GERALD TONER is a defense lawyer concentrating in medical malpractice, product liability, and first party insurance liability. Forty years ago, he was lead counsel in one of Kentucky’s seminal no-fault insurance cases and since that time, he has tried over one hundred cases to a verdict. He has formerly served on the Board of Directors of DRI (The Voice of the Defense Bar) and the Kentucky Defense Counsel. He currently serves on the Board of the Kentucky Pediatric Foundation, U of L Pediatric Endowment Foundation and the Kentucky Bench and Bar. As Past President of the Louisville Bar Association(2019), he currently is a member of the LBA Board of Directors. Gerry graduated from Harvard College, cum laude, and from Vanderbilt University Law School. His interests include softball, photography, and writing; his short stories have been published in Redbook and other national magazines and in four hard-cover volumes by Pelican Publishing & Butler Books. Gerry’s wife, Carol, is a former school teacher who now caters professionally. His two grown children; Jennie and John, are out conquering the world and its problems.
- Partner, O’Bryan, Brown, & Toner, Louisville, Kentucky, February 1992-present.
- Primary practice areas include the defense of cases involving medical malpractice, product liability, fire and property insurance, contractual disputes and general personal injury. Counselor in various matters involving conflict resolution.
- Attorney at law, Partner, Ogden Robertson & Marshall, Louisville, Kentucky, 1981-January 1992.
- Attorney at law, Associate, Stites, McElwain, & Fowler, Louisville, Kentucky, June 1975-February 1981.
Honors and Awards
AV Preeminent® Peer review Rated by Martindale-Hubbell®
The Best Lawyers in America© 2003-2021
- Recognized in Best Lawyers in America© for work in the following areas:
- Insurance Law
- Litigation – Insurance
- Medical Malpractice Law – Defendants
- Personal Injury Litigation – Defendants
- Professional Malpractice Law – Defendants
- Named Lawyer of the Year by Best Lawyers in America©:
- Personal Injury Litigation-Defendants (Louisville 2021)
- Professional Malpractice Law-Defendants (Louisville 2020)
- Litigation-Insurance (Louisville 2019)
- Insurance Law (Louisville 2018)
- Litigation-Insurance (Louisville 2017)
- Professional Malpractice Law-Defendants (Louisville 2013)
Kentucky Super Lawyers®, 2007-2021
- Recognized in Kentucky Super Lawyers®
- Top 50 Attorneys in Kentucky 2007-2010, 2017-2018, 2020-2021
Louisville Magazine’s Best Lawyer and Top Lawyer, 2006-2016
- Medical Malpractice-defense
- Personal Injury
- Insurance Law and Litigation Insurance
- Professional Malpractice Law
- Commercial Law
- Products Liability
J.D. Vanderbilt University School of Law; Captain, Vanderbilt International Moot Court Team (JESSUP).
B.A. Harvard College, cum laude
Supreme Court of Kentucky
United States District Court for Western District of Kentucky
United States District Court for Eastern District of Kentucky
United States Court of Appeals for the Sixth Circuit
Past President, Louisville Bar Association; Fellow, Litigation Counsel of America; Former Member, International Association of Defense Counsel (IADC); Member (Invitation Only), Federation of Defense and Corporate Counsel (FDCC); Former Board of Directors, Defense Research Institute (DRI), 2006-2009; Board of Directors and Vice President of the Kentucky Pediatric Foundation; Former Kentucky State Representative to the Defense Research Institute; 2002-2005; Kentucky Defense Counsel, Inc. (Board of Directors, 2000-2001); Defense Research Institute (Section on Medical Liability); Editor-In Chief, Kentucky Bench and Bar, 1992-1994; Louisville Bar Association (Chair, Litigation Section, 1994); American Bar Association (Tort and Insurance Practice Section); Kentucky Bar Association (House of Delegates 1992-present); Chairman of the Kentucky Oral History project of the Kentucky Bar Association; American Bar Association (Tort and Insurance Practice Section); Harvard-Radcliffe Club of Kentucky (President, 1989-1992); Jefferson County Medical Society (Committee on Medical-Legal Issues member of the Editorial Board since 1985); Involvement in various community/ charitable endeavors.
Jurisprudence Measured By Dissent, (co-author, Tracy S. Prewitt), Kentucky Bench and Bar, July, 1999; Trial by Jury: A Right Not Lightly Forsaken (co-author, David L. Place), Kentucky Bench and Bar, Spring, 1997; Why Expert Witness Work Might Just Be For You, OBG Management; Spring 1995, Three Cases That Shaped the Constitution, Kentucky Bench and Bar, Winter 1992; and In the Wake of Federal Kemper: First Party Claims for Bad Faith/Punitive Damages, Kentucky Bench and Bar, Summer 1986. Editor- In-Chief, Kentucky Bench and Bar, 1992-1994; member of the Editorial Board since 1985. Additional accomplishments include having authored and published a novel and two collections of short stories and fiction, many previously published in national magazines including The Saturday Evening Post, Redbook and Ladies Home Journal.
Seminar Presentation to Medical Practice Office Managers, Risk Management Issues, March, 2001; Working Towards Optimal Care Symposium 2000, Louisville, Kentucky, September 2000; Litigation Seminar for Legal Secretaries and Legal Assistants, Continuing Legal Education, Louisville, Kentucky, May, 1996; Birth Injury and The Law II, Medical Intelligence Corporation, Las Vegas, Nevada, November, 1995; Trying the Soft Tissue Injury Case, National Business Institute, Inc., Louisville, Kentucky, December, 1994.