Matthew D. Murphy

Overview

Matt Murphy’s litigation practice is focused primarily on guiding hospitals and health care practitioners through medical malpractice and other health care related litigation including licensing issues and HIPAA compliance. Additionally, Matt also has experience in employment litigation, premises liability, and other commercial litigation.

Matt Murphy practices in both the state and federal courts across South Dakota. In Matt’s litigation career, he has obtained multiple favorable jury verdicts for his clients, has had consistent success in court trials and motion practice and has efficiently and effectively resolved countless other cases and disputes.

Bio

Matt grew up in Rapid City, South Dakota and then attended the University of South Dakota for his undergraduate and law degrees.  During his undergraduate time, he played football for the University and was named Academic All-American (Second Team).  In law school, he was involved in various organizations and he graduated with Sterling Honors (top 10% of class).

Following law school, Matt completed a one year clerkship with the Second Judicial Circuit in Sioux Falls, South Dakota.  He then joined the Firm’s Litigation Section in 2011.  During his time with the Firm, Matt has represented clients in both the State and Federal Courts of South Dakota, including at the Eighth Circuit Court of Appeals.  Matt has prepared and represented clients at depositions, hearings, in both court trials and jury trials, and in mediation.  Some specific areas of Matt’s experience include:

• Guiding hospitals and health care practitioners through medical malpractice litigation and licensing disputes;
• Advising hospital and health care practitioners on HIPAA/HITECH compliance and related policy issues;
• Representing both businesses and employees in employment related litigation and wrongful termination cases;
• Litigating construction defect cases on behalf of general contractors, design professionals, and subcontractors;
• Assisting businesses, both small and large, in premises liability litigation;
• Representing businesses and individuals in contract disputes and other complex commercial litigation; and
• Representing individuals injured in auto accident and other personal injury disputes.

Professional and Community

Licensed to Practice in South Dakota’s state and federal courts, as well as at the Eighth Circuit Court of Appeals

State Bar of South Dakota
•Active Member of the State Bar Evidence Committee
•Active Participant in Young Lawyer Networks

Second Circuit Bar Association Member

DRI Member
•Young Lawyers Committee
•Medical Liability and Health Care Law Committee

South Dakota Defense Lawyers Association Member

South Dakota Trial Lawyers Association Member

The University of South Dakota Foundation
•Trustee

Sioux Empire United Way Active Volunteer

Reported Cases and Results

Trial Experience:

•Lead counsel in a premises liability jury trial and obtaining a directed verdict in favor of his client, a local hospital.
– Cynthia Leonard v. Prairie Lakes Healthcare System, Inc., Third Judicial Circuit, State of South Dakota, Civ. No. 13-0538;

• Second chair in a wrongful termination jury trial wherein the plaintiff presented a damages model of nearly $6 million and helping to obtain a defense verdict for his client, a local hospital.
– Dr. Sonia Hernandez, D.O., v. Avera Queen of Peace Hospital (AQOP) & Dr. Joe Krall, First Judicial Circuit, State of South Dakota, Civ. No. 12-268;

•Second chair in a breach of contract and defamation jury trial, helping to obtain a verdict for the plaintiff, his client and his client’s business, in the amount of $249,710.26.
– Dudley J. Deffenbaugh, Individually and Deffenbaugh Construction Inc., d/b/a Deffenbaugh Homes v. Janeen Steffen, Second Judicial Circuit, State of South Dakota, Civ. No. 12-2477;

•Lead counsel in a property dispute court trial involving a local municipality and obtaining a favorable result.
– Cory Baker and Donal Gohman v. City of Brandon, Second Judicial Circuit, State of South Dakota, Civ. No. 14-458;

•Lead counsel in a property dispute court trial involving a local hospital and obtaining a favorable result. – Avera McKennan v. Brady Spurlin, Second Judicial Circuit, State of South Dakota, Civ. No. 14-1689.

Other Noteworthy Experience:

*Obtained summary judgment in favor of a siding subcontractor being sued for design and/or installation defects, said judgment later being affirmed by the South Dakota Supreme Court.
– Gades v. Meyer Modernizing Co., Inc., 2015 SD 42, 865 N.W.2d 155.

•Won summary judgment dismissals in multiple medical malpractice cases:
-Leggins v. Eggert, 2014 WL 1285786 (D.S.D. March 27, 2014).
-Christine C. Gould v. Avera McKennan Hospital et al, Second Judicial Circuit Court, State of South Dakota, Civ. No. 13-2424 (April 1, 2014). -Erin Eiler v. Avera McKennan Hospital et al, Second Judicial Circuit Court, State of South Dakota, Civ. No. 12-216 (Oct. 17, 2013) (summarily affirmed by the South Dakota Supreme Court (No. 26868), September 2, 2014); Erin Eiler v. Avera McKennan Hospital et al, 2016 WL 1117441 (D.S.D. March 21, 2016).
-Sheris Red Feather et al v. Lutheran Social Services of South Dakota et al, Fourth Judicial Circuit, State of South Dakota, Civ. No. 11-734 (September 12, 2012).

• Obtained summary judgment in favor of a South Dakota county and individually named county official, dismissing a plaintiff’s §1983 and wrongful discharge claims.
– Nicole Knisley v. Lake County et al, 2016 WL 1464553 (D.S.D. April 12, 2016).

• Obtained summary judgment in favor of a South Dakota county, dismissing a plaintiff’s personal injury claim premised upon an alleged defect in one of the county’s highways.
– Cindy Kuemper v. Hamlin County et al, Third Judicial Circuit, State of South Dakota, Civ. No. 12-23 (October 11, 2013).

• Obtained numerous favorable confidential settlements for clients injured in auto accidents or in other personal injury disputes

• Other searchable opinions include:
– Mittleider v. Dakota, Minnesota, Eastern R.R., 2014 WL 1093812 (D.S.D. March 19, 2014) and 2012 WL 1231939 (D.S.D. April 12, 2012) (representing the plaintiff in a breach of employment contract suit against the DM&E and Canadian Pacific Railroad);
– Anspach vs. United of Omaha Life Ins. Co., 2013 WL 842450 (D.S.D. March 6, 2013) (representing a life insurer in a bad faith lawsuit).