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As an associate attorney in the firm’s Casualty Department, Adam concentrates his practice on general liability litigation and also includes automobile liability, trucking & transportation, construction injury, rideshare liability and product liability. He defends corporations, organizations, and their employees in contract and tort matters, including workplace and construction accidents, motor vehicle claims, and wrongful death actions.

Adam earned his J.D., magna cum laude, from Cleveland State University College of Law, where he served as Executive Editor of the Cleveland State Law Review and participated in the Entrepreneurial Law Organization and the Entertainment and Sports Law Association. He also gained probate experience through an internship at a boutique firm, drafting wills, trusts, and memoranda on a range of estate-related issues.

Before law school, Adam completed his Bachelor of Arts in political science, with a minor in philosophy, at The Ohio State University. During his undergraduate years, he contributed to the Do Good Be Great Organization, helping raise funds for cancer research.

Adam first joined Marshall Dennehey in February 2024 as a law clerk in the Cleveland office, later advancing into the firm’s summer law clerk program before transitioning to his current associate role. In addition to his professional work, Adam is actively involved in community service across Ohio, volunteering with the Center of Hope Food Pantry, Eastwoods Elementary School as a classroom assistant, and the Akron-Canton Regional Foodbank.

    • Cleveland State University College of Law (J.D., magna cum laude, 2025)
    • The Ohio State University (B.A., 2022)
    • Ohio, 2025

Thought Leadership

Case Law Alerts

Linking Riders, Not Liability: Limits on Duty for Rideshare Platforms

April 1, 2026

In Cooper, the Second District Court of Appeals addressed whether a transportation network company (TNC) owes a duty of care to a driver harmed while using its platform. The plaintiff argued that a TNC owes a duty to its drivers based on its control over the rideshare platform, its safety policies, and its role in matching drivers with riders. The court, however, analyzed duty through traditional Ohio negligence principles governing entities that engage independent contractors, emphasizing that a hiring entity is generally not liable for injuries arising from the contractor’s work absent specific exceptions. Central to the court’s reasoning was the “active participation” doctrine, which limits when a company who hires an independent contractor assumes a duty of care. Under Ohio law, active participation requires more than general oversight, arising only when the hiring entity directs the injury-causing activity, gives or denies permission for the critical act, or retains control over a key variable in the work. Applying this framework, the court rejected the argument that Lyft’s operation of its platform—such as allowing users to create accounts or assigning ride requests—constituted active participation. The court also clarified that a TNC’s general safety measures, policies, and monitoring capabilities do not, standing alone, create a duty. Consistent with longstanding precedent, retaining authority to enforce safety standards or coordinate activity does not rise to active participation. The decision is particularly relevant because it suggests that platform-based controls—such as algorithmic dispatch, account verification, or general safety rules—are analogous to supervisory functions traditionally insufficient to impose a duty on a company hiring independent contractors. Thus, even where a TNC has superior knowledge or implements safety-related systems, those features must be tied directly to the injury-producing act to establish duty. Finally, Cooper reinforces the importance of the independent-contractor relationship in limiting negligence liability for TNCs. By treating drivers as independent contractors, it restricts when a hiring entity owes a duty for injuries arising from the contractor’s work. The ruling signals that, absent evidence of control over the specific conduct causing harm, courts are unlikely to expand duty based solely on a TNC’s platform design or contractual safety commitments. For negligence claims against TNCs, generally, Cooper underscores that liability will turn not on the existence of platform-level control in the abstract, but on whether the company meaningfully controlled—or actively participated in—the precise risk that resulted in the plaintiff’s injury.

Case Law Alerts

From Wedding Celebration to Courtroom Litigation: The Eighth District Examines Pleading Requirements for Food-Based Negligence Claims

January 1, 2026

On the eve of her wedding day, Tiffany Fauvel visited the defendant sushi restaurant, Pacific East, with her soon-to-be husband, Alexander Cohen. While dining there, Fauvel was injured after ingesting several one-inch-long bones contained in the sushi she purchased. Fauvel and Cohen subsequently brought suit against the restaurant, alleging negligence and loss of consortium. The trial court initially stayed discovery pending the Ohio Supreme Court’s decision in Berkheimer v. REKM L.L.C., 2024-Ohio-2787, recognizing that Berkheimer would establish the applicable standard of care for Fauvel’s food-based negligence claim. After Berkheimer was released, Pacific East moved for judgment on the pleadings, which the trial court granted; the plaintiffs appealed. In Berkheimer, the Ohio Supreme Court clarified that, when confronted with food-based negligence claims, courts must apply a blended analysis incorporating both the “reasonable expectation test” and the “foreign-natural test” to determine whether a supplier breached its duty of care. Under this blended framework, a court must assess: (1) whether a reasonable consumer would expect to encounter and, thus, would guard against the injurious substance; and (2) whether the injurious substance found in the food was foreign to or natural to the food. Upon review, the Eighth District Court of Appeals held that the trial court erred by granting Pacific East’s judgment on the pleadings because the complaint and answer did not contain sufficient factual detail to conduct the blended analysis contemplated in Berkheimer. The court explained that Berkheimer requires consideration of case-specific evidence, such as the type of food consumed, the preparation methods and how the substance relates to a consumer’s reasonable expectations, before determining whether a supplier breached its duty. Because the complaint and answer in Fauvel lacked that key factual context, a proper blended inquiry could not be performed, and it was inappropriate to resolve the case by judgment on the pleadings. Accordingly, the Eighth District reversed and remanded the case for further proceedings consistent with Berkheimer. In so holding, the Eighth District emphasized that, in light of Berkheimer’s fact sensitive inquiry, food-based negligence is not an issue that is typically appropriate for judgment on the pleadings. However, the Eighth District also noted that nearly every Ohio case that applied the rules from Berkheimer in favor of the defendant resolved in summary judgment. Thus, Fauvel highlights that, while early dismissal is rarely available in food-based negligence cases, defendants now have a clear, fact-specific framework to guide defense strategy and challenge claims at later stages.

Firm Highlights

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.

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.