CONTACT INFORMATION:

502-357-1903
bmiller@tmslawplc.com

STAFF CONTACT:

Matt Hendricks
502-357-1936
mhendricks@tmslawplc.com

Byron N. Miller, Principal

Byron N. Miller has over thirty-two years of experience defending manufacturers, hospitals, physicians and nursing homes in product liability and medical negligence actions.

He received his Bachelor’s degree in chemistry from the University of South Dakota in 1977. He graduated from the University of South Dakota College of Law in 1981, where he was a staff member of the South Dakota Law Review and recipient of the Senior Law School Scholastic Achievement Award. His article entitled “Admissibility of Other Offense Evidence After State v. Houghton” was published in the Winter 1980 edition of the South Dakota Law Review.

After serving seven years on active duty in the U.S. Army Judge Advocate General’s Corps as a prosecutor and Senior Defense Counsel, Byron entered private practice in 1988 with the law firm of Stites & Harbison, in Louisville, Kentucky, where he was a partner from 1993 through 1998. In 1998, Byron and Todd Thompson founded the litigation defense firm that is now Thompson Miller & Simpson.

Byron has tried over 150 jury trials to a verdict in both state and federal courts. He has served, and continues to serve, as national trial counsel for several product manufacturers. He has served as an adjunct faculty member at Central Texas College and Eastern Kentucky University. Byron has also lectured extensively on issues related to product liability and medical malpractice at local and national seminars. Byron has been selected as a Kentucky Super Lawyer since 2010. He has also been listed in Best Attorneys of America since 2015.

After leaving active duty, Byron remained in the U.S. Army Reserves, retiring as a Colonel in 2006. His last assignment was as the Staff Judge Advocate for the 100th Division (IT).

Byron and his wife live in Louisville, Kentucky and have five children and one granddaughter. Byron is an avid tennis player, having played tennis in college and as a member of the All-Army Tennis Team. He is also the past President of the Kentucky Lacrosse Association.

Presentations

• “Successfully Negotiating the Deposition Minefield,” DRI Nursing Home Litigation Seminar; Orlando, Florida, September 2008

• “Nursing Home Malpractice – Issues in Taking the Case to Trial,” Louisville, Kentucky, June 23, 2006

• “Contractual Indemnity and Ostensible Agency,” Cincinnati, Ohio, July 22, 2005

• “Depositions: Strategies, Tactics & Mechanics,” Louisville, Kentucky, March 7, 1996; Louisville, March 13, 1998

• “Contractual Indemnity,” Cincinnati, Ohio, November 19, 1996

• “Persuasion in Medical Negligence Actions,” Louisville, Kentucky, November 15, 1996

• “Changes to the Federal Rules of Civil Procedure,” Louisville, Kentucky, Summer 1994

• “Relevancy and Competency of Witnesses,” Louisville, Kentucky, Spring, 1994

• “Effective Motion Practice in Kentucky,” Louisville and Lexington, Kentucky, Summer, 1992; Lexington, Summer 1993

Publications & Opinions

• “Admissibility of Other Offense Evidence After State v. Houghton,” South Dakota Law Review, Winter, 1980.

• Dunkel v. Hon. Charles Boteler, Court of Appeals of Kentucky, 2007-CA-558-OA (product liability)

• Baker v. Minnesota Mining and Manufacturing Co., 99 Fed. App. 718, 2004 WL 1194134 (6th Cir. 2004) (product liability)

• Richard v. Ray, M.D., 290 F.3d 810 (E.D. Ky. 2002) (medical malpractice)

• Hafendorfer v. J. Thomas Distribs., 2000 U.S. Dist. LEXIS 21445 (Dec. 18, 2000) (patent infringement)

• Hafendorfer v. J. Thomas Distribs., 2000 U.S. Dist. LEXIS 12443 (Mar. 8, 2001( (patent infringement)

• McFall v. Peace, Inc., 15 S.W. 3d 724 (2000) (medical malpractice)

• Rutherford v. Goodyear Tire & Rubber Co., 1998 U.S. App.LEXIS 15832 (6th Cir. 1998) (product liability)

• Rutherford v. Goodyear Tire & Rubber Co., 943 F.Supp. 789 (W.D. Ky. 1998) (product liability)

• Blair v. Peabody Coal Co., 909 S.W. 2d 337 (Ky. App. 1995) (personal injury)

• Bender v. Schoo, M.D., Supreme Court of Kentucky, 1991- SC-000979 (medical malpractice)