.

Christian A. Weimann

Portrait of Christian A.  Weimann

Christian is a member of the Casualty Department, primarily handling cases involving product liability, product warranty, motor vehicle liability, and toxic tort litigation.  Prior to joining the firm in 2016,  Christian was an associate attorney at a mid-sized law firm in Philadelphia where his practice focused on defending the interests of insureds and self-insured businesses in complex suits, including toxic tort cases, product liability cases, premises liability cases, and transportation and trucking cases.

Christian graduated from Loyola Marymount University in 2006 with a Bachelor of Arts degree in English.  Christian received his juris doctor in 2010 from Villanova University School of Law.  During law school, Christian clerked for the Los Angeles County District Attorney's Office where he primarily worked in the Victim Impact Program, addressing the needs of victims with unique vulnerability, including the elderly, children, and victims of hate crimes, sexual abuse, stalking, and domestic violence.  Christian was also a Staff Writer and Associate Editor of Student Works for the Villanova Environmental Law Journal, Inclusive Committee Representative for the Latin American Law Students Association, and a 2009 Public Interest Fellowship Program Summer Fellow.

    • Villanova University Charles Widger School of Law (J.D., 2010)
    • Loyola Marymount University (B.A., 2006)
    • New Jersey, 2011
    • Pennsylvania, 2012
    • New York, 2023
    • California, 2011
    • The Best Lawyers: Ones to Watch®, Mass Tort Litigation/Class Actions - Defendants (2021-2025)
    • The Best Lawyers: Ones to Watch©, Transportation Law (2024-2025)
    • “The Hills and Ridges Doctrine: A Property Owner’s Best Friend When Conditions Get Slippery,” Defense Digest, June 2021, Vol. 27, No. 3
    • "Potential Implications of Bristol-Myers Squibb Co. v. Superior Court and BNSF Ry. v. Tyrrell on Mass Tort Litigation In Pennsylvania," Defense Digest, Vol. 24, No. 1, March 2018
    • Obtained a defense verdict after a masked and socially distanced two day trial in Bucks County in favor of an automotive manufacturer. Approximately one year after purchasing a new vehicle, the plaintiff complained several times that the Start/Stop function shuts off and does not restart. The manufacturer identified the problem and was working on a solution. Meanwhile, the dealership told the plaintiff to turn off the Start/Stop function until a software update came out. The software update came out in early May of 2019, less than 80 days after the plaintiff’s first complaint. The plaintiff asserted claims under the Pennsylvania Automobile Lemon Law, Magnuson-Moss Warranty Act, Uniform Commercial Code, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law that the vehicle’s repair history was all related to an intermittent and still unrepaired Start/Stop issue with the car. The defense successfully proved through witness and expert testimony that the vehicle’s mechanical problems were fixed in a timely fashion. The repair work done by the dealership under the warranty was effective, and reliable, and the problem was permanently repaired. After trial, the judge requested each side provide a memorandum with findings of fact and closing arguments. Upon review of same, a ruling was issued in our client’s favor.
    • Obtained summary judgment in Delaware County, Pennsylvania for a slip and fall during an active snowstorm case.  Plaintiff alleged after finishing work, she fell in snow during an active snowstorm and was injured while walking in the parking lot toward her car.  Plaintiff's own admission, as well as cell phone video footage taken by a co-worker, confirmed that she fell during an active snowstorm.  Plaintiff went to work that day wearing snow boots because she knew the weather was supposed to turn bad later that day. Plaintiff admitted that some plowing had already been performed by the time she  left work.  The court found that the meteorological evidence, cell phone video footage taken by Plaintiff's co-worker, and Plaintiff's own admission all triggered the application of the "hills and ridges" doctrine to this case. Pursuant to this doctrine, the defendant did not have an absolute duty to clear the premises of ice and snow while the snowstorm was occurring.  Moreover, intervention through snow removal processes does not necessarily bar application of the hills and ridges doctrine.  Where a landowner takes steps during the course of a snow event, he does not divest himself of the protections afforded to him under the hills and ridges doctrine.

Results

Thought Leadership

Defense Digest

Tsunami or Business as Usual: What Does the New Motorcycle Lemon Law Hold for Pennsylvania?

June 1, 2025

Key Points:  Effective May 18, 2025, purchasers of new motorcycles in Pennsylvania may bring Lemon Law suits.  A nonconformity in a newly-purchased motorcycle must manifest “within a period of one year following the actual delivery of the motorcycle to the purchaser or during the term of the warranty, whichever may occur first.”  The applicable Lemon Law period for newly-purchased motorcycles in Pennsylvania will typically be one year. After multiple legislative attempts and years of effort, effective May 18, 2025, purchasers of new motorcycles in Pennsylvania may bring Lemon Law suits. Most recently reintroduced in the Pennsylvania State Senate by Republican State Senator Michele Brooks in January 2023, Pennsylvania’s Lemon Law now provides similar consumer protections to purchasers of new motorcycles in Pennsylvania as those afforded to purchasers of new cars. Receiving bipartisan support, the addition of motorcycles to Pennsylvania’s Lemon Law was signed into law by Governor Josh Shapiro in November 2024. Pennsylvania is far from the first state to allow buyers of new motorcycles to bring Lemon Law suits. Pennsylvania now joins Arizona, Hawaii, Kansas, Maine, Massachusetts, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, Wisconsin, and Wyoming as states that permit the filing of motorcycle Lemon Law suits. State Lemon Laws throughout the country, including Pennsylvania, are intended to supplement federal consumer protection remedies—such as the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act and the Uniform Commercial Code—and to provide stronger protections for consumers. Under these state laws, consumers are given an avenue in civil court to enforce warranties issued by manufacturers of new motor vehicles.  In Pennsylvania, manufacturers have a duty to “repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety” of a new motor vehicle purchased for personal, family, or household use. 73 Pa.C.S. § 1954(a). If there is a nonconformity in a new motor vehicle within the first 12 months or 12,000 miles of ownership, whichever comes first, and the manufacturer fails to repair the nonconformity after more than three repair attempts, or if the vehicle is out of service by reason of any nonconformity for a cumulative total of 30 or more days, then the vehicle is a presumptive lemon. 75 Pa.C.S. § 1956. Under Pennsylvania’s Lemon Law, a purchaser of a new motor vehicle that is a presumptive lemon can demand a repurchase of the vehicle by the manufacturer or have the vehicle swapped with a vehicle of comparable value. 75 Pa.C.S. § 1955. As of May 18, 2025, purchasers of new motorcycles in Pennsylvania for personal, family, or household use can now make the same demand if there is a nonconformity in the newly-purchased motorcycle. A distinct difference, however, is that the nonconformity in the motorcycle must manifest “within a period of one year following the actual delivery of the motorcycle to the purchaser or during the term of the warranty, whichever may occur first.” 75 Pa.C.S. § 1954. As most motorcycle manufacturers provide limited warranties for newly purchased motorcycles ranging from one to three years, the applicable Lemon Law period for newly purchased motorcycles in Pennsylvania will typically be one year. So what does this change to Pennsylvania’s Lemon Law mean for motorcycle manufacturers? Will motorcycle manufacturers be swept up in a tsunami of Pennsylvania Lemon Law suits now that the Commonwealth’s Lemon Law covers motorcycles? While it is too soon to say for sure, the answer is likely no.  Recent motorcycle registration data is instructive. In 2021, there were 8,575,569 motorcycles registered in the United States, but only 18,226 new motorcycles were purchased that same year, or 0.2% of all registered motorcycles. Eric Teoh, Motorcycles Registered in the United States, 2002–2021, 7 (Insurance Institute for Highway Safety) (March 2021). By way of stark contrast, there were 15,016,030 new cars and light trucks sold and leased in the United States in 2021. New and Used Passenger Car and Light Truck Sales and Leases, Bureau of Transportation Statistics, https://www.bts.gov/content/new-and-used-passenger-car-sales-and-leases-thousands-vehicles.  While the addition of motorcycles to Pennsylvania’s Lemon Law is worth highlighting and keeping an eye on, at this juncture, motorcycle manufacturers need not panic. Rather than lawsuits, perhaps motorcycle manufacturers should really be worried that they are not selling enough new motorcycles.   Defense Digest, Vol. 31, No. 2, June 2025, is prepared by Marshall Dennehey to provide information on recent legal 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Defense Digest

The Hills and Ridges Doctrine: A Property Owner’s Best Friend When Conditions Get Slippery

June 1, 2021

Key Points: The “hills and ridges” doctrine imposes a heightened burden on a plaintiff who slips and falls on snow and ice, and it can insulate a property owner from liability altogether. The “hills and ridges” doctrine protects a property owner from liability for generally slippery conditions resulting from snow or ice where the property owner has not permitted the snow or ice to unreasonably accumulate in ridges and elevations. Under the “hills and ridges” doctrine, property owners are not obligated to plow, salt or shovel their property until a reasonable time after a snowstorm has ended. With the arrival of spring and winter in the history books, property owners will be braced for another round of lawsuits alleging slip and falls on snow and ice. In Pennsylvania, however, the “hills and ridges” doctrine imposes a heightened burden on a plaintiff who slips and falls on snow and ice, and it can even insulate a property owner from liability altogether. Biernacki v. Presque Isle Condominiums Unit Owners Ass’n, Inc., 828 A.2d 1114, 1117 (Pa. Super. 2003). Generally, in order for a plaintiff to recover for a fall on a snow- or ice-covered surface, the plaintiff must prove that: (1) snow and ice had accumulated on the sidewalk in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians; (2) the landowner had either actual or constructive notice of the condition; and (3) it was the dangerous accumulation of snow or ice which caused the plaintiff to fall. Morin v. Traveler’s Rest Motel, Inc., 704 A.2d 1085, 1087-1088 (Pa. Super. 1997). The “hills and ridges” doctrine protects a property owner from liability for generally slippery conditions resulting from snow or ice where the property owner has not permitted the snow or ice to unreasonably accumulate in ridges and elevations. Morin, 704 A.2d at 1087-1088. However, what if a winter storm passes through and drops a considerable amount of snow and ice on a landowner’s property? If a pedestrian slips and falls on that fresh snow and ice, will the property owner be held liable? Under the “hills and ridges” doctrine, a property owner will not be held liable for general slippery conditions when these conditions prevail in the community. Tonik v. Apex, 275 A.2d 296, 298 (Pa. 1971). Further, under the “hills and ridges” doctrine, property owners are specifically not obligated to plow, salt or shovel their property until a reasonable time after the snowstorm has ended. Collins v. Philadelphia Suburban Dev. Corp., 179 A.3d 69, 75 (Pa. Super. 2018). In other words, under the “hills and ridges” doctrine, there is no duty to remove the snow and ice while the snowstorm is still active. Rinaldi v. Levine, 176 A.2d 623, 625 (Pa. 1962). Pennsylvania courts have made clear that there is no absolute duty on property owners to keep their properties completely free of snow and ice at all times. In one instance, the court found it was not reasonable to require a property owner to remove snow and ice from its parking lot by 7:45 a.m., when it had only begun to fall the night before. Biernacki, 828 A.2d at 1117. What if the property owner, or a snowplow company on behalf of the property owner, plows, salts, shovels or otherwise intervenes to remove snow and ice while the snowstorm is still active? Will the property owner or snowplow company lose the protections afforded under the “hills and ridges” doctrine? No. When a property owner, or a snowplow company on behalf of the property owner, takes steps to remove snow and ice during the course of a snowstorm, the property owner or snowplow company does not lose those protections. Moreover, when there is snowfall immediately prior to a slip and fall on snow and ice, intervention through plowing, salting or shoveling does not bar the application of the “hills and ridges” doctrine. Beck v. Holly Tree Homeowners Ass’n, 689 F. Supp. 2d 756, 765 (E.D. Pa. 2010). Additionally, in the absence of a claim grounded in contract, a snowplow company is protected by the “hills and ridges” doctrine to the same degree as the property owner. Biernacki, 828 A.2d. at 1117. Lastly, when there is evidence of rain on the date of a slip and fall and temperature change leads to an accumulation of ice, the “hills and ridges” doctrine is triggered even in the absence of snow. Beck v. Holly Tree Homeowners Ass’n, 689 F. Supp. 2d 756, 765 (E.D. Pa. 2010). In one such instance, the court held there would be no liability imposed on the owner of a parking lot which had icy patches in some areas of the lot where other areas of the lot were free of ice. Carrender v. Fitterer, 469 A.2d 120, 124-125 (Pa. 1983). *Christian is an associate in our Philadelphia, Pennsylvania office. He can be reached at 215.575.2737 or caweimann@mdwcg.com Defense Digest, Vol. 27, No. 3, June 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.