Matthew W. "Matt" Breetz

Mr. Breetz has a sophisticated trial practice and regularly appears in courtrooms across Kentucky, Tennessee, and upon occasion, Southern Indiana. He is co-leader of the firm's Torts & Insurance Practice Service Group.

Matt defends numerous professionals, including lawyers, insurance agents and brokers, accountants, debt collectors, engineers, title agents, architects and home inspectors in professional malpractice suits throughout the region. Mr. Breetz has a robust practice representing nurses, nursing homes and a variety of allied health professionals in actions alleging significant personal injury or death. Mr. Breetz has a significant premises liability practice, in the past defending a national chain of restaurants throughout the states of Kentucky and Tennessee. He has comprehensive experience in coordinating the defense of hundreds of complex toxic tort cases throughout the country, working as national counsel for one company in asbestos litigation; in addition, Matt has been included in three asbestos jury trials within the past few years. At any given time, Mr. Breetz will also have cases involving motor carrier litigation.

Mr. Breetz is very well versed in both insurance coverage work as well as bad faith litigation, regularly counseling carriers on such issues and defending such clients as necessary.

Recent Assignments

• Right after Thanksgiving 2021, tried and won an asbestos case related to coal mining equipment in Eastern Kentucky - without calling an expert witness.
• Involved in a three-week Kentucky state court trial - resulting in a defense verdict in less than an hour - stemming from allegations of asbestos exposure and resulting mesothelioma from cosmetic talcum powder products.
• Recent opinion from Court of Appeals, affirming the trial court, dismissing legal malpractice case on issues related to judicial estoppel.
• Obtained summary judgment, affirmed on appeal, in legal malpractice case on issues surrounding plaintiff's expert's inability to articulate the standard of care.
• In a recent opinion before the Kentucky Court of Appeals, obtained an affirmance of a summary judgment for a lawyer in a case alleging the lawyer owed a duty to a putative class.
• Recently tried a two-week wrongful death case (mesothelioma) to verdict in state court in Tennessee representing the only defendant remaining at trial.
• In federal court, obtained dismissal of majority of plaintiff's speculative claims arising from thoroughbred racing issues.
• Succeeded on a motion to compel arbitration stemming from an alleged injury at a trampoline park.
• Affirmed before the Sixth Circuit an order dismissing a claim against a medical record reviewer on the grounds of ERISA preemption.
• Affirmed before the Kentucky Court of Appeals a dismissal order from a trial court in a case against an insurance agency stemming from the loss of a tractor-trailer.
• Obtained summary judgment in federal court on bad faith claims against an insurer for allegedly delaying payment after a fire loss, which was affirmed on appeal.
• In a Sixth Circuit decision, affirmed summary judgment from the District Court in Kentucky in a case against a prosecutor on the defense of absolute immunity before any discovery was undertaken.
• Intimately involved as lead trial counsel, and also on the briefs, in a case decided by the Kentucky Supreme Court requiring jury instructions on the "case within the case" in a legal malpractice action, and determining that "lost punitives" are not recoverable in such cases.
• Obtained an opinion from the Kentucky Court of Appeals affirming summary judgment for an insurance agent and agency who were alleged to have been negligent in procuring commercial insurance coverage for a new client of the agency. The issues involved UIM coverage for a truck under a commercial policy, and whether the truck should have been insured under the client's personal policy.
• Tried a nursing home case, for almost two weeks, in Eastern Kentucky, settling well under his client’s position at mediation after obtaining directed verdicts on claims of statutory violations and claims for punitive damages.
• Obtained a dismissal of all RICO claims asserted by the plaintiff before the United States District Court of Kentucky, Eastern District, that were asserted against a mortgage lender in a case involving yield spread premiums.
• Briefed, argued and obtained a successful result from the Kentucky Supreme Court which affirmed the dismissal via summary judgment of a legal malpractice claim due to the improper assignment of the claim.
• Obtained a decision from the Kentucky Court of Appeals affirming a summary judgment obtained in a complex legal malpractice case involving alleged transactional negligence. The decision was based primarily on the Plaintiff's inability to satisfy the "but for" causation requirement.
• Argued and won a case before the Kentucky Supreme Court on issues related to arbitration waiver. The Supreme Court granted discretionary review and reversed decisions from the trial court and Court of Appeals on the issues raised.
• In a published decision, had a motion to dismiss granted on behalf of a private prison company in a case where an inmate escaped and allegedly caused harm to others.
• Successfully excluded the plaintiff's sole expert witness in a complex accounting malpractice case less than a week before trial.
• Obtained summary judgment for contractor/engineer in two separate counts on the "government contractor" defense, the first of its kind in Kentucky.
• Mr. Breetz has tried approximately 40 jury trials.

Recent News, Articles & Speaking Engagements

• Suits (Not the TV Show). What to Do, Speaker, Kentucky Association of Health Care Facilities (KAHCF) 2023 Annual Meeting, Louisville, Ky., November 14-16, 2023, with Jennifer Henry Jackson
• Nursing Home Lawsuits: How To Avoid Risk and What To Expect During the Litigation Process, co-presenter, KAHCF Annual Meeting, November 16, 2022, with Jennifer Henry Jackson
• Insurers Need Not Defend Shooting Injury Suit, Judge Rules, by Hope Patti, Law360 Insurance Authority, September 30, 2022
• Stites & Harbison and Tucker Ellis Obtain Defense Verdict in Wrongful Death Mesothelioma Case Where Plaintiff Sought $20.5 Million, Stites & Harbison Case Profile, May 18, 2022, with Joshua F. Barnette
• Ethical Considerations for In-House Counsel, 2022 Issues for Corporate House Counsel Seminar, Kentucky Bar Association, April 12, 2022
• Nursing Home Negligence Lawsuits: Common Risk Areas and What to Expect During the Litigation Process, 2021 KHACF/KCAL Annual Meeting and Expo, November 9-11, 2021
• Case Law Update 2021, Moderator, Fall 2021 National Legal Malpractice Conference, Nashville, TN, September 22-24, 2021
• Hot Button Issues - Long Term Care Litigation, Panelist, Kentucky Association of Health Care Facilities Annual Conference, November 2019
• Kentucky High Court Restores $80M Punitive Damages Against Firm, Law360, December 13, 2018, with Bethany A. Breetz and Michael D. Risley
• Commanding the Courtroom, University of Kentucky College of Law, Lexington, Ky., November 2, 2018, with Thad M. Barnes
• Choosing Wisely: Can Picking the Right Client Prevent Malpractice Cases?, 2018 Argo Pro Lawyers Professional Liability Conference, Las Vegas, NV, June 14, 2018

More Than Stites & Harbison

Mr. Breetz lives and dies University of Kentucky football, when his wife and eleven children give him the opportunity. He formerly coached middle school girl's lacrosse and announced high school field hockey and lacrosse games. Mr. Breetz is also an advocate for international adoptions, as his family has been blessed with three children from Ethiopia and two children from China. Mr. Breetz is a member of the Board of Directors for Southeast American Board of Trial Advocates and is a member of the Prichard Committee on Academic Excellence.

Community Involvement

• Southeast American Board of Trial Advocates, Board of Directors
• Citizens for Better Judges, Steering Committee (2022-present)