial.
  • Trial Co-Counsel for hospital facing wrongful death suit involving an undiagnosed aortic dissection.  The case was tried to a defense verdict over two weeks with multiple experts giving testimony on complex emergency medicine, internal medicine and care nursing issues. 

Insurance Defense/Premises Liability

  • Trial Co-Counsel for Car Manufacturer in a case involving an alleged industrial chemical exposure causing severe pulmonary fibrosis.  The case was tried in one week resulting in a defense verdict. 

Other Litigation

  • Represented national pizza company in insurance coverage dispute in U.S. District Court involving an underlying lawsuit brought by a second national pizza company alleging trade dress and non-competition agreement violations.   Obtained favorable ruling which allowed for resolution of the underlying bet-the-company litigation.  

Reported Decisions

Published    

  • Clark v. Sanofi-Synthelabo, Inc., 489 F. Supp. 2d 759 (W.D. Ky. 2007) (gender or age discrimination and sexual harassment)
  • Ferrer v. Medastat USA, LLC, 145 Fed. Appx. 116 (6th Cir. 2005) (employee sexual harassment case)
  • Pizza Magia Int'l, LLC v. Assur. Co. of Am., 447 F. Supp. 2d 766 (W.D. Ky. 2006) (commercial general liability insurer duty to defend in trademark litigation)
  • Gesler v. Ford, 185 F. Supp. 2d 724 (W.D. Ky. 2001) (premises liability claim)
  • Mina Inv. Holdings Ltd. v. Lefkowitz, 51 F. Supp. 2d 486 (S.D. N.Y. 1999) (commercial litigation case with claims of unjust enrichment and tortious interference); Mina Inv. Holdings Ltd. v. Lefkowitz, 184 F.R.D. 245 (S.D. N.Y. 1999) ; Mina Inv. Holdings Ltd. v. Lefkowitz, 16 F. Supp. 2d 355 (S.D. N.Y. 1998) 

Unpublished

  • Parkham Indus. Distribs. v. Cincinnati Ins. Co., 2008 U.S. Dist. LEXIS 11642 (W.D. Ky. February 14, 2008) (insurance coverage dispute)
  • Young & Assocs. v. Andy Frain Servs., 2007 U.S. Dist. LEXIS 10400 (W.D. Ky. February 11, 2007) (trademark infringement)
  • Ford Motor Co. v. Manning Equip., Inc., 2005 U.S. Dist. LEXIS 15940 (W.D. Ky. August 3, 2005) (premises liability, common law indemnity)
  • Giles v. Ford Motor Co., 2005 U.S. App. LEXIS 2286 (6th Cir. February 10, 2005) (premises liability claim)
  • Coin v. Wal-Mart Stores, Inc., 2000 U.S. App. LEXIS 18769 (6th Cir. August 1, 2000) (punitive damages)
  • Humphrey v. United States Probation Dep’t, 2000 U.S. App. LEXIS 15578 (6t Cir. June 23, 2000) (liability of laboratory for drug and alcohol testing)
  • Hafendorfer v. J. Thomas Distribs., 2000 U.S. Dist. LEXIS 21445 (Dec. 18, 2000) (personal jurisdiction; products liability); Hafendorfer v. J. Thomas Distribs., 2000 U.S. Dist. LEXIS 12443 (Mar. 8, 2001)
  • Papa John’s Int’l, Inc. v. Pizza Magia Int’l, LLC, 2001 U.S. Dist. LEXIS 11966 (W.D. Ky. May 10, 2001) (service mark and trade dress infringement, non-compete agreement) 

States Licensed

  • Kentucky
  • Ohio
  • Tennessee

Education

Juris Doctor, University of Kentucky College of Law, 1995

  • Faculty Cup Award for Most Outstanding Contribution to Law School Class, University of Kentucky (1995)
  • Student Bar Association President, University of Kentucky College of Law (1993-94)
  • Member, Journal of Natural Resources and Environmental Law 
  • Author, Corporate Officer Liability under CERCLA, the Kelly v. Tiscornia Analysis, 9 J. Nat. Resources & Envir. L. 553 (1994)
  • National Competition Moot Court Team (Constitutional Law) (1994-95)

Bachelor of Science in Computer Science, University of Kentucky, 1986

Judicial Staff Attorney

  • Hon. Thomas B. Russell, Judge, U.S. District Court, Western District of Kentucky, Staff Attorney/Law Clerk 1995-1997

Science Background

TRW Space & Defense, Dayton, Ohio and San Diego, California 1986 - 1991

  • Civilian Military Contractor 
  • Lead Integration Software Engineer on U.S. Air Force Next Generation Research & Development Avionics Platform
  • Development Team, ATF/F-22 Computer Operating System
  • 1989 NATO Information Sharing Project - Dassault Electronics, Paris, France