Brian P. Heermance Partner

New York, NY

Phone: (212) 428-2484 Fax: (646) 576-8911 Download VCard

Brian P. Heermance

Brian is the Liaison Partner for the New York office of Morrison Mahoney.  He has nearly 30 years of experience in civil litigation on behalf of insurance companies and self-insureds, with an emphasis on trial work and the defense of cases involving professional liability, including medical, dental, legal malpractice, agent/broker E&O, and construction, product liability, transportation and tort liability, including premises and general liability.

Brian has defended cases involving death, catastrophic injuries and multi-million dollar exposures.

Brian is a frequent author and speaker for industry trade associations and universities.

Representative Experience

Professional Liability

  • Summary Judgment - medical malpractice 
    Plaintiff alleged that the client, an optometrist, failed to diagnose a macular hole which resulted in near blindness.  Plaintiff claimed over $3 Million in damages. 
  • Defense Verdict - dental malpractice 
    Plaintiff claimed that the client, a general dentist, was negligent in performing extensive bridgework that failed when placed, and that related root canal and extraction work was unnecessary.
  • Defense Verdict - dental malpractice 
    Plaintiff alleged that the client, an Endodontist, failed to obtain informed consent and negligently performed root canal treatment.  This manifested itself with numbness and tingling (paresthesia) in her lip, chin and cheek, which was diagnosed as a permanent condition. 
  • Defense Verdict - dental malpractice 
    Plaintiff alleged that the client, a periodontist, failed to obtain informed consent and negligently extracted a tooth, removing excessive bone and damaging the root of an adjacent tooth.
  • Dismissal - legal malpractice 
    Plaintiff alleged that the client engaged in malicious prosecution, intentional infliction of emotional distress, and prima facie tort. 
  • Summary Judgment - real estate agent E&O 
    Plaintiff brought suit against the seller of the property, the inspection company and seller's broker (the client) alleging negligence, detrimental reliance, breach of contract, fraudulent misrepresentation and failure to disclose material defects.  Brian successfully argued that the brokerage owed no duty of disclosure to the plaintiff home buyer where the buyer was represented by her own realtor and had engaged a home inspection company to inspect prospective residential real property before her purchase. 

Product Liability

  • Summary Judgment - product liability 
    Plaintiff had his dominant arm amputated in the unguarded hopper of an industrial-sized ravioli producing machine. 

Construction

  • Summary Judgment - construction defect  
    Plaintiff slipped and fell on black ice in the lower level of a parking garage.  She claimed that water leaked from the upper/outside level.  She sued all of the contractors who were involved with designing and constructing the garage, demanding $12 million. 

General Liability

  • Appellate Victory - premises liability 
    Argued and won case before NY’s highest appellate court.  Held that health club had no statutory duty to use an AED it was required to possess. Miglino v. Bally, 20 N.Y.3d 342.
  • Defense Verdict - negligent security 
    Plaintiff had $1,200,000 in jewelry stolen from its store and claimed that the client negligently designed and installed the alarm system.
  • Directed Verdict - premises liability 
    Plaintiff fell and sustained substantial injuries to her face and knees when attempting to mount a moving treadmill.  Plaintiff claimed that she could not see the moving belt due to sun glare and that the client’s employees failed to turn the machine off before she arrived.  The Judge held that plaintiff assumed the risk of injury because she claimed to have had a nearly identical fall at the club just two weeks prior. 
  • Defense Verdict - lead paint  
    Infant plaintiff claimed brain damage resulting from lead poisoning at the client’s premises.

Publications

  • “Long Term Care Liability- Analysis and Defense,” New York Law Journal (June 2016)
  • “Legal Malpractice- Analysis & Defense,” New York Law Journal (October 2015)
  • “A Review of Tree-Related Hazard Liability,” New York Law Journal (May 2014)
  • “Considerations for How to Navigate Risk Management as a Fitness Facility Operator,” Club Industry Magazine (October 2013)
  • “Emotional Distress and the ‘Zone of Danger’ Rule,” New York Law Journal (September 2013)
  • “Emergency Response; How Broad is the Duty to Aid Business Invitees?” CLM Litigation Management Magazine (April 2013)
  • “Common Theories of Recovery in Dental Malpractice Claims,” New York Law Journal (September 2012)

Speaking Engagements

  • “Dental Misconduct & Malpractice,” Medical Professional Liability (MPL) Insurance ExecuSummit, September 19, 2017
  • “Dental Misconduct & Malpractice: Avoidance & Defense,” Columbia Dental School, January 2014
  • “Dental Misconduct & Malpractice: Avoidance & Defense,” New York University Dental School, May 2014
  • “NY Construction Sites: Accidents & Litigation,” New York Insurance Association, May 2013
  • “Risk Management for the Health & Fitness Industry,” International Health Racquet & Sportsclub Association, March 2013
  • “Emergency Response: Litigation, Avoidance & Defense,” International Health Racquet & Sports Club Association, March 2012

Memberships

  • Association of Defense Trial Attorneys (ADTA)
  • Professional Liability Underwriting Society (PLUS)
  • Claims & Litigation Management Alliance (CLM)
  • Defense Association of New York (DANY)
  • Defense Research Institute (DRI)
  • New York State Bar Association (NYSBA)
  • Professional Liability Defense Federation (PLDF)
  • Trucking Industry Defense Association (TIDA)
  • International Association of Defense Counsel (IADC)

Honors & Awards

  • “Super Lawyer - Professional Liability,” NY Metro Super Lawyers Magazine (2013-2016)
  • Martindale-Hubbell AV Preeminent

AV rated by Martindale Hubble

New York, NY Office

120 Broadway
Suite 1010
New York, NY 10271
View Full Office Details

Areas of Practice

Bar Admissions

  • New York
  • Massachusetts
  • District of Columbia

Degrees

  • B.A. — SUNY Oswego
  • J.D. — New England Law

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