Wendy R.S. O'Connor

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    Wendy R.S. O’Connor, an attorney with 25+ years experience in the defense litigation arena, has practiced in a variety of areas during the course of career, beginning with environmental insurance coverage and pharmaceutical products liability defense. After taking off time to raise her four daughters, one of whom is intellectually disabled, Wendy returned to the practice of law in the area of business litigation for five years before finding her “forever home” at Marshall Dennehey, where she focuses her practice in general casualty defense, retail premises liability and veterinary liability defense.

    Representing local, regional, and national clients in trial and at the appellate level, Wendy has honed her written and oral advocacy over a lifetime of practice in the state and federal courts of Southeastern Pennsylvania and New Jersey. Wendy is a prolific writer and presenter on litigation trends and has drafted scholarly articles on topics as diverse as the Peer Review Act and motorist cell phone usage as a basis for punitive damages claims. Wendy frequently writes about the practice of law from an interpersonal perspective and has authored articles focusing on client relations, collegiality in the profession, and the importance of mentorship.

    Wendy views her role as defense counsel as both providing a sound, compelling defense as well as shepherding her clients through what can be a stressful and frightening experience. As a former parenting educator, Wendy attended an intensive, fifty-hour course for facilitators that concentrated on communication and has found this training to be an invaluable asset in her legal practice. From a philosophical standpoint, Wendy attributes her success to exhaustive preparation, humility, a hard-won thick skin, and her grandmother’s string of pearls.

    A voracious reader, Wendy also enjoys writing about non-legal issues and has authored over one hundred essays on current events, society, and culture. In 2002, Wendy wrote a story for her oldest daughter featuring a family not unlike her own; in the years since, she has penned twenty more such tales which, in addition to her annual scrapbooks, have attained the level of family heirlooms. Wendy loves to garden, her Newfoundland dog, Hattie; and kayaking with her husband of 34 years, Michael, a family medicine physician. 
     

    Significant Representative Matters

    Obtained a defense verdict at jury trial on behalf of an arts and crafts supply store with respect to its sale of a candle which was left burning unattended and burned down Plaintiff’s home, successfully defending against claims of product defect where candle manufacturer had obtained a joint tort release prior to trial.

    Obtained a verdict in subrogation action at jury trial on behalf of a commercial trucking company with respect to a tanker truck explosion which occurred during the loading of lubricating oil.

    Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation of trial court’s order granting summary judgment in favor of sellers accused of failure to disclose defects of residential property.

    Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation by Commonwealth Court of Pennsylvania of trial court’s dismissal of settlement agreement in action by members of duck hunting club where agreement was found to be ambiguous. 

    Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation by Superior Court of trial court’s order granting summary judgment in favor of land development company against former partner demanding share of profits.

    Obtained defense award on behalf of home oil heating contractor in case involving allegations of failure to timely deliver fuel oil, resulting in cracked pipes and water leakage.

    Obtained defense award on behalf of restaurant/bar in case where plaintiff, who began an altercation with an ex-boyfriend, claimed to have been assaulted by bartender/employee.

    Obtained defense award on behalf of cinema in case where plaintiff claimed to have sustained injury to knee after sitting on allegedly defective movie seat.

    Obtained defense verdict on behalf of dentist in case where plaintiff claimed to have suffered damage as the result of alleged negligent performance of root canal procedure.

    Obtained defense verdict on behalf of veterinarian and animal hospital where plaintiff claimed that dog with bradycephalic airway disease died while in hospital’s care.

    Obtained defense verdict in favor of fast-food restaurant in case where Plaintiff claimed to have chipped a tooth due to presence of a pebble in hamburger.

    Obtained judgment of non pros due to plaintiff’s failure to prosecute action against attorney sued in malpractice.

    Obtained summary judgment in a premises liability case where the Plaintiff claimed her mobility scooter tipped over after encountering a pothole in a city street which, she claimed, was caused by our client’s installation of an ADA-accessible ramp on the adjoining sidewalk. Judgment was sought and granted based upon the lack of evidence to show that any act or omission on the part of our client caused or contributed to the formation of the pothole.

    Obtained summary judgment in favor of janitorial service in slip and fall case against retail bookseller.

    Obtained summary judgment on behalf of retail grocery store where plaintiff slipped on vendor’s delivery tray, which was sitting on floor, while reaching for loaf of bread on shelf.

    Obtained summary judgment on behalf of an out-of-possession landlord where door-dash driver slipped and fell on ice while delivering food to tenant.

    Obtained dismissal of retail grocer in case where plaintiff claimed to have been injured while walking in store parking lot. 

    Obtained summary judgment on behalf of boxing gym where visiting coach fell from boxing ring.

    Obtained summary judgment on behalf of entity accused of defamation against candidate for public office by means of alleged internet postings concerning candidate’s alleged conduct.

    Obtained summary judgment on behalf of landowner in case where plaintiff claimed to have tripped over sidewalk displaced by tree roots.

    Classes/Seminars Taught

    Hills and Ridges:  Defending the Snow and Ice Slip and Fall Case in Pennsylvania, Marshall Dennehey Client Presentation, 2019

    Limited Tort v. Full Tort/Verbal Threshold v. Zero Threshold – Which Option Applies? Marshall Dennehey Client Presentation, 2018

    A Primer on Legal Malpractice Claims in Pennsylvania, Marshall Dennehey Client Presentation, 2017

    Blitz on Damages:  Reducing the Plaintiff's Economic Damages Claim, Marshall Dennehey Client Presentation, 2016 

    The Whittling Away of Protection Afforded Under the Pennsylvania Peer Review Protection Act, Health Care and Health Law Seminar, Marshall Dennehey, November 5, 2015

    Documenting Your Care: Good for You; Good for Your Patient, Pocono Medical Center Nursing Staff, October 2015

    Informed Consent After Brady v. Urbas – Taking Another Look, Bar Association of Lehigh County, September 23, 2015

    Mock Deposition of a Nurse, Pocono Medical Center Nursing Staff, May 2015

    Beyond Barrick v. Holy Spirit: Guidelines for Expert Witness Communications, Northampton County Bar Association, March 2015

    Anatomy of a Lawsuit and the Impact of the Internet, October 2014

    Grievance or Dispute Resolution Clauses, September 9, 2014

    Oh, What a Tangled Web We Weave: How the Internet Can Make or Break the Medical Professional Negligence Case, 63rd Annual Joint Meeting of the Lehigh County Bar Association and Lehigh County Medical Society, September 9, 2014

    EMR and Electronic Communications with Patients: When is it Okay to Hit Send?, Pocono Medical Center Grand Rounds, December 2013

    Litigation Issues Arising From the Use of Electronic Medical Records, Northampton County Medical Society, September 2013

    Federal Discovery Abuses: Was That Wrong?

    Getting Paid in a Recession Economy: Tips for the Small Business Owner

    Documenting the Job: A Guide to AIA Forms for the Construction Manager

    The Importance of Patient Communication, Sacred Heart Hospital Family Practice Residents, Winter 2012

    Nursing Care Best Practices, Moravian Village of Bethlehem, Spring 2011

    Recent Updates from Pennsylvania's Appellate Court: Civil Litigation, 2005

    Publications

    "The People v. COVID-19: Are You Ready For Some Litigation?" Defense Digest, Vol. 26, No. 1, Spring 2020

    "Cell Phone Usage and Motor Vehicle Litigation," The Pennsylvania Bar Association Quarterly, April 2020

    "Winning The ‘Safety Sweep-Stakes’: The Impact of Inspection Protocols on Retailer Slip-and-Fall Litigation", Counterpoint, newsletter of the Pennsylvania Defense Institute, January 2020

    "May I Finish? The Case Against Interrupting," ABA Journal, September 11, 2018

    "Avoiding Arbitration Panel Fatigue: Tips For Keeping Your Arbitrators' Full Attention," The Pennsylvania Lawyer, September/October 2018

    "Mentors Teach Young Lawyers How to Be Lawyers," The Legal Intelligencer, April 20, 2017

    "You Don't Have to be a Jerk: The Case for Civility in the Profession," Pennsylvania Bar Association, Civil Litigation Section, Civil Litigation Update, Winter/Spring 2017

    "Every Dog Has Its Day...In Court - Things to Keep in Mind When the Fur Starts to Fly," Network Magazine, Summer 2016

    "Does Your 'Bedside Manner' Need a Checkup?" The Pennsylvania Lawyer, July/August 2016

    "The Peer Review Protection Act ("PRPA"): Looking Back, Looking Ahead," The Pennsylvania Bar Association Quarterly, April 2016

    "Medical Professional Negligence – What’s In A Name? If You’re The Plaintiff, It Doesn’t Matter," Defense Digest, Vol. 20, No. 3, September 2014
    Pro Bono Activities

    Support for Child Advocates, Philadelphia, PA, 1990-1994

    Admissions
    Pennsylvania
    1989
    New Jersey
    1990
    U.S. District Court District of New Jersey
    1990
    U.S. District Court Eastern District of Pennsylvania
    1990
    U.S. District Court Middle District of Pennsylvania
    2008
    U.S. Court of Appeals 3rd Circuit
    1990
    U.S. Supreme Court
    2019
    Education
    Dickinson School of Law, Penn State University (J.D., 1989)
    Mount Holyoke College (A.B., magna cum laude, 1986)
    Associations & memberships
    American Veterinary Medical Law Association
    Lehigh County Bar Association
    Northampton County Bar Association
    Pennsylvania Bar Association
    Year joined
    2010