J. Scott  Kirk

Scott Kirk represents clients in the areas of commercial trucking litigation, casualty defense, product liability, employment and admiralty.  Defending clients in hotly contested litigation in Florida's state and federal courts, Scott has been recognized by his peers and the community for his advocacy skills.  In 2004,  Florida Monthly magazine recognized him as one of "Florida's Top Lawyers," a distinction bestowed upon him by his peers.  In April 2005, Orlando Magazine recognized Scott as one of Orlando’s Best LawyersIn 2003, the magazine identified him as a "Legal Eagle" in the area of personal injury litigation, following his 2001 recognition in the magazine as one of "Orlando's 55 Best Attorneys."  His peers have selected Scott every year for the past ten years for inclusion in Woodward/White's, The Best Lawyers in America in the field of personal injury litigation.

Scott defends nationally known trucking companies in cases involving significant and catastrophic injuries as well as wrongful death claims.  Representing an industry subject to regulation at state and federal levels, Scott's practice includes consulting with his trucking industry clients on evidence preservation and compliance matters that may impact the investigation of accidents and the defense of future litigation.  Familiar with the regulations governing the industry, Scott defends trucking clients in cases involving issues including weight, lighting, driver qualifications and performance, and vehicle maintenance and repair.  He has litigated cases involving issues related to the electronic control module.  He has defended claims arising from a variety of trucking accidents including rollovers, vehicle/ pedestrian, and multiple vehicle collisions.

In his casualty defense practice, Scott represents clients in a variety of matters including premises liability, motor vehicle accidents and product defect claims. Scott represents public entities, individuals and businesses in this facet of his practice.  He has defended premises liability claims involving public housing, retail establishments, hotels, restaurants and bars as well as private homes. His defense of claims arising from motor vehicle accidents includes collisions involving passenger cars and trucks, commercial vehicles, and motorcycles. In the product defect aspect of his casualty defense practice, Scott has defended a variety of products including ladders, stools, chairs, lawnmowers, farm implements, cranes and erection equipment, water heaters, conveyor systems and elevators/escalators.

Defending manufacturers against product liability claims is part of Scott's practice.  He defends manufacturers in the marine industry against claims of personal injury and wrongful death arising from boating accidents.  Scott has handled cases including those involving issues of vessel and engine design and performance, operator performance, and prop guard claims.  In conjunction with this facet of his practice, Scott also represents clients in admiralty matters involving the Jones Act.

Scott's practice includes the defense of public entity clients in employment matters.  He represents clients at administrative proceedings of the EEOC and the Florida Commission on Human Rights and in judicial proceedings in state and federal court.  Scott has defended against discrimination claims including those based on age, gender, race/ethnicity and disability.

In additional to his trial practice, Scott serves as an arbitrator in the United States District Court for the Middle District of Florida.  He frequently speaks to clients and at seminars on topics related to claims investigation and defense.

  • Education

    Stetson University, College of Law - J.D. , 1976
    Stetson University - B.A., History , 1973
  • Honors

    • Listed in Best Lawyers for more than 20 years
    • Listed in Florida Super Lawyers 2007, 2009, 2010, 2011, 2012 , 2013
  • Bar Admissions

    • Florida (1976)
  • Court Admissions

    • U.S. District Courts of Florida (Northern, Middle, Southern)
    • U.S. Court of Appeals, 11th Circuit
    • U.S. Supreme Court
  • Notable Cases

    • Wozniak v. Florida Power Corp. v. American Television & Communications Corp. (Orange County)  >>
    • Seymour v. Brunswick  >>
    • Redinger v. Alvey Systems (Orange County)  >>
  • Professional & Civic Activities

    • American Boat and Yacht Counsel
    • Defense Research Institute
    • Florida Defense Lawyers Association
    • American Board of Trial Attorneys
    • Orange County Bar Association
    • The Florida Bar
    • Judiciary Council, President
  • Articles & Presentations

    • "Apportioning Multiple Injuries," CEU Institute Claims Examiner Seminar, March 2014, Co-Presenter
    • "Civil Litigation Strategies," CEU Institute Claims Examiner Seminar, November 2013, Co-Presenter
    • Jacksonville Association of Defense Counsel, Speaker
    • Ninth Annual Florida Liability Claims Conference, Speaker
    • USHARP Pool Conference , Speaker
    • Eighth Annual Florida Liability Claims Conference, Speaker
    • National Association of Women Business Owners, Speaker
    • Florida Housing Authorities Risk Management Insureds , Speaker
    • Florida Housing Authorities Risk Management Insureds in Ocala, Speaker
  • Ratings and Certifications

    • AV Rated by Martindale-Hubbell
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