Barbara L. Jones//July 22, 2024//
Appellate attorney Scott Wilson, who works often with personal injury trial lawyers, has been instrumental in three Supreme Court opinions that changed Minnesota personal injury law in 2018 and 2019. One was Fish v. Ramler Trucking, et al. That case affirmed the long-standing principle that a third-party tortfeasor’s liability to an injured employee for a workplace injury is not reduced by the employer’s fault.
In October 2019, the court said in Getz v. Peace that payments made to Medical Assistance recipients were not a collateral source and should not be deducted from jury awards because they were payments pursuant to the Social Security Act and thus excepted by Minn. Stat. §548.251, subd. 1 (2).
The third case, Roller-Dick v. CentraCare Health System and SFM Mutual Companies, said that a fall at work, originating on the employer’s premises, is causally connected to the employment.
Now he and trial attorney Paul Peterson are before the Supreme Court in another potentially law-changing matter. The issue in Doe v. Special School District No. 6 is whether the state is vicariously liable for its employee’s acts or omissions under the common law standard of vicarious liability and Minnesota State Tort Claims Act (Minn. Stat. § 3.736 (2022). The issue is also before the court in Sterry v. Minnesota Department of Corrections, and Wilson’s case is on hold while that case is resolved.
Wilson’s appellate practice is the second act of his career, following 20 years of trial practice in personal injury. When juggling all the personal injury plates in the air at the same time became too difficult, Wilson turned to appellate work. Soon word spread that he could write effective briefs. He’s found a way to have a satisfying career that serves others. “I am a civil appellate side lawyer whose wheelhouse is plaintiffs’ personal injury,” he said.