Bryan D. Scholnick is Senior Counsel in Tyson & Mendes’ Seattle office. Mr. Scholnick’s legal career focuses on defending general liability cases with a focus on professional liability and automotive claims. He is an experienced litigator in a variety of cases involving automotive and trucking personal injury claims, automotive rental liability issues, engineering error and omissions claims, medical malpractice, products liability, workplace injuries, wrongful death, construction defect, and breach of contract. Mr. Scholnick has defended and represented architects, engineers, and physicians and hospitals in suits alleging professional negligence.
Mr. Scholnick has successfully resolved a variety of cases involving personal injury, alleged engineering design failures, complex construction defect claims, and product liability. He has successfully obtained multiple dismissal of a rental company following motions practice. Mr. Scholnick’s Masters in Mechanical Engineering and science background provides him with helpful knowledge in some of the more complex malpractice, professional liability, product design, and construction claims.
Mr. Scholnick studied law at Marquette University Law School in Milwaukee, Wisconsin and earned his J.D. in 2002. He then worked for seven years handling general liability and workplace injury claims in Chicago, Illinois, before moving to Seattle in 2009. While practicing law in Chicago, he obtained his Master in Mechanical Engineering from the University of Illinois in 2008. Mr. Scholnick is licensed to practice law in Washington, Oregon, Illinois, and Wisconsin.
Mr. Scholnick, his wife, and their daughter spend their weekends enjoying time together watching movies, restoring their property, and playing with their dogs.
Recent PostsFormer Coverage Counsel Precluded From Participating in Bad Faith Litigation
In late July, 2019, Division One of the Washington State Appellate Court addressed whether an insurer’s former coverage counsel could participate in a bad faith action against the insurer. In Richard Plein, Et Ano, v. USAA Casualty Ins Co., the Appellate Court examined whether the action the firm wanted to participate in would be substantially related to the firm’s former representation under RPC 1.9(a). RPC 1.9(a) states…When Does a Neighbor Dispute Rise to an Actionable Claim for Outrage?
Good fences make good neighbors. This is not one of those stories. Division III of the Washington Court of Appeals found that a neighbor’s actions, which most would agree were childish and annoying, were sufficiently outrageous and extreme to rise to the level of an actionable tort. The Court upheld the trial court’s award of $40,000 for the tort of outrage.Big Steps Taken Toward Getting Self-Driving Semi-Trucks On the Road
This may not be first steps on the moon; however, on June 16, 2019, a heavy-duty commercial truck drove along Florida’s Turnpike with no driver inside. The truck successfully drove 9.4 miles navigating a rest area, merging onto the highway, changing lanes, and keeping a speed of 55 mph. The entire 9.4 mile journey can be watched on YouTube. The company behind this feat is Starsky Robotics. The semi-truck was initially driven remotely.Let Talk About Elevators – That‘s Right, Elevators
A few years ago, National Public Radio discussed the similarities between elevators and autonomous vehicles. (Remembering When Driverless Elevators Drew Skepticism, Morning Edition, NPR, July 31, 2015.) This discussion centered on how the automatic passenger elevator took over 50 years to become what it is today – not even a second thought about getting in and going. Originally, elevators required operators to guide…The Construction Defect Is Not Always the Contractor’s Fault, Right? Why Not Look at the Building Products Too?
How often during construction defect litigation does it appear the contractor is certain they did the work in a workmanlike manner? How often do we hear from the contractor or subcontractor there is no way they caused the defect to arise? Recently, a building envelope professional was adamant his envelope design was so redundant, there is no way the envelope would allow water to intrude into the building. After multiple…Tyson & Mendes Outmaneuvers Plaintiff Who Attempted to Extend the Statute of Limitations by Re-filing Suit Against a Foreign National in Federal Court
Tyson & Mendes’ Seattle office obtained a dismissal with prejudice of an insured from the Federal Court by following a legal strategy set in motion when a lawsuit was first filed in state court. Plaintiff was injured while riding a bus when a car turned left in front of the bus causing the vehicles to collide. Plaintiff incurred substantial medical treatment following the accident. He filed suit in Washington State Court against the car’s…Fully Vette Your Public Adjuster Before Letting Them Work Your Property Claims
When considering hiring a public, or independent, adjuster for work in Washington, the claims person must begin the process of vetting possible candidates and documenting their reason behind their choice. Based on two recent Washington court rulings, one state court case and one federal district court case, the actions of the public adjuster may be imputed to the claims person under certain circumstances. The number of proponents…Will Statistical Analysis Be Necessary to Assert the Sudden Emergency Doctrine in Cars Equipped with Autonomous Vehicles?
In Washington, and in many other states, defendants in a car accident can assert that they were “suddenly confronted by an emergency through no negligence of his or her own and who is compelled to decide instantly how to avoid injury and who makes such a choice as a reasonably careful person placed in such a position might make, is not negligent even though it is not the wisest choice.” WPI 12.02. The sudden emergency doctrine…Future Apartment-to-Condominium Conversion May Not Be a Way to Escape From Construction Defect Suits in Washington
If you have traveled to Seattle in the last few years, you may have noticed the number of cranes. Other than the large number of buildings under construction for Amazon and other technology companies, many of the buildings seen under construction are multi-unit, high-rise apartments. A decade or more ago, one would have expected many of these to be condominium buildings. However, between then and now, Washington…Washington State May Be Creating a New Type of Insurance Product; The Hybrid Auto-Manufacturing Liability Policy
Generally, when we hear about autonomous vehicles, we hear about the innovations and strides being made by companies like Uber, Apple, Microsoft, and Google. Other than Tesla, it is rare we hear news about the traditional automakers performing vehicle testing: the Big Three of their respective regions. There is no doubt these companies will quickly start marketing and selling their branded autonomous vehicle. If they plan to start doing…