Scott A. Neckers

Scott A. Neckers is an experienced trial attorney and civil litigator who concentrates his practice on the defense of professional liability, public entity, and insurance claims in Colorado and the Rocky Mountain region. Scott has extensive experienced defending physicians, dentists, attorneys, architects, insurance agents, real estate brokers, engineers and their businesses in malpractice, personal injury, and insurance litigation, as well as in front of State licensing boards.

In addition to malpractice defense, Scott defends product liability and general liability matters arising from premises liability, construction, and automotive claims involving property damage, personal injury, and wrongful death. Scott has served as lead counsel in the defense of hundreds of personal injury matters, and has extensive deposition, mediation, and trial experience. Scott has tried over a dozen jury trials in various jurisdictions throughout Colorado. He also has experience in commercial litigation, representing individuals, companies, and corporations in matters involving contractual disputes across a wide array of industries.

Prior to joining OMH in 2020, Scott spent 5 years at a boutique trial firm focusing on the defense of medical malpractice and professional liability claims. Scott started his legal career as an in-house trial attorney for a national insurance company, where he defended hundreds of individual and commercial policy holders in personal injury and contractual disputes in State and Federal Court throughout Colorado.

While in law school at the University of Denver, Scott served as the Editor-in-Chief of the University of Denver Sports and Entertainment Law Journal. He also was a national moot court champion at the Tulane University National Baseball Arbitration Competition in 2010 and national runner-up at the same competition in 2011.

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Representative Matters:

• Won a complete defense verdict for an EMS agency in a 3-week medical malpractice jury trial in which plaintiff claimed nearly $60 million in damages due to quadriplegia;
• Obtained dismissal with prejudice on behalf of an attorney in a legal malpractice lawsuit in U.S. District Court for the District of Wyoming. The 10^th Circuit Court of Appeals upheld the dismissal;
• Won complete defense verdict on behalf of irrigation canal company in a week-long bench trial involving an easement dispute. The Colorado Court of Appeals upheld the dismissal;
• Won a complete defense verdict for an orthopedic surgeon in Aspen, CO in a multi-week wrongful death/medical malpractice jury trial;
• Won a complete defense verdict for a property owner in a wrongful death jury trial in which plaintiff sought $2.5 million in damages;
• Won summary judgment on behalf of 15 correctional officers in a 42 U.S.C. § 1983 case where plaintiff alleged excessive use of force and failure to protect under the 8^th Amendment, and retaliation under the 1^st Amendment;
• Obtained numerous dismissals with prejudice on motions to dismiss filed against public entities and public employees under the Colorado Governmental Immunity Act (CGIA);
• Won summary judgement on behalf of Homeowners’ Association in six-figure defamation and wrongful termination lawsuit;
• Obtained dismissal with prejudice and order of attorney’s fees in a personal injury action representing the estate of a deceased individual;
• Obtained dismissal with prejudice as a discovery sanction on behalf of irrigation ditch company after convincing the Trial Court that Plaintiff committed perjury during her deposition;
• Won summary judgement on behalf of Physician’s Assistant in a medical malpractice lawsuit relating to a hip replacement surgery;
• Won summary judgment on behalf of Homeowners’ Association in a negligence lawsuit. The order was upheld by Colorado Court of Appeals in an unpublished decision;
• Obtained dismissal with prejudice and award of attorney’s fees and costs on behalf of a lawyer sued by former criminal defense client;
• Won a motion to dismiss for an emergency medicine physician in a medical malpractice lawsuit;
• Obtained six-figure judgement against vendor on behalf of an advertising and marketing company in a commercial contract dispute;
• Negotiated dismissal without payment on behalf of Radiologist accused of failing to diagnose a pulmonary embolism in a medical malpractice lawsuit;
• Obtained interlocutory reversal from the Colorado Supreme Court of a trial court order compelling attorney to disclose privileged communications between the attorney and her former client. The Colorado Supreme Court declined to extend the "Fiduciary Exception," to a Colorado State Court matter involving legal advice provided to personal representative of a decedent's estate. This is an extraordinary remedy and less than 4% of these petitions filed each year are granted by the Supreme Court.
• Obtained dismissals of dozens of administrative complaints on behalf of medical, engineering, and veterinary professionals in front of the State of Colorado Department of Regulatory Agencies;
• Negotiated dismissal without payment on behalf of a component part manufacturer in a product liability lawsuit based on a catastrophic construction site accident;
• Obtained an order compelling arbitration in Colorado District Court on behalf of an assisted-living facility in a negligence matter even though the facility’s arbitration clause did not strictly comply with the Health Care Availability Act (HCAA);
• Won a complete defense verdict in a week-long motor vehicle accident trial where Plaintiff sought nearly $1 million in compensatory damages.