Scott Wilson Law Firm, PLLC

Representative Appellate Cases:

Fish v. Ramler Trucking, Inc., et al., 935 N.W.2d 738 (Minn. 2019) - with trial counsel Michel Krug, on behalf of appellant. The Minnesota Supreme Court affirmed the court of appeals' confirmation that in cases of workplace injury caused by third-party negligence, apportionment is governed by Minn. Stat. § 176.061, subd. 11 (2018) and Lambertson v. Cincinnati Welding Corp., 257 N.W.2d 679 (Minn. 1977). The court rejected a novel theory adopted by the federal court in Gaudreault v. Elite Line Servs., LLC, 22 F.Supp.3d 966 (D.Minn. 2014) that would have applied comparative fault apportionment under Minn. Stat. § 604.02, significantly reducing the plaintiff employee’s recovery based on the employer’s 75% apportioned fault. The court refused to apply § 604.02 because a statutorily immune employer is not a person "severally liable" under subdivision 1 of that statute. The legal result is that the liability of non-employers for workplace injuries is not reduced by fault apportioned to employers. The primary practical effect is to preserve verdict values for seriously injured plaintiffs, since industrial accidents are often catastrophic, and can result in amputation, severe burns and death. A related practical effect is to ensure that plaintiff's attorneys can afford to take on the risk and expense of third-party workplace cases, which must often be brought against wealthy and well-defended manufacturers of industrial equipment.

Link to coverage of the case in Minnesota Lawyer:

https://minnlawyer.com/2019/12/06/employer-third-party-not-severally-liable-for-injury/

Link to oral argument before the Minnesota Supreme Court:

http://www.mncourts.gov/SupremeCourt/OralArgumentWebcasts/ArgumentDetail.aspx?vid=1320

Getz v. Peace, et al., 934 N.W.2d 347 (Minn. 2019) - with trial counsel Nate Bjerke, on behalf of respondent. The Minnesota Supreme Court affirmed the court of appeals' determination that medical provider discounts negotiated by private "PMAP" plans in administration of Medicaid benefits are excepted from collateral source deduction under Minn. Stat. Sec. 548.251, subd. 1(2) as having been "made pursuant to the United States Social Security Act," despite the involvement of the private entities. The case also represents a tacit reaffirmance of Renswick v. Wenzel, 819 N.W.2d 198 (Minn. App. 2012), which reached a similar result regarding Medicare-related discounts (albeit without the complication of private entity involvement). The practical effect of the decision is to preserve verdict values for claimants who have received Medicaid and Medicare benefits related to their injuries (comprising a full third of Minnesota personal injury plaintiffs).

Link to coverage of the case in Minnesota Lawyer:

https://minnlawyer.com/2019/10/21/medical-assistance-payment-not-a-collateral-source/

Roller-Dick v. CentraCare Health System, et al., 916 N.W.2d 373 (Minn. 2018) - with trial counsel Ray Peterson, on behalf of respondent. The Minnesota Supreme Court affirmed the Workers' Compensation Court of Appeals, holding that an employee's use of defect-free stairs without using the available handrails is "a hazard that originates on the premises as part of the working environment," satisfying the "arising out of" requirement for workers' compensation compensability under Dykhoff v. Xcel Energy, 840 N.W.2d 821 (Minn. 2013). The case confirms establishment of a liberalized post-Dykhoff compensability standard, in line with Hohlt v. Univ. of Minn., 897 N.W.2d 777 (Minn. 2017).

Link to oral argument before the Minnesota Supreme Court:

http://www.mncourts.gov/SupremeCourt/OralArgumentWebcasts/ArgumentDetail.aspx?vid=1190

Hufnagel v. Deer River Health Care Center, et al., 915 N.W.2d 747 (Minn. 2018) - with trial counsel Tim McCoy, on behalf of respondent. The Minnesota Supreme Court affirmed the Workers' Compensation Court of Appeals, confirming that counsel for the employee is entitled to recover attorney fees under Minn. Stat. Sec. 176.191 where the dispute is primarily between insurers, even where the insurers also dispute the compensability of an injury. In a holding of potentially broad application, the court also concluded that where a right to recover fees exists, attorneys are to be reasonably compensated for thorough preparation of alternative arguments, and "not just for time spent developing the argument that is ultimately successful."

Link to oral argument before the Minnesota Supreme Court:

http://www.mncourts.gov/SupremeCourt/OralArgumentWebcasts/ArgumentDetail.aspx?vid=1200

Russell v. Sentinel Ins. Co., 906 N.W.2d 543 (Minn. App. 2018) - with trial counsel Jim Vander Linden, on behalf of appellant. The Minnesota Court of Appeals reversed the district court's grant of summary judgment, holding that, in the absence of a policy definition, a vehicle is a "hit-and-run vehicle" for purposes of uninsured motorist (UM) coverage "if the vehicle does not stop and leaves the accident scene and the insured does not have an opportunity to obtain the unidentified driver's information." The respondent insurer unsuccessfully argued that because there was no evidence that the unidentified driver fled the scene with the intent to escape liability, she did not "run" from the scene for UM purposes.

DeWitt v. London Rd. Rental Ctr., Inc., 899 N.W.2d 893 (Minn. App. 2017), reversed on other grounds, 910 N.W.2d 412 (Minn. 2018) - with trial counsel Robert N. Edwards on behalf of appellant. The Minnesota Court of Appeals reversed the district court's dismissal of plaintiff's claim based on res ipsa loquitur, holding that "[t]he mere possibility that something other than the defendant's negligence caused a plaintiff's injuries does not preclude the application of the doctrine of res ipsa loquitur when evidence reasonably tends to exclude other possible causes." DeWitt is a case of first impression in Minnesota, applying the res ipsa doctrine to the collapse of seating in a public establishment.

Spindler v. Westman, (unpublished) A20-0536, 2021 WL 417008, 2021 Minn. App. Unpub. LEXIS 143 (Minn. App., Feb. 8, 2021), review denied (Minn., Apr. 28, 2021) - with trial counsel Nate Bjerke and Lance Redlinger on behalf of respondent. The Minnesota Court of Appeals upheld the district court's denial of appellant's motion for new trial based on purported attorney misconduct in closing argument. The decision preserved a verdict awarding $1,065,507.98 in damages to the respondent plaintiff, who was the victim of a highway-speed rear-end collision that resulted in complex regional pain syndrome, a chronic and progressive condition.

Schmidt v. Harlan, et al., (unpublished) A13-0654, 2014 WL 211352, 2014 Minn. App. Unpub. LEXIS 47 (Minn. App., January 21, 2014), review denied (Minn., March 26, 2014) - on behalf of appellant. The Minnesota Court of Appeals reversed a summary judgment dismissing appellant’s legal malpractice claim where the district court impermissibly weighed evidence, assessed credibility and disregarded expert opinion. The Court of Appeals clarified its ruling in Schmitz v. Rinke, Noonan, Smoley, Deter, Colombo, Wiant, Von Korff & Hobbs, Ltd., 783 N.W.2d 733, 741 (Minn. App. 2010) that a legal malpractice plaintiff must present “concrete evidence of what [the plaintiff] would have done but for [the defendant’s] negligence.” The court explained that the phrase “concrete evidence” does not “create a heightened standard of proof” but instead simply reinforces the concept that an expert’s opinion as to legal malpractice causation must be based on an adequate factual foundation.

Xiong, et al. v. Dubbles, et al. and Valen, (unpublished) A12-1989, 2013 WL 3284335 (Minn. App., July 1, 2013) - on behalf of Respondent Eric Valen. The Minnesota Court of Appeals confirmed (1) that the district court has jurisdiction to adjudicate an attorney lien served under Minn. Stat. Sec. 481.13 independent of the pendency of the underlying action; (2) that such a lien is applicable to work performed prior to the filing of the underlying action; and (3) that a lien filed under subdivision 1 of the statute need not be filed with the Secretary of State (as required by subdivision 2).

Werneke v. Lakeside Lawn and Landscape, Inc., 706 N.W.2d 40 (Minn. 2005) - for trial counsel Michael Scully on behalf of petitioner/respondent. Finding of primary workers’ compensation liability upheld. Recovery: permanent total disability at applicable maximum rate of approximately $750.00 per week from age 15 to at least age 67 (unreduced value in excess of $2 million); permanent partial disability in the approximate amount of $330,000.00 (reduced to present value); medical and home health care benefits in excess of $500,000.00 and continuing.

Castleberg v. Lutsen Mountains Corp., order, A04-1738 (Minn. App., October 5, 2004) - for trial counsel Arthur Kosieradzki on behalf of quadriplegic plaintiff/respondent. Successful opposition to petition for writ of mandamus/prohibition, preserving change of venue from Lake County, Minnesota (Grand Marais) to Ramsey County, Minnesota (St. Paul). Settled shortly after denial of the writ.

Representative Trial Level Cases:

Chapman v. Unum Life Ins. Co., No. 20-CV-1155 (D.Minn., Aug. 18, 2021) - with Beedem Law Office on behalf of an ERISA disability claimant. In a matter of first impression nationally, the court determined that a repetitive stress condition is an "accidental bodily injury," as distinct from a "sickness" for purposes of an ERISA-governed disability insurance plan. This determination entitled the client to lifelong benefits, rather than benefits terminating at age 65.

Maidl v. Tretter, Court File No. 62-CV-20-2159 (Ramsey County District Court, Sept. 28, 2020) - with Rob Roe on behalf of personal injury plaintiff. Successful motion to apply Minnesota law to a significant dog bite injury suffered by a Minnesota citizen in Texas. Despite the location of the incident in Texas, the court applied Minnesota's multi-factor choice-of-law analysis in favor of application of Minnesota law (which holds dog owners to a standard of absolute liability) as opposed to less favorable Texas law. The case later settled.

Gurewitz v. Estate of Robinson, Court File No. 27-CV-17-1777 (Hennepin County District Court, June 27, 2017) - with the Law Office of Jeffrey A. Jones, P.A. on behalf of personal injury plaintiff. Successful opposition to motion for summary judgment brought by the defendant estate, which alleged that there were defects in the probate court's appointment of the special administrator who accepted service on behalf of the estate. The court ruled that the estate's motion, brought in the personal injury action, was an impermissible collateral attack on the probate court's appointment. The case later settled.

Seitz v. Airmaxx Trampoline Park, LLC, Court File No. 73-CV-15-11460 (Stearns County District Court, 2016) - with Peter Kestner on behalf of a quadriplegic plaintiff. Successful opposition to motion for summary judgment based on defendant trampoline park's liability waiver. Key issues included the validity of the waiver and the meaning of "greater than ordinary negligence" under the controlling statute, Minn. Stat. Sec. 604.055. The case settled after briefing and oral argument, but before the court's decision on the motion.

Birnbaum v. American Crystal Sugar Company, et al., Court File No. 14-CV-14-4043 (Clay County District Court, 2016) - with Jake Jagdfeld on behalf of a severely burned plaintiff. Successful opposition to motion for summary judgment based on defendant sugar refiner's claim that plaintiff was its "loaned servant" and it was therefore immune from liability under the workers' compensation act. The case was settled for a confidential amount after briefing but before the court's decision on the motion.

Koffarnus v. United States, 175 F.Supp.3d 769 (W.D.Ky. 2016) - with Jake Jagdfeld on behalf of plaintiff. Successful opposition to the U.S. government's motion to dismiss for lack of jurisdiction and alternative motion for summary judgment in a claim on behalf of an injured National Guardsman for benefits under the Traumatic Servicemembers' Group Life Insurance Program (TSGLI). The court denied the government's motions and granted our informal request for entry of summary judgment in plaintiff's favor sua sponte, ending the case.

Verdoes v. Running Supply, Inc., et al., Court File No. 42-CV-14-572 (Lyon County District Court, January 21, 2016 and February 4, 2016) - with Peter Kestner on behalf of plaintiff, who suffered a severe and permanently disabling head injury when the subject product, a towing clevis, failed catastrophically. Successful opposition to spoliation-based motion for summary judgment brought by defendant product manufacturer and defendant retailer, and successful prosecution of partial motion for summary judgment against defendant retailer as to failure to warn. The case settled shortly after the court's decisions on the motions.

Ruppert by Ruppert v. Bulver, Court File No. 13-CV-14-500 (Chisago County District Court, August 26, 2015) - with Sheila K. Donnelly-Coyne on behalf of plaintiff. Defendant driver in clear liability single vehicle rollover case proposed to include the State of Minnesota Department of Transportation on the special verdict form as a potentially liable party, based on the existence of a 5/8" drop off from pavement to shoulder in the vicinity of the incident. The court granted our Motion to Limit Parties to be Identified as Potentially Negligent and ruled that the State of Minnesota would not appear, based on defendant's failure to offer competent evidence that the 5/8" drop off could have caused her to roll her vehicle.

Owens v. Harleysville Ins. Co., Court File No. 27-CV-13-20117 (Hennepin County District Court, August 22, 2014) - with Sheila K. Donnelly-Coyne on behalf of plaintiff. In a “third-party” suit against a UIM carrier arising from a work-related motor vehicle accident, the carrier took the position that a previous settlement of all medical benefits in the workers’ compensation claim operated to preclude any claim for medical specials, based on an opportunistic reading of American Family v. Udermann, 631 N.W.2d 424 (Minn. App. 2001), which held that an employee who closes out a medical benefit in a workers’ compensation claim cannot later claim the same medical benefit from no-fault coverage. The court rejected this argument, recognizing that no-fault coverage and UIM coverage serve distinct purposes and that there is a specific statutory interaction scheme bearing on the relationship between no-fault and workers’ compensation that drove the result in Udermann.

Plaintiff v. Insurance Co. (2008) - with Arthur Kosieradzki, Matthew Newman and Abraham Goldman on behalf of Plaintiffs. Recovery of approximately $1.2 million in accidental death benefits and associated claims, as reported in Minnesota Law & Politics’ “Largest Personal Injury Recoveries of the Year” article for 2009.

Childers v. Menard’s, Inc., Hennepin County District Court No. 27-CV-06-21179 (2008) - for Susan Holden on behalf of plaintiff, who suffered injuries requiring revision of a lumbar fusion following a fall related to a leaking roof at Menard’s. Successful opposition to Defendant’s motion for summary judgment. Recovery: confidential.

Barto v. Smith, Richland County Circuit Court (Wisc.) No. 07-CV-78 (2008) - for Cory Whalen on behalf of plaintiff in ATV injury case. Opposition to coverage-related and substantive dispositive motions. Recovery: $300,000.

Economy Premier Assurance Co. v. Weierke, Carver County District Court No. 10-CV-06-429 (2007) - for Arthur Kosieradzki and Allan Shapiro on behalf of wrongful death trustees in an insurance coverage declaratory action. Successful opposition to insurer’s motion for summary judgment; successful pursuit of cross-motion for summary judgment establishing $1 million in excess coverage. Also handled motion to compel, motions in limine and submission of jury instructions and special verdict forms with supporting memorandum. Recovery: approximately $1.1 million.

Essex Insurance Co. v. Judy Garland Children’s Museum, Inc., D.Minn. No. 05-CV-2815 (2006) - for Michael Quinlivan on behalf of property loss coverage claimant in declaratory action. Pursued motion for summary judgment to establish coverage in favor of insured museum for loss by theft of one of the four still-existing pairs of ruby slippers worn by Judy Garland in the 1939 film “The Wizard of Oz”. Settled after briefing but prior to resolution of motion for confidential amount.

Ryan v. Heritage Trails Associates, Inc., Clinton County District Court (Iowa) No. LA30641 (2006) - for Greg McEwen and Don Beatty on behalf of plaintiffs. Successful opposition to three successive dispositive motions in an anhydrous ammonia release case. Recovery: $9.6 million, largest recovery reported in Minnesota Law & Politics’ “Largest Personal Injury Recoveries of the Year” article for 2007.

Hage v. C. S. McCrossan, Inc., Hennepin County District Court No. WD 03-016527 (2006) - for Susan Holden on behalf of wrongful death trustee in litigation over two successive fatal motor vehicle accidents in the Hiawatha Corridor LRT construction zone. Successful opposition to motion for summary judgment brought by the general contractor for the project. Recovery: confidential.

Plaintiff vs. Defendant (2004) - for Arthur Kosieradzki on behalf of high-level quadriplegic plaintiff. Successful opposition to motion for summary judgment. Recovery: confidential.

Kruger v. Cenex, Inc., Nobles County District Court No. C2-03-735 (2004) - for Greg McEwen on behalf of plaintiff, who was badly burned in a propane explosion. Successful opposition to spoliation-based motions for summary judgment. Recovery: $1.8 million.

Continuing Legal Education Lectures:

Case Law Update, Minnesota Association for Justice 2021 Annual Convention, August 21, 2021

"When Is a Claim 'Deemed Made' Under an MLM Policy?", My Insurance Policy Says What?, Minnesota Association for Justice, March 4, 2021

(With Sharon Van Dyck) Appellate Basics: An Advocates Guide to Constructing the Framework Needed to Succeed on Appeal, Minnesota CLE Appellate Practice Institute, Feb. 26, 2021

Case Law Update, Minnesota Association for Justice 2020 Annual Convention, August 20, 2020

"Wrongful Death Claims Against the Government: A Short Course," Wrongful Death Cases Seminar, Minnesota Association for Justice, June 4, 2020

"Know Your Appellate Cases: Getz v. Peace and Fish v. Ramler Trucking, Inc., et al., Minnesota Association for Justice Mid-Winter Meeting, Feb. 21, 2020

Case Law Update, Minnesota Association for Justice 2019 Annual Convention, August 17, 2019

"Unrestricted Medical Authorizations - What Is the Law?", 2019 Car Crash Seminar, Minnesota Association for Justice, March 22, 2019

"Issues Arising in Minnesota Civil Case Law", Law School for Legislators, Mitchell-Hamline College of Law and Minnesota Association for Justice, January 25, 2019

Case Law Update, Minnesota Association for Justice 2018 Annual Convention, August 18, 2018

"Lambertson After Staab: Injuries at Work", Don't Step on That Landmine: Critical Case Law Developments and Discovery Issues, Minnesota Association for Justice, March 7, 2018

Case Law Update, Minnesota Association for Justice 2017 Annual Convention, August 19, 2017

"Initiating an Appeal from a State Court Civil Order or Judgment in Minnesota", Douglas K. Amdahl Inn of Court, January 19, 2017

"The Workers' Compensation Insurer's Subrogation Interest in Third-Party Liability Cases", Subrogation Seminar, Minnesota Association for Justice, October 31, 2016

"Initiating an Appeal from a State Court Civil Order or Judgment in Minnesota", Minnesota Association for Justice, October 25, 2016

Case Law Update, Minnesota Association for Justice 2016 Annual Convention, August 20, 2016

Panelist, "Focusing on the End Game: Winning Your Appeal at Trial", Minnesota Association for Justice, May 23, 2016

Case Law Update, Minnesota Association for Justice 2015 Annual Convention, August 15, 2015

Case Law Update, Minnesota Association for Justice 2014 Annual Convention, August 16, 2014

Case Law Update, Handling the Car Crash Case, Minnesota Association for Justice, March 27, 2014

“Appellate Issues in Wrongful Death Cases”, Wrongful Death Seminar, Minnesota Association for Justice, February 28, 2014

"Filing the Appeal", MoreLaw Minneapolis, August 14, 2013

“Ethics and Electronic Discovery” and “Sanctions in E-Discovery”, E-Discovery: Now What?, NBI, November 9, 2011

“Determination of Additional Insured Status: The Viktora Test”, Minnesota State Bar Association Solo and Small Firm Section Annual Meeting and CLE, June 2, 2011

“Case-Specific Research” and “Organizing Legal Research”, Attorney’s Guide to Legal Research Strategies On and Offline, NBI, November 9, 2010

Publications:

"Lambertson Lives: Fish v. Ramler Trucking, Inc., 935 N.W.2d 738 (Minn. 2019)", Minnesota Trial (Winter 2020)

"Minnesota's Social Security Act Exception to Collateral Source Deduction Applies to Medicaid Discounts Negotiated by Private 'PMAP' Managed Care Organizations: Getz v. Peace, et al., 934 N.W.2d 347 (Minn. 2019)", Minnesota Trial (Fall 2019)

"Failure to Seek a "Henning Hearing" to Determine the Workers' Compensation Subrogation Interest: Legal Malpractice that Lawyers Don't Know They're Committing" (with Daniel B. O'Leary), Minnesota Trial Lawyer (Winter 2016)

“You Did WHAT With My Car? Owner Liability and Coverage for Intentional Acts of Permissive Drivers” (with Prof. Jeanne Kosieradzki), Minnesota Trial Lawyer (Fall 2003)

"Referral to Physical Therapists and Massage Therapists: Potential Legal Pitfalls" (with David C. Wulff), DC Practice, Vol. 3, No. 2 (Fall 1996)

A.B. in Psychology, Duke University, Durham, NC, granted 1978

J.D., Washington University School of Law, St. Louis, MO, granted 1982