On March 1, 2019, the Kentucky Court of Appeals affirmed the dismissal of a medical negligence claim against Tim’s client, a community hospital. The plaintiffs alleged that the hospital staff failed to timely diagnose and treat a cardiac event. The hospital disputed the claim. The trial judge granted the hospital’s motion to dismiss, finding that the plaintiffs had adequate time to secure expert proof and failed to do so. Tim authored the hospital’s appellate brief, arguing that the trial judge’s ruling was legally sound and appropriate under the circumstances. The Court of Appeals agreed; all three panel judges found for the hospital in an unpublished opinion.
On October 17, 2018, Tim Napier successfully defended a cardiothoracic surgery group against a medical malpractice claim in Lexington, Kentucky. Tim’s clients, a cardiothoracic surgeon and a physician’s assistant, performed an emergency CABG procedure. The surgical team successfully addressed the blockage, but the patient unfortunately developed a peripheral nerve injury resulting in a permanent foot drop condition. The patient sued, hiring experts who alleged that the nerve injury could only be the result of negligence. Tim aggressively defended the surgical care, taking the jury through each step of the CABG procedure. He showed that the patient was properly positioned, the saphenous vein harvest and grafting were done correctly, and peripheral nerve injuries are a rare, but recognized complication of a CAGB procedure. After hearing testimony from experts on both sides, the jury returned a unanimous defense verdict for CT surgery group.
On December 8, 2017, Tim Napier and Jessica Owens successfully defended their client, a psychiatrist, against a medical malpractice suit in Louisville, Kentucky. The psychiatrist performed an emergency psychiatric evaluation, including a suicide risk assessment. The psychiatrist and a social worker determined that the patient did not meet Kentucky's statutory criteria for involuntary hospitalization. A few hours after being discharged with a relative, the patient took an assault rifle from the relative's collection and committed suicide. Patient's wife filed a wrongful death claim against the psychiatrist, the social worker and the hospital, seeking damages for the patient's estate, and on behalf of his minor children. The social worker and the hospital resolved their claims before trial. After hearing competing testimony from two of the foremost forensic psychiatrists in the United States, the jury found in favor of Tim and Jessica's client, returning a unanimous defense verdict.
In a two-week trial ending on January 28, 2016, Rebecca Schupbach successfully defended a major engineering firm in a wrongful death lawsuit arising out of its design of the LG&E power plants. In a decisive win, Rebecca established her client's designs complied with the state of the art for the design of power plants during the time period in question (1950-mid 1970's). The plaintiff had sought $70 million dollars against Rebecca's client and two large equipment manufacturers based upon the specification and use of asbestos-containing thermal insulation systems during a time period when such materials were in widespread use in industry and households. The jury rejected the plaintiff's claims of engineering negligence against Rebecca's client and strict liability and negligence against the equipment manufacturers and rendered a verdict for all defendants.
The firm is pleased to announce that effective October 1, 2015, "Napier Gault Schupbach & Moore, PLC" will become "Napier Gault Schupbach & Stevens, PLC". This name change is to recognize the contribution of our newest partner, Clay Stevens, who joined the firm in January of 2015.
On September 24th, Tim Napier and Victoria Boggs won a defense verdict for the firm's client in a wrongful death medical malpractice claim. Plaintiffs sought $15 million in damages, contending that a primary care provider delayed the diagnosis of colon cancer. After hearing proof for nearly two weeks, a Jefferson County jury returned a defense verdict.
On Thursday, May 14, 2015, Tim Napier and Victoria Boggs received a defense verdict for their hospital client in a hotly contested personal injury trial in which the plaintiff sought more than $1 million in damages. The trial commenced on May 11, 2015 in Louisville, Kentucky before Judge James Shake of the Jefferson Circuit Court, Division Two, with lay testimony as well as expert testimony being presented. The plaintiff claimed that the defendant's premises was unreasonably dangerous based on an alleged sidewalk defect. The jury returned a verdict that the premises was not defective or unreasonably dangerous.
Napier Gault Schupbach & Moore is pleased to announce that Clay Stevens, a partner in the firm, has been appointed to serve on as a director on the Louisville Bar Association’s (LBA) Board of Directors for a two-year term beginning in January 2015. The LBA serves legal professionals and the public by promoting the advancement of the legal profession and the administration of justice in Jefferson County and throughout Kentucky and Southern Indiana.
Napier Gault Schupbach & Moore is pleased to announce that Clay Stevens has joined the firm as a Member, Sallie Stevens has joined the firm as Counsel, and Kristen Fowler has joined the firm as an Associate.