Appellate Win for Tim Napier

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 The Court of Appeals agreed; all three panel judges found for the hospital in an unpublished opinion.