M. Scott Gemberling, Attorney


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M. Scott Gemberling update listing

Ethics, Insurance, Products Liability, Professional Malpractice, General Practice

215-575-2600


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For nearly 30 years, Scott has focused a significant portion of his practice on the defense of liquor liability and significant exposure excess insurance claims.  Scott has tried over 100 cases to verdict, many involving dram shop cases.

In addition to his law practice, Scott has lectured extensively to various claims and trial lawyer associations concerning liquor liability and other topics.  He serves as the National Litigation Coordinator for high exposure liquor liability, professional liability and excess claims for a number of national insurance companies.  He has actively defended liquor liability claims in a variety of jurisdictions including Florida, New York, Massachusetts, Rhode Island, Oklahoma, Michigan, Minnesota, Georgia, South Carolina, North Carolina, New Jersey, Connecticut, among others.  Scott travels extensively throughout the United States mediating significant exposure liquor liability and excess claims in his role as national counsel at the request of his clients.

Since 1995, Scott has served on the faculty of the Pennsylvania Bar Institute for its annual Tort Law Update Program lecturing attorneys concerning subjects including dram shop liability and the admission of evidence of alcohol in civil cases.  As well, Scott has served as a Judge Pro Tem in Delaware County (1997-2002), Co-Chairman of the Delaware County Civil Trial Practice Committee (1998-2002) and served as a member of the Delaware County Judicial Advisory Committee. He also serves as both Coordinator and Faculty for a Pennsylvania Bar Institute sponsored Dram Shop Liability Seminar presented every two years since 1999.

Scott graduated from Clarion State University in 1974, completed masters credits toward a Master of Psychosocial Science at The Pennsylvania State University from 1976 through 1978. He concluded his legal education at Widener University School of Law in 1981. Scott  began his career with Marshall, Dennehey, Warner, Coleman and Goggin as a law clerk in 1979 and continued employment with the firm following his admission to the Pennsylvania Bar in 1981.

Significant Representative Matters

  • In Hiles v. The Brandywine Club, 443 Pa. Super. 462; 662 A.2d 16 (1995), Scott represented the co-defendant liquor licensee, The Brandywine Club, in the wrongful death/survival claim of a husband whose wife was killed by the co-defendant drunk driver, William Diviney, as she was driving to work at 6:30 a.m. on November 30, 1985.  Following trial in Chester County, Pennsylvania, the jury rendered a verdict finding Diviney 100% liable and awarded Hiles $925,000.00 with The Brandywine Club avoiding payment of the entire verdict under joint and several liability for any percent of negligence.  The Hiles case has since provided the defining standard in Pennsylvania for licensee liability involving off-premises accidents caused by intoxicated adult patrons.

  • In Pulliam v. Bakerstown Hotel, 2004 Pa. Super. 116 (2004), the plaintiff was rendered quadriplegic as a result of a one-vehicle accident following his consumption of alcoholic beverages at the defendant bar.  During jury trial in Butler County, Pennsylvania in 2002, the Court admitted evidence of plaintiff's juvenile drug rehabilitation records, prior DUI convictions and evidence that plaintiff's urine tested positive for marijuana and cocaine following the accident as "highly probative" of the plaintiff's life expectancy and tolerance to intoxicants.  Plaintiff's Petition for Allowance of Appeal was denied by the Pennsylvania Supreme Court in July 2005 and the case has since provided the standard by which evidence of plaintiff's prior drug and alcohol history may be admitted at trial.
  • Position Organization Location Duration
    School Degree Major Graduation
    Widener University School of Law Law SchoolN/A  
    The Pennsylvania State University
    State / Court Date
    Indiana2009
    Sun. Mon. Tue. Wed. Thu. Fri. Sat.


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    Service Type: Private

    Update Date: 2023-05-02

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    Change Date Change Field Previous Content
    2020-11-24Phone+1 2155752600
    2020-11-24Bar StatusActive
    M. Scott Gemberling
    1845 Walnut Street
    Philadelphia, PA 19103
    39.950355,-75.1714236

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    1845 Walnut Street
    Philadelphia, PA 19103


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    SAMPLE LEGAL CASES

    Wife Found in Contempt of Court’s “Automatic Orders”
    In a decision rendered in a dissolution of marriage action, a wife was found in contempt for depriving her husband of information regarding the parties’ two minor children in violation of the court’s “automatic orders.”  In this particular case, the parties were married 1991, and were the parents of two children.  At the time of trial the husband was forty-three years old and in generally good health.  He had an associate’s degree and worked for a supply company earning approximately $51,000 annually.
    Court Awards Wife Alimony Based on Husband’s Earning Capacity Despite His Unemployment
    In a divorce action pending in the Judicial District of Stamford at Norwalk, the court awarded a wife alimony and child support based on the husband’s earning capacity even though he was unemployed at the time of trial. 
    Court Denies Mother’s Request to Relocate with Minor Child
    In a post judgment divorce action originating in the Superior Court for the Judicial District of Hartford, Judge Prestley denied a mother’s request to relocate to France with the parties’ children.  The parties were married in 1981 and after twenty-six years, sought and obtained a divorce in 2008.  During their marriage, the parties had three children, born in 1988, 1992 and 1998.  The youngest child was the only minor at the time of the post judgment action.