Scott Bermack is a seasoned trial lawyer whose practice focuses on the defense of complex, high-exposure civil litigation. He represents businesses, professionals, insurers, and individuals in matters involving catastrophic personal injury, product liability, construction and New York Labor Law, premises liability, trucking and transportation liability, and professional negligence. His practice also encompasses sophisticated commercial disputes involving land use, banking, shareholder rights, and breaches of fiduciary duty.
Over the course of his career, Scott has represented clients across a diverse range of industries, including national retailers, trucking and transportation companies, automobile manufacturers and dealerships, medical and legal professionals, and sports and entertainment venues. He regularly represents self-insured businesses, companies with substantial self-insured retentions, and liability insurance carriers in matters presenting significant financial and reputational exposure.
Scott also maintains an active insurance coverage practice. He counsels and represents insurers and insureds in disputes involving coverage obligations, additional insured status, contractual indemnification, risk transfer, and related insurance issues, and has prosecuted and defended declaratory judgment and other coverage actions. His litigation experience also includes the defense of federal class actions brought under the Fair Debt Collection Practices Act.
Scott’s approach to litigation is informed by an uncommon combination of courtroom, insurance, and risk-management experience. A former New York State-licensed property and casualty insurance broker, he understands liability disputes from both the legal and insurance perspectives. He regularly advises clients not only in connection with pending litigation, but also on risk management, loss prevention, insurance, indemnification, and contractual risk-transfer issues designed to reduce future exposure.
Scott has also held significant leadership positions within the defense and risk-management communities. He served as General Counsel to the National Retail & Restaurant Defense Association (NRRDA), where he advised several of the organization’s Presidents, and continues to serve on NRRDA’s Board of Directors. He also serves on the Advisory Board of the Sports & Entertainment Risk Management (SERMA).
Scott has earned an AV Preeminent® rating from Martindale-Hubbell, its highest peer rating for professional excellence. He has also been selected to the New York Metro Super Lawyers list for 18 consecutive years. Super Lawyers is a Thomson Reuters rating service.
Won a defense verdict in a case involving an accident between a bus and a minivan in Kings County, NY. Despite claims that the plaintiff suffered multiple traumatic herniated discs in the cervical and lumbar spine requiring a cervical corpectomy and fusion, the jury determined that the plaintiff did not sustain the requisite "serious injury" to bring suit, thereby warranting a full dismissal.
Won summary judgment on behalf of a multinational chain of convenience stores dismissing a high exposure premises liability case in Kings County, NY, by establishing that the alleged defect, a decommissioned fuel cap, was de minimis, trivial, and, therefore, not actionable.
Won a defense verdict on behalf of a high-end specialty grocery store in a food poisoning case before the NY State Supreme Court, NY County. The 73-year-old plaintiff allegedly sustained a mast cell activation disorder as a result of developing scombroid poisoning after consuming food sold by our client. Following a trial where we convinced the jury that there was no correlation between the scombroid poisoning and the resulting hypersensitivity disorder other than the coincidental timing, the jury ruled in favor of our client, awarding the plaintiff $1,000 for her past pain and suffering and zero dollars for her future pain and suffering.
Won a unanimous defense verdict on behalf of a Midtown Manhattan luxury apartment building sued in NY State Supreme Court, NY County, for negligence by a pedestrian who allegedly fell on a defective sidewalk adjacent to the building. The 50 year old diabetic plaintiff allegedly sustained an ankle fracture that became infected, resulting in a below-the-knee amputation as well as kidney failure, requiring dialysis and a kidney transplant. Following a 6-day trial, it took the jury less than 30 minutes to reject plaintiff’s claims and return a verdict in favor of WG’s client.
Won summary judgment on behalf of an international luxury clothing brand accused of negligence in a slip and fall accident on NY City sidewalk.
Won a defense verdict from a Bronx jury in favor of an auto repair shop accused of installing a defective airbag.
Won a full dismissal of all claims against a national retailer being sued for negligence in NY State Supreme Court, Schenectady County. The plaintiff, who was shopping in the store, allegedly sustained serious injuries when her foot got caught on a metal display shelf.
Secured a directed verdict on behalf of a Westchester-based machine shop sued for negligence following a lawnmower roll-over accident.
Won a unanimous defense verdict on behalf of a high-end New York City hair salon and its well-known owner, sued by their landlord for alleged property damage to priceless historic racing motorcycle parts. Plaintiff claimed renovation work performed by our client caused a caustic solution to flood his race shop, irreparably damaging aerospace grade engine parts and effectively ending his ability to race and show these storied Italian Grand Prix racing motorcycles.
Won a defense verdict on behalf of a Rockland County (NY) shopping center owner blamed for a pedestrian knockdown accident in the parking lot. The pedestrian, who allegedly suffered from a traumatic brain injury in addition to numerous orthopedic injuries, claimed inadequate lighting and traffic control was to blame.
Secured a defense verdict on behalf of an ophthalmologist charged with improperly performing lasik surgery.
Obtained favorable settlements on behalf of numerous retailers, restaurant chains, and hospitality companies in personal injury litigation.
Obtained a dismissal of all claims made against a prominent Manhattan Internist accused of malpractice by the family of a 79-year-old stroke victim who developed decubitus ulcers and died of osteomyelitis.
Won a defense verdict in favor of a prominent Bronx orthopedic surgeon accused of mismanaging a fracture.
Won summary judgment on behalf of the developer and general contractor of a Midtown Manhattan luxury apartment building sued by a worker struck by falling construction materials.
Won a defense verdict in favor of a Michigan corporation in a products liability case involving a conveyor-driven document shredding system.
Won a defense verdict on behalf of an anesthesiologist charged with improperly giving spinal anesthesia to an anti-coagulated patient. The patient claimed she developed a spinal hematoma as a result of the procedure.
Awarded summary judgment dismissing all labor law and negligence claims brought against a leading importer of wine and spirits and its general contractor by a dockworker who fell from a floating stage while repairing a bulkhead.
Obtained summary judgment, dismissing a putative class action lawsuit brought against a worldwide debt collection agency, sued for alleged violations of the federal Fair Debt Collection Practices Act (FDCPA).
Obtained a defense verdict on damages in a case brought by a pedestrian who claimed to have sustained brain damage after being struck in the head by a slab of glass that fell from the marquee of a Manhattan skyscraper.
Won a motion for summary judgment filed on behalf of a driver involved in a serious motor vehicle accident. The plaintiff sustained catastrophic injuries and brought suit in New York State Supreme Court, Dutchess County.
Secured a dismissal of all claims of medical malpractice brought on behalf of a brain damaged child against a Brooklyn OB/GYN who provided labor and delivery care.
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter that we or any lawyer may be retained to handle.
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