John Floyd Jr. - Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Profile

John Floyd, Jr. is a trial lawyer with the firm and is licensed in Tennessee, Kentucky, and Washington. He is a partner in the Nashville office and focuses his practice on the defense of individuals and companies across Tennessee and other jurisdictions across the country. John has tried numerous jury and bench trials to verdict in state and federal courts, including many as lead counsel. He focuses his practice on the defense of health care providers and hospitals as well as products liability defense, commercial, and domestic litigation.

John’s experience defending health care liability cases involves all aspects from pre-suit investigation to verdict and appeal and his clients include physicians and providers of all specialties. He has significant experience with cases involving claims of catastrophic injury involving brain damage, permanent disability and disfigurement, surgical negligence, and issues related to consent and battery. John takes pride in working closely with experts to evaluate these cases early on and formulating a defense based on the evidence and science. He is often called upon to speak to providers and discuss risk management and legal developments in the health care liability field.

Common to every successful defense is John’s experience in evaluating a client’s position and strategizing with the client to achieve a favorable and realistic outcome. Although many cases do not advance to verdict, John draws from his trial experience when necessary to present a case in a concise and persuasive manner.

In addition to health care defense, John has successfully tried cases to verdict involving contractual disputes and defended companies in cases where their product is alleged to have injured someone. He also works closely with individuals who are experiencing high-conflict domestic issues involving marital estates, businesses, and interstate visitation.

Outside of practicing law, John and his wife Caitlin are parents to two energetic boys. Between his work and family, John enjoys traveling, reading fiction, and competing in triathlons, having completed Ironman 70.3.

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Credentials

Education

The University of Memphis Cecil C. Humphreys School of Law (J.D., 2016)

Representative Matters

Representation of the Wife in a High-Value Divorce

We represented a wife in a high-value divorce involving numerous businesses owned by the husband. Through the issuance of foreign subpoenas and discovery, were able to obtain favorable settlement in a timely and cost-effective manner.

Defense Verdict for a Dentist in Williamson County, Tennessee

This case arose from the defense of an orthodontist who allegedly negligently extracted the teeth of a minor child and failed to provide informed consent, resulting in need for dental implants and jaw surgery. Plaintiff had two subsequent treating providers testify against Defendant, but the jury still returned a complete defense verdict.

Successful Resolution of a High-Conflict Divorce and Custody Battle

We represented a spouse in a high-conflict divorce centered around parenting time with the children. We were able to obtain a favorable outcome for our client and avoid the cost and expense of a trial.

Defense Verdict: Cullman County, Alabama (Medical Malpractice)

Nashville Partners, John Floyd, Sr., and John Floyd, Jr., obtained a defense verdict in a chiropractic malpractice case in Cullman County, Alabama. Plaintiff alleged that our client’s treatment caused him to have an internal carotid artery dissection that ultimately led to a stroke. They presented evidence of alleged brain damage and a substantial loss of earnings claim. In closing arguments, Plaintiff’s counsel asked the jury to award $8 million per year for each year since the injury, for a total of $64 million. The jury returned a defense verdict in 15 minutes.

Summary Judgment: Rutherford County, Tennessee (Medical Malpractice)

Nashville Partner, John Floyd, Jr., obtained summary judgment in a medical malpractice matter in Murfreesboro, Tennessee. Plaintiff was a 54 year old woman under the care of our client, a foot and ankle surgeon, for a wound on her foot. Plaintiff became aware that her wound was not healing properly in the middle of October 2016. Although she documented the poor healing of the wound, she did not present back to the podiatrist’s office to have the wound reassessed until mid-November, almost three weeks later. At that time, it was determined that sepsis had set in, requiring amputation of Plaintiff’s right leg below the knee in November 2016. Plaintiff filed an initial Complaint against our client in February 2018, non-suited that Complaint in June 2018, and finally filed her Second Amended Complaint in October 2019. We moved for summary judgment, arguing that since Plaintiff’s Second Amended Complaint was filed a full three years after the cause of her injury, the statute of limitations for bringing such a claim had expired. The Court agreed, granting summary judgment in favor of our client and authorizing our client to seek fees and costs.

Practices

Education

The University of Memphis Cecil C. Humphreys School of Law (J.D., 2016)

Honors

2021 Super Lawyer’s Mid-South Rising Star, Medical Malpractice: Defense

Credentials

Admitted to Bar

Tennessee, 2016
Middle District of Tennessee, 2017
Western District of Tennessee, 2017
Eastern District of Tennessee, 2017
United States Sixth Circuit Court of Appeals, 2017
Kentucky, 2023
Washington, 2024

Professional Affiliations

Tennessee Bar Association
Nashville Bar Association
Defense Research Institute