Clay M. Stevens, 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
Kentucky Case Law Update, Kentucky Association of Hospital Attorneys Annual Convention, May 2021
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
American Board of Trial Advocates, Treasurer of Kentucky Chapter
Member, Kentucky IOLTA Board of Trustees
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