George N. Stewart
Member
General Commercial, Construction, and Tort Litigation: Construction defect and project disputes, business torts and contractual dispute litigation, and construction site accident litigation with representation of contractors involved in industrial, commercial and residential construction projects.
Transportation and Trucking Litigation: Representation of motor carriers, transit and bus companies, and equipment operators in catastrophic injury and wrongful death litigation, as well as 24 hour emergency accident response coordination.
Representation of institutional clients including non-profits, for-profit companies, and licensed professionals in errors and omissions, malpractice, premises liability suits, and in regard to claims of neglect or abuse.
Mr. Stewart is active with a number of philanthropic groups and non-profit organizations including past service on the Board of Directors for the YMCA of Greensburg and as chair of Strong Kids Campaign for two years. Additionally, Mr. Stewart participated in the 2014 construction campaign for Westmoreland Museum of American Art and served on the Board of Trustees of the Clan Donald Educational and Charitable Trust. He is also an ardent supporter of Steel City Quash, an urban squash and educational youth mentoring non-profit, whose new facility opened in 2024.
Consistent with and in furtherance of his Scottish heritage, Mr. Stewart is a past member of the Seton Hill University Bagpipe Band, competing for many years at highland games competitions throughout the east coast. The band performed at the 250th year commemoration/dedication for the Battle of Bushy Run in 2013, and with Gaelic Storm (the below-deck band in the movie “Titanic”) at the Palace Theatre in 2014, and for the Wounded Warriors parade in Westmoreland County.
Mr. Stewart enjoys tennis and squash and served as high school men’s and lady’s tennis coach for Greensburg Salem School District for many years. With regard to Squash Doubles, he and his partner in February, 2025 successfully defended their 2024 PGC Open Age Squash Doubles Championship and earlier in 2025 reclaimed the Henry McConnell Ingram Squash Doubles title which they had previously won in 2019 and 2023. They completed the sweep of all three doubles tournaments by winning the Pittsburgh City Championship in March 2025. Additionally, earlier in January 2025, Mr. Stewart partnered with Justin Todd of Vancouver, Canada, (ranked No. 50 in World’s Doubles Rankings) to claim the 2025 SDA Pro-Am Tournament, defeating teams with professional members ranked numbers 40 and 32. George and his partner survived being down 5 match points in the finals in order to win the championship. In regard to tennis, Mr. Stewart was a member of the Mt. Lebanon 65+ 8.0 men’s doubles team that won the Allegheny Mountain District and then Middle State Section titles with the latter held in Wilmington, Delaware in September 2023 involving district winners from Maryland, Philadelphia, Delaware and Harrisburg to qualify for the Nationals Invitational USTA Tournament conducted in February 2024 in Surprise, Arizona. Mr. Stewart and his teammates, after six matches against section winners from across the United States, defeated the top two seeds in the semifinals and finals to win the national championship. Lastly, Mr. Stewart was recognized by Vitalent Central Blood Bank for his 100th platelet donation in 2019.
Education
Undergraduate:
The Pennsylvania State University, B.S. Mineral Economics with emphasis in Petroleum and Natural Gas Technology, 1980- Skull and Bones Senior Honorary Society
- Interfraternity Council President, 1979-80
- Phi Gamma Delta Fraternity President, 1978-1979
Law School:
Duquesne University School of Law, 1983- Law Review associate editor: published case note and comment for law review publication
Admissions
- Pennsylvania
- West Virginia
- United States District Court for the Western and Eastern Districts of Pennsylvania
- United States District Courts for the Northern and Southern Districts of West Virginia
Memberships
- Federal Bar Association
- Western and Eastern Districts of Pennsylvania
- Northern and Southern District Courts for West Virginia
- Pennsylvania and West Virginia State Bars, and Bar Associations
- Westmoreland County Bar Association, and Academy of Trial Lawyers
- Trucking Industry Defense Association (TIDA),
In 2024, Mr. Stewart was once again recognized as a Pennsylvania Super Lawyer by the peer review publication in the area of civil litigation defense practice area. This is Mr. Stewart’s 16th consecutive year receiving this recognition. He was also a Fellow of the Litigation Counsel of American by invitation. Mr. Stewart has also been recognized by Best Lawyers in America in the practice areas of Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants, for many years through 2024 most recently.
A frequent presenter to various insurance and defense groups over the past 3 decades, including Pennsylvania Association of Mutual Insurance Companies (PAMIC), and has also presented in the last 10 years on various occasions for a group seminar to the London Insurance Market.
Significant Matters
- Handled a multi-week FINRA defamation/tortious interference trial which involved a claim for multi-million compensatory and punitive damages, and also a claim by the adversary for award of attorneys fees and costs exceeding $400,000 as a prevailing party. After conclusion of proceeding, award was in the amount of $1000, against one defendant, complete defense verdict for other named defendant, and no award of the sought attorneys fees and costs.
- Tried an admitted liability trucking matter for interstate haz mat hauler in Cleveland , Ohio. Injury involved hangman’s fracture with permanent partial paralysis for plaintiff who had been ejected from vehicle as a result of impact and roll-over. Verdict for less than $300,000 was nearly $500,000 less than offered by carrier in response to 7 figure pre-trial demand.
- Premises liability defense verdict in Westmoreland County Court of Common Pleas for non-profit premises operator. Suit involved allegations of failure inspect and negligent facility maintenance. The plaintiff had undergone multiple surgeries as a result of the incident and the worker’s compensation client exceeded $150,000.
- Secured a defense verdict in a trucking accident matter for an owner operator in Armstrong County. Plaintiff’s past and projected future medical bills approached $300,000 and the wage loss claim exceeded $700,000. The jury assessed 51% comparative negligence to plaintiff, resultant in a finding of contributory negligence precluding any further recovery.
- Mr. Stewart was brought in as defense counsel less than two months before a wrongful death trial in Wheeling, West Virginia, Ohio County Circuit Court, to represent a general contractor. The case involved the electrocution of a 14 year old girl, that was witnessed by her parents and grandmother, and which incident was recorded in part on a bystander’s video camera. The plaintiff’s estate had taken a default judgment against the subcontractor electrician who was out of business and uninsured, and reached joint tortfeasor settlements with the remaining defendants. After a two week trial, the jury rendered a defense verdict. Since that matter, Mr. Stewart has been retained on numerous occasions to take over or assist in the defense of catastrophic injury or death matters shortly before trial.
- Secured summary judgment in May, 2021 in an action in Clearfield County, where plaintiff asserted that she had been sexually assaulted by an instructor in a CDL training program. Stewart was substantially assisted by ZK Shareholder, Kerri Shimborske-Abel in the successful efforts to obtain summary judgment as well as a spoliation order.
- Secured dismissal of a wrongful death action involving allegations of malpractice brought against various physicians and pharmacies in a suit where the decedent was asserted to have died as a result of combined drug poisoning/overdose including as to opioids. Zimmer Kunz represented one of the pharmacy defendants. The initial dismissal obtained via Preliminary Objections in the Court of Common Pleas of Beaver County was affirmed by the Pennsylvania Superior Court in March 2021. Stewart was substantially assisted by fellow ZK Shareholder, Sharon Hall.
- Secured dismissal by way of summary judgment of a dog bite action brought against owners of rental property in the Court of Common Pleas of Westmoreland County in March, 2021. ZK Shareholder, Kerri Shimborske-Abel assisted in these dispositive motion efforts.
- Secured dismissal in the United States District Court, Western District of Pennsylvania pursuant to a Motion to Dismiss in a matter involving an asserted sexual assault of a minor by a bus driver. Zimmer Kunz represented a private educational institution where the student was enrolled. The Zimmer Kunz Motion to Dismiss was premised upon a lack of duty argument which also addressed an asserted breach of contract claim based upon the school parent handbook. ZK Shareholder, Joseph Butcher provided lead efforts which resulted in the grant of the Motion to Dismiss in 2021.
- Secured dismissal of a premises liability action involving head injuries sustained by a business invitee where injuries were asserted to have resulted from various basement stairwell deficiencies including lack of handrail. Summary judgment entered in January, 2021 by the Court of Common Pleas of Westmoreland County with a finding that plaintiff failed to meet plaintiff’s causation burden of proof. Stewart was substantially assisted by ZK Shareholder, Kerri Shimborske-Abel in this litigation.
- Secured a dismissal of both Federal and State Court actions arising out of a multiple fatality and injury school bus and trucking accident on behalf of a Canadian trucking service provider on the basis of lack of personal jurisdiction. Mr. Stewart was substantially assisted by ZK Director, Zach Evans, in this matter.
- Secured dismissal of a joinder complaint on behalf of a subcontractor in a toxic tort/mold personal injury action that was based upon a claim of contractual indemnity. Dismissal entered in the Court of Common Pleas of Westmoreland County.
- In 2024, secured Order of Court for the dismissal of a real estate company in litigation involving a logging accident with lower extremity amputation in Blair County, Pennsylvania. Stewart was substantially assisted by ZK Director, Adam Auchey.
- In 2023, secured grant of summary judgment for a non-profit facility owner/operator in a multi-defendant suit filed in Elk County where Plaintiffs claimed damages to their property alleged to have been resultant from the construction activities and/or lack of subsequent maintenance to prevent stormwater and sediment runoff by various commercial properties.