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Adam M. Barnes

Shareholder

AMBarnes@mdwcg.com

Portrait of Adam M. Barnes

Adam is a Shareholder in the Casualty Department and, for over 25 years, has concentrated his practice in the defense of companies and individuals in a wide range of general liability civil litigation matters. He routinely defends clients against claims of bodily injuries and property damage involving premises and retail liability, construction injury, property subrogation, automobile liability, trucking and transportation liability, uninsured and underinsured motorist claims, hospitality & liquor liability, and product liability.

Adam has litigated cases throughout Pennsylvania as well as West Virginia and eastern Ohio; tried matters in both state and federal courts; and handled appeals before appellate courts in all three states.

Adam has over 20 years' experience providing counsel and defense of coverage issues involving commercial general liability, auto liability, umbrella/excess liability, and property policies, as well as homeowners and personal auto liability policies.

Adam has defended private businesses against employment law matters involving claims made under Title VII, Age Discrimination in Employment Act, and Americans with Disabilities Act at the administrative level before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, as well as in Pennsylvania state and federal courts.

Adam has been recognized as a Pennsylvania Super Lawyer since 2019. He has authored materials and presented for the Pennsylvania Bar Institute on a range of topics. He has authored materials and presented at seminars for general liability claim professionals on general liability claims, uninsured/underinsured motorist claims, risk transfer, and insurance coverage issues.

Adam graduated from Indiana University – Bloomington in 1993 (cum laude and Phi Beta Kappa) and earned his law degree from Indiana University School of Law – Bloomington in 1999.

    • Indiana University Maurer School of Law (J.D., 1999)
    • Indiana University-Bloomington (B.A., cum laude, 1993)
    • Pennsylvania, 1999
    • U.S. District Court Western District of Pennsylvania, 1999
    • U.S. District Court Eastern District of Pennsylvania, 2006
    • U.S. District Court Middle District of Pennsylvania, 2010
    • U.S. Court of Appeals 3rd Circuit, 2001
    • West Virginia, 2001
    • U.S. District Court Southern District of West Virginia, 2001
    • U.S. District Court Northern District of West Virginia, 2002
    • U.S. Court of Appeals 4th Circuit, 2004
    • Ohio, 2006
    • U.S. District Court Northern District of Ohio, 2012
    • Supreme Court of the United States, 2005
    • Successfully obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania on behalf of an insurer, with the court ruling that there was no duty to defend or indemnify a security company in lawsuits arising from violent attacks at a Philadelphia bar. The court held that claims styled as negligence were barred by a broad assault and battery exclusion, which capped coverage at $250,000—a limit already exhausted—thereby precluding any additional coverage. The Cincinnati Specialty Underwriters Ins. Co. v. Mainline Private Security, LLC, 2025 WL 3644242 (E.D.Pa. 2025).
    • Successfully defended a construction contractor client in a Westmoreland County, Pennsylvania action seeking compensatory damages for alleged flood-related property damage arising from an improperly constructed sewage separation line. Obtained dismissal of the claims through Preliminary Objections based on the expiration of the applicable two-year statute of limitations. On appeal, the plaintiff argued the complaint supported a theory of continuous trespass; however, the Commonwealth Court affirmed the trial court’s decision, finding the action was untimely and that no continuous trespass claim had been pled. Milan Stefanik Slovak Library and Literary Society a/k/a Milan Stefanik Slovak Society v. Borough of East Vandergrift, et al., 2025 WL 3527288 (Pa. Commwlth. Ct. 2025).
    • Obtained a summary judgment on a first-party commercial property claim where the insured sought coverage for alleged property damage to its warehouse resulting from lessee's failure to clean it as the claim did not involve “accidental physical loss” and furthermore, the alleged damage fell within scope of policy's pollutants exclusion. Vale Vista Associates LP v. Cincinnati Casualty Co., 442 F.Supp.3d 896 (W.D.Pa. 2020) 
    • Obtained a summary judgment regarding the interpretation of an arbitration provision in a commercial auto policy with respect to a claim for underinsured motorist benefits. Rea v. Cincinnati Insurance Co., 2014 WL 4198059 (W.D.Pa. 2014) 
    • Affirming the granting of summary judgment based on enforcement of the statute of limitations to a claim for damage to residential property. Roberts v. West Virginia American Water Co., 655 S.E.2d 119 (W.Va. 2007) 
    • Affirming the granting of summary judgment based on the enforcement of professional liability exclusions contained in the businessowners package policy and personal liability policy in response to attempt to obtain coverage by the insured-attorney for a malicious prosecution claim related to the insured’s filing of a counterclaim based on Rule 11 of the West Virginia Rules of Civil Procedure on behalf of a client against the Estate prosecuting a medical negligence / wrongful death lawsuit. Boggs v. Camden-Clark Memorial Hospital Corp., 693 S.E.2d 53 (W.Va. 2010) 
    • Affirming the granting of summary judgment in favor of real estate agency and realtor arising out of the sale of residential property. Hinerman v. Rodriguez, 2013 WL 2157766 (W.Va. 2013) 
    • Affirming the granting of summary judgment in favor of real estate agency and realtor arising out of the sale of residential property in response to a subsequently added claim after the original claim was dismissed by summary judgment and upheld on appeal. Hinerman v. Rodriguez, 2015 WL 3672260 (W.Va. 2015) 
    • Affirming of summary judgment in favor of paving contractor arising out of claim of residential property damage attributed to roadway paving operations as plaintiffs failed to present competent evidence to create a genuine issue of material fact linking to contractor’s operations to the alleged damage. Grant v. Kelly Paving, Inc., 2018 WL 6015816 (W.Va. 2018) 
    • Affirming the granting of summary judgment for commercial general liability insurer against claim for defense and coverage by policyholder in response to third-party liability claim associated with the development of commercial retail plaza in southern West Virginia on the grounds the claim was excluded by the contractual liability exclusion as interpreted under Tennessee law. J.A. Street & Associates, Inc. v. BITCO General Insurance Corp., 2019 WL 1949710 (W.Va. 2019)
    • Affirming the granting of summary judgment in favor of construction contractor that deposited road construction spoil onto a private residential property at the then-owner’s request, per the then-owner’s specifications; the fill area later slipped, and the current owner sued alleging a breach of the duty of care. The appellate court affirmed that the construction contractor did not assume a duty of care to subsequent purchasers. Grisell v. Shelly & Sands, 2023 WL 7299892 (W.Va. 2023) 
    • Affirming the granting of summary judgment in favor of commercial property insurer on the grounds that the insured failed to present competent evidence to create a genuine issue of material fact that the loss event was due to direct physical loss to a transformer, which was necessary to establish coverage for the claim. Hickory Groves 339, LLC v. Cincinnati Insurance Co., 2016 WL 3261018 (Ohio.Ct.App., 4th District 2016)
    • Pennsylvania Super Lawyers (2019-2025)
    • Allegheny County Bar Association
    • Defense Trial Counsel of West Virginia
    • Ohio Bar Association
    • Pennsylvania Defense Institute
    • West Virginia Bar Association

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Firm Highlights

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.

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.

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Result

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey

Thought Leadership

Vendor Cyber Attack Compromises PII of More Than 3 Million Hunting and Fishing License Holders in Texas

The Texas Parks & Wildlife Department (TPWD) announced earlier this month that one of its vendors which handles the sale of state hunting and fishing licenses was the victim of a cybersecurity attack. The threat actor appears to have exfiltrated personal driver’s license information, passport numbers, email addresses, phone numbers and addresses of over 3 million hunting and fishing license holders.  The State Parks Department advised that the attack did not compromise social security numbers, dates of birth or financial information. Texas Cyber Command, the state’s new cybersecurity authority formed to protect critical infrastructure and coordinate threat responses across state and local government, reportedly assisted in detecting and containing the attack. TPWD has already set up free credit monitoring for those impacted through Kroll.  According to press reports, no specific group has yet been identified as the perpetrator of the theft. TPWD also advised that business has not been interrupted and license sales were continuing. This incident once again demonstrates that cybersecurity is only as strong as the weakest link in the supply chain. Businesses must prioritize security across their own environments and those of their vendors and contractors as well.

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.