.

Brittany E. Bakshi

Portrait of Brittany E. Bakshi

Brittany has developed valuable litigation experience in several defense practice areas including personal injury, automobile liability, premises liability, property damage and products liability as a member of the Casualty Department. Through her practice, Brittany has represented a variety of clients, including contractors, non-profit organizations, corporations, small businesses and individuals.

Within her diverse practice, Brittany has taken cases to trial, arbitration, and magistrate court and obtained favorable results at all levels. Moreover, she has resolved numerous cases through effective settlement negotiations and mediation. Brittany has represented clients in both state and federal courts.

Brittany earned her juris doctor in 2011 from The University of Pittsburgh School of Law. Brittany attended Franklin & Marshall College where she received her Bachelor of Arts degree in Psychology in 2008.

    • University of Pittsburgh School of Law (J.D., 2011)
    • Franklin & Marshall College (B.A., 2008)
    • Pennsylvania, 2011
    • U.S. District Court Western District of Pennsylvania, 2011
    • U.S. District Court Middle District of Pennsylvania, 2015
    • Obtained a defense verdict following a trial in a matter where the plaintiff sustained personal injuries following a slip and fall on snow and ice.
    • Successfully obtained dismissal of clients from premises liability and personal injury lawsuits after the Court's favorable rulings on Motions for Summary Judgment.
    • Obtained a client's dismissal in a matter following the Court's entry of a favorable ruling on Preliminary Objections to the Plaintiff's Complaint.
    • Defense verdicts at the arbitration and magistrate levels in personal injury, property damage and premises liability matters.
    • The Best Lawyers in America©, Personal Injury Litigation - Defendants (2026)
    • The Best Lawyers: Ones to Watch©, Personal Injury Litigation - Defendants (2024-2025)
    • Pennsylvania Super Lawyers Rising Star (2019-2026)
    • Dauphin County Bar Association
    • Pennsylvania Bar Association
    • Pennsylvania State Bar    

Results

Summary Judgment Obtained in a Pennsylvania Trip-and-Fall Case

We obtained summary judgment for residential renters in a trip-and-fall case. The plaintiff tripped and fell on a set of porch steps at our clients’ home while attending a barbeque, breaking her ankle. She brought claims against the homeowner. The homeowner then joined our clients, asserting claims of negligence and contractual indemnity under the lease agreement. During her deposition, the plaintiff testified that she was familiar with the poor condition of the steps, had spoken with the renters about the steps prior to her fall, and witnessed two people, an adult and a child, trip on the steps during the same barbeque event. The homeowner also testified at his deposition that it was his responsibility to repair and maintain the subject stairs. We argued that our clients were not required to indemnify the homeowners under the Perri-Ruzzi rule, and that they owed no duty to the plaintiff, a licensee, as she knew of the condition of the steps and the risks involved in using them. The court agreed and dismissed all claims against the clients.

Summary Judgment Secured in Slip and Fall Case

We obtained summary judgment on behalf of a university in a slip and fall case. The plaintiff, a university student, slipped and fell during an active winter storm as she was walking from one campus building to another. Discovery showed that the plaintiff received an emergency alert from the university warning of potentially icy conditions prior to exiting the building and that freezing rain was still falling as the plaintiff was walking. We argued, and the court agreed, that the university owed no duty to the plaintiff to protect against general slippery conditions or to pretreat sidewalks prior to, during or immediately after the storm.

Thought Leadership

Case Law Alerts

Pennsylvania Trial Court Holds Plaintiff’s Amended Complaint in Motor Vehicle Injury Case Met Specificity Requirements Under Pa. R.C.P. 1028(a)(3)

October 1, 2025

The plaintiff alleged in their amended complaint that they suffered “other injuries, the extent of which is not yet known.” The defendant raised a specificity objection pursuant to Pa. R.C.P 1028(a)(3). Upon reviewing the record, the Pennsylvania Rules of Civil Procedure and citing substantive state case law, the Washington County Court of Common Pleas noted that in order to determine whether an allegation in a pleading contains the appropriate level of specificity, it looks not only to that specific allegation, but also that allegation in the context of other allegations in the complaint.  Here, after considering all of the allegations of the amended complaint, the court held that the plaintiff sufficiently complied with the pleading rules. More specifically, the court pointed out that the plaintiff had specifically detailed at least 13 allegations of negligence, identified specific injuries to identified body parts, and detailed subjective symptoms along with objective signs of those injuries. Further, the court held that the plaintiff was not required to plead evidentiary facts. In support of this holding, it highlighted that physical injuries, medical expenses and lost wages may be plead generally.  Lastly, the court addressed the defendant’s argument that he should not be put in the position of learning of a new injury claim at trial. The court dismissed this argument by pointing out that discovery and pre-trial statement requirements will protect defendants from being ambushed by new injury claims at trial.  The court overruled the defendant’s preliminary objection that the plaintiff’s amended complaint lacked the requisite level of specificity under the Pennsylvania Rules of Civil Procedure.    Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Case Law Alerts

Luzerne County Court Denies Amendment to Add Punitive Damages for Post-Incident Conduct in Dog-Bite Case

October 1, 2025

The plaintiff sought the amend her complaint to add a claim of negligence per se, to add a theory of joint and several liability against both defendants and, most notably, to include a claim for punitive damages for post-incident conduct by the defendants relative to the dog-bite incident.  The Luzerne County Court of Common Pleas denied the plaintiff’s motion for leave to amend the complaint, holding that punitive damages are not available for tortfeasor’s post-incident conduct. In support of this holding, it cited to substantive state case law, which held that a fact-finder may impose punitive damages for torts, as opposed to any post-incident conduct, and that one must look to the act itself together with all circumstances, including the motives of the wrongdoers and the relationships between the parties when imposing punitive damages.     Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.