.

Christopher N. Santoro

Portrait of Christopher N. Santoro

Chris has over 30 years of litigation experience handling major casualty, toxic tort, and product liability matters. He has significant experience in handling toxic tort matters involving exposure to alleged hazardous substances and has successfully defended major corporations in hundreds of cases at the trial level. Since joining Marshall Dennehey in 2002, Chris has expanded his practice to handling matters involving asbestos, silica, vinyl chloride, benzene, lead, cadmium, legionella, various dusts, lubricants, and other allegedly hazardous materials. He continues to be an active trial lawyer and has tried over 150 jury trials to verdict.

Chris began his career as an associate at Krusen Evans & Byrne and settled upon a defense practice focusing on product liability, personal injury, property damage, and toxic tort matters. He gained experience handling a wide variety of matters and tried numerous jury trials to verdict.

In 1989, Chris was instrumental in forming a firm that concentrated in toxic tort matters, and the firm quickly established itself as one of the leading firms in asbestos litigation. He served as the managing partner for eleven years.  The firm rapidly grew under his leadership. It was during this time that Chris concentrated his practice in the field of toxic torts and quickly became one of the most active and successful toxic tort trial lawyers. Representing Owens Corning, he served as lead trial counsel in the Philadelphia area asbestos litigation. In addition, he participated in the development of strategies and techniques for the handling of complex, multi-party toxic tort litigation.

While at Marshall Dennehey, Chris has tried numerous cases to verdict with all but two (2) resulting in defense verdicts.  One plaintiff's verdict was overturned by the Pennsylvania Superior Court and the grant of a new trial affirmed by an En Banc Panel of the  Pennsylvania Superior Court.

At the request of various clients, Chris has organized and/or given presentations at various seminars. In addition, he has lectured on a variety of topics involving trial techniques and has participated in numerous CLE seminars.

    • Temple University Beasley School of Law (J.D., 1984)
    • La Salle University (B.A., cum laude, 1981)
    • Pennsylvania, 1984
    • U.S. District Court Eastern District of Pennsylvania
    • U.S. District Court Western District of Pennsylvania
    • American Board of Trial Advocates
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America®, Product Liability Litigation - Defendants (2023-2027)
    • The Best Lawyers in America©, Personal Injury Litigation - Defendants (2026-2027)
    • Pennsylvania Super Lawyers (2006-2007, 2018-2019)
    • American Bar Association
    • American Board of Trial Advocates, Diplomat
    • Disciplinary Board of the Supreme Court of Pennsylvania, Hearing Committee Member
    • Pennsylvania Bar Association
    • Pennsylvania Defense Institute
    • Philadelphia Bar Association
    • Defending Household Exposure Cases, Mealey's National Asbestos SuperConference, Phoenix, AZ, September 2008 
    • Defending Toxic Tort Cases, AIG Environmental Unit, New York, NY, November 2007 
    • Silca Litigation and Assembly Line Diagnosing, AIG Domestic Claims Toxic Tort Unit, May 2006 
    • Opening Statements, Marshall Dennehey Trial Advocacy Class, May 2006 
    • Trying The Automobile Brake Case, Goodyear Tire & Rubber National Counsel Meeting, San Diego, CA, October 2005 
    • Cross Examination, Marshall Dennehey Trial Advocacy Class, October 2005 and October 2006 
    • "Tooey Is Not Just a Bunch of “Hooey”— Practical Tactics for Defending an Employer in the Realm of Toxic Tort Litigation,"Defense Digest, Vol. 20, No. 3, September 2014, co-author
    • "The Dose Is the Poison --The Pennsylvania Supreme Court Questions the 'Each and Every Breath' or 'Any Exposure' Theory," Defense Digest, Vol. 14, No. 2, June 2008
    • "Assumption of Risk in Product Liability," Counterpoint, April 1989 
    • Obtained a unanimous defense verdict after a nine week trial in Suffolk County, New York, where the plaintiff’s counsel requested that the jury award $40 million in damages.  The plaintiff was 51 years old when she was diagnosed with peritoneal mesothelioma allegedly as a result of being exposed to asbestos containing joint compound manufactured and sold by our client. Plaintiff who was 56 at the time of trial, testified that she had little or no knowledge of ever being exposed to asbestos. However, her older sister, who served as the only product identification witness at trial, testified that she recalled that their father used asbestos containing joint compound on two occasions, approximately fifty years ago when he repaired their home after a fire in 1970 and when he built a home in Florida around 1975. Plaintiff was five and ten years old respectively during the alleged exposures and plaintiff’s sister was seven years older. Plaintiff’s sister testified that she had a vivid memory of her father using six different joint compounds during the two projects, including our client’s product. She also testified that the plaintiff was present hundreds of times when their father mixed, applied and sanded the joint compound. At trial, we called an industrial hygienist, a toxicologist and an epidemiologist who testified that the type of asbestos fiber used in our client’s joint compound did not cause or contribute to her mesothelioma, because the fibers are too short and do not cause disease. Our epidemiologist testified that plaintiff’s mesothelioma developed spontaneously and was not the result of asbestos exposure. We also called a construction expert, who testified that the sister’s testimony regarding the amount of joint compound used and the time the sister was exposed were excessive. The jury deliberated an hour before returning the verdict. Post-trial comments from jurors indicated they did not find the sister to be credible.
    • Obtained a voluntary dismissal on behalf of an aircraft parts supplier in an asbestos mesothelioma case. The plaintiff alleged he was diagnosed with mesothelioma as a result of exposure to numerous asbestos products while doing home renovation work with his father in the 1940s, while in the U.S. Air Force working as an aircraft mechanic between 1953 to 1957, as a self-employed painter between 1958 and 1960, as a civilian aircraft maintenance crew chief at the Willow Grove Air Force Base between 1959 to 1968, and non-occupationally doing automotive and home repair work. The plaintiff contended our client was the exclusive supplier of asbestos-containing fire sleeves for military aircraft hose assemblies that he worked with almost on a daily basis while at Willow Grove. Based upon the plaintiff's description of the product during his trial video and discovery depositions, our client took the position that the product could not have been supplied by them. All other defendants either settled or were dismissed, and our client took a no-pay position. As the case neared trial, plaintiff's counsel presented his evidence as to why the product identified by the plaintiff was accurate and, therefore, why we should settle the case. Through a combination of the plaintiff's testimony, our witness's prior testimony, select portions of catalog pages and drawings from the aircraft the plaintiff worked on, and catalog pages from our client's catalogs, plaintiff's counsel was persuaded to voluntarily dismiss our client shortly before trial was to begin in the United States District Court for the Eastern District of Pennsylvania.
    • Obtained a unanimous 12-0 defense verdict after a two week trial in Santa Fe County, New Mexico, where the plaintiff was seeking approximately $40 million in damages. In this asbestos litigation case, it was alleged that the decedent contracted and died at the age of 76 from mesothelioma as a result of being exposed to asbestos-containing joint compound manufactured and sold by our client. The decedent worked as an electrician for 40 years and contended he worked in the vicinity of drywall workers at various commercial worksites throughout Albuquerque and New Mexico. The plaintiff contended that our client’s joint compound was defective because it was sold without a warning of the well-established dangers of asbestos. Further, the plaintiff argued that our client was negligent, because it knew or should have known of the dangers of asbestos that were readily available from as early as the 1930s. The defense argued that the asbestos fiber used in our client’s joint compound was safe, because the fibers were short fibers and not known to increase the risk of disease. It was further argued that our client acted reasonably and in a timely manner, when it placed a government-mandated warning on their product in the early 1970s. Lastly, it was argued that the only product identification witness called by the plaintiff was not credible, because he gave three depositions in 2017 and did not identify our client’s product. He first identified our client’s product during his fourth deposition in late 2019, when our client was the only remaining defendant. The jury found our client’s product was not defective, but that they were negligent. However, the jury found the negligence was not a cause of the decedent’s mesothelioma.
    • Defense verdicts for welding rod manufacturers in cases involving alleged exposure to asbestos, including:
    • Defense verdict for a welding rod manufacturer following a two week trial in Philadelphia County before Judge Ramy I. Djerassi.   The plaintiff alleged her decedent husband, who died at the age of 77, contracted lung cancer as a result of being exposed to asbestos from welding rods manufactured by our clients. The decedent was a former smoker, quitting 50 years ago but he was diagnosed with emphysema.  The jury returned a defense verdict after deliberating for 50 minutes.  (The Estate of Stephen Matkowsky v. Airco).
    • Defense verdict for a manufacturer of welding supplies following a trial before Judge Ramy I. Djerassi in the Philadelphia County Court of Common Pleas.  The plaintiff alleged her decedent husband, who died at the age of 59, contracted colon cancer as a result of being exposed to asbestos from welding blankets manufactured by our client.  The defense argued that there is no medical or scientific causation between asbestos exposure and colon cancer and that it was the decedent's family history of colon cancer and lack of screening which caused his condition.  The jury of 12 returned a unanimous defense verdict.  (The Estate of Louis Goll v. Airco).
    • Defense verdict in a jury trial before Judge Esther Sylvester in the Philadelphia County Court of Common Pleas.  The 72 year old living plaintiff claimed he developed lung cancer as a result of working with welding rods manufactured by Lincoln Electric Company, Hobart Brothers and Airco.  As a result of his cancer, the plaintiff had his left lung removed and had multiple post operative complications.  The defendants claimed that their welding rods did not release asbestos fibers and their products did not contribute to the plaintiff's lung cancer.  The jury was charged that if they found that the defendants' products contained asbestos that, as a matter of law, they must find that the product was defective.  After two hours of deliberations, the jury in a 10 to 2 decision, found that all three of the defendants' products contained asbestos, but that they were not defective. (Donald Dimmick v. Airco).
    • Defense verdict in a case tried before Judge John Herron, Administrative Judge of the Complex Litigation Center in the Philadelphia County Court of Common Pleas.  Plaintiff alleged her decedent husband contracted lung cancer as a result of being exposed to asbestos from welding rods manufactured by Lincoln Electric Company and Hobart Brothers, while welding when he worked as a maintenance mechanic.  Plaintiff was 70 years old when he died.  The defense was that welding rods to not release free asbestos fibers and that the decedent's lung cancer was caused by his heavy history of smoking cigarettes.  The jury returned a defense verdict in 22 minutes.  (The Estate of Stephen Fitzpatrick v. Lincoln Electric Company).
    • Defense verdict in a case tried before Judge Norman Ackerman in the Philadelphia County Court of Common Pleas.  Plaintiff contended he was symptomatic with shortness of breath and had pulmonary function abnormalities as a result of pleural plaques he developed while working with asbestos containing welding rods.  The case was tried reverse bifurcated and during the first phase the defense argued that pleural plaques are a benign condition that do not cause symptoms.  The jury found in favor of the plaintiff and awarded him $150,000 and $0 on the spouse's loss of consortium claim.  During the second phase the defense argued that welding rods do not release respirable fibers and any asbestos related condition the plaintiff developed was caused by exposure to other asbestos containing products.  At the conclusion of phase II, the jury returned a unanimous verdict in favor of the defense. (David Myers v. Lincoln Electric Company).
    • Defense verdict in a case tried before Judge George Overton in the Philadelphia County Court of Common Pleas, involving a 71 year old gentleman who worked as a plumber and auto mechanic and did welding several hours a week over a 25 year period.  He contended that he developed mesothelioma and died as result of his work with welding rods which contained asbestos. The case was tried reverse bifurcated and the defense did not dispute that the mesothelioma was caused by asbestos in the first phase of the case.  The jury returned a damage verdict of $365,000.  In the liability phase of the trial, the welding rod defendants were the only defendants that chose to defend their product and contended that welding rods do not release asbestos fibers that are respirable and the mesothelioma was caused by extensive exposure to asbestos insulation products and not welding rods.  Both phases of the case took two weeks to try and at the conclusion of the second phase of the case, the jury returned a defense verdict after deliberating just 30 minutes. (Estate of Rollin Bankes v. Hobart Brothers).
    • Defense verdict in a case tried before Judge Eugene Maier in the Philadelphia County Court of Common Pleas involving a 63 year old Septa mechanic who contended that he developed lung cancer and died as a result of working with welding rods which contained asbestos.  The defense contended that the lung cancer was caused by the decedents long history of smoking, including continuing to smoke after he was diagnosed with the lung cancer.  The case was tried reverse bifurcated and after 40 minutes the jury returned a verdict for the defense after the first phase of the case.  (Orlando Williams v. Airco).
    • Defense verdict after a three week jury trial in front of Judge Stephen Baratta in the Northampton County Court of Common Pleas.  Plaintiff alleged that he had developed mesothelioma, a cancer of the lining of the lung that is almost exclusively caused by asbestos, as a result of working with welding rods manufactured by our client The Lincoln Electric Company.  Plaintiff was 80 years old at the time of trial.  The theory was that the flux coating on welding rods when manipulated released respirable asbestos fibers into the air which the plaintiff inhaled over many years while working as a steamfitter from 1950's until the 1970's.  On the eve of trial, plaintiff produced two cans of Lincoln asbestos containing welding rods that he contended were removed from a jobsite over thirty years ago and stored in his garage.  Lincoln's defense was that because the asbestos in the flux coating is encapsulated in a sodium silicate binder that it was not possible that fibers of the proper size and shape could be released and inhaled by the plaintiff.  In support of the defense an expert witness in fracture mechanics from MIT was called, as well as a certified industrial hygienist and a pulmonology expert.  After deliberating for about seven hours, the jury returned an unanimous verdict in favor of Lincoln.  (Michael Messinger v. Lincoln Electric Company).
    • Other representative matters:
    • Dooley v. BondexReverse bifurcated trial before Judge Victor DiNubile in the Philadelphia County Court of Common Pleas.  Plaintiff/Decedent died at the age of 84 as a result of pleural mesothelioma he alleged was caused by his work with asbestos containing products, including Bondex joint compound, primarily while performing home repairs and renovations.  The decedent was a high ranking union official with the United Brotherhood of Carpenters and Joiners of America Local 454.  Plaintiff's counsel made a mid six figure demand prior to trial.  A favorable settlement was reached while the jury was deliberating after phase I when plaintiff's counsel accepted what had been offered prior to trial.
    • Davis v. Goodyear.  Obtained a defense verdict for Goodyear Tire and Rubber, after a three week jury trial in the Philadelphia Court of Common Pleas before Judge Stephen Levin.  Plaintiff contended that he developed lung cancer and asbestosis as a result of working with asbestos containing brakes that he allegedly purchased at Goodyear service centers over a period of many years.  Plaintiff had surgery in 2003 where half of his lung was removed.  He was 72 years old at the time of trial and plaintiff's expert pulmonologist opined that the plaintiff's prognosis was poor and most likely would not survive five years after the surgery.  Goodyear contended that plaintiff could not have purchased brakes from them, because they were not a retailer of automotive parts and do not sell to the general public.  Rather, they operate service centers where they install all parts that they sell.  During the first phase of the reverse bifurcated trial, the defense contended that plaintiff did not have asbestosis and his lung cancer was caused by a long cigarette smoking history, although the plaintiff had stopped smoking 10 years before his diagnosis.  After deliberating for two days, the jury returned a defense verdict.  It was the first asbestos case in the country where Goodyear had gone to verdict.
    • Roth v. Kaiser Gypsum.  Plaintiff contended that he developed and died as a result developing pleural mesothelioma from working with various asbestos containing product including wall board manufactured by Kaiser Gypsum.  The case was tried reverse bifurcated before Judge Alex Bonivitacola in the Philadelphia County Court of Common Pleas.  Plaintiff's counsel settlement demand was in the low six figures with approximately ten shares in the case.  After phase I the jury returned a verdict in favor of the plaintiff for $200,000.  A favorable settlement was reached after phase I.
    • Bednar v. DAP.  Defense verdict obtained in a trial before Judge Ricardo Jackson in the Philadelphia County Court of Common Pleas .  Plaintiff alleged that he developed and died at the age of 43 as a result of peritoneal mesothelioma. It was contended that the decedent was exposed to various asbestos containing products, including asbestos containing caulk manufactured by DAP, which were a substantial factor in the cause of the decedent's disease.  The defense contended that the chrysotile asbestos to which plaintiff was exposed was not a cause of the peritoneal  mesothelioma.    The case was tried reverse bifurcated and after phase I the jury returned a verdict in favor of the defense, finding that the decedent's mesothelioma was not caused by his asbestos exposure.
    • Engro v. Pep Boys.  In a reverse bifurcated trial, tried before Judge Richard Glazer in the Philadelphia County Court of Common Pleas it was contended that the decedent contracted pleural mesothelioma as a result of his exposure to asbestos while performing brake changes on his personal vehicles.   It was alleged that the brakes were purchased at various Pep Boys' stores.  Prior to trial plaintiff's counsel issued a mid-six figure settlement demand.  After phase I the jury returned a verdict in favor of the plaintiff for $400,000.  A favorable settlement was reached after phase I.
    • O'Kane v. Safeway Steel Products, Inc., 1988 WL 54024 (Fed Dist Low ATL PA 3 1988) 
    • Golden v. Williard Co., 521 Pa. 528, 557 A.2d (1989)  
    • Bittinger v. Owens-Corning Fiberglass Corp., 1986 WL 14195 (E.D.Pa 1986) 

Results

After Nine-Week Trial, Unanimous Defense Verdict in Asbestos Case Where $40 Million in Damages Had Been Sought

We obtained a unanimous defense verdict after a nine-week trial in Suffolk County, New York, where the plaintiff’s counsel requested that the jury award $40 million in damages. The plaintiff was 51 years old when she was diagnosed with peritoneal mesothelioma, allegedly as a result of being exposed to asbestos-containing joint compound manufactured and sold by our client. The plaintiff, who was 56 at the time of trial, testified that she had little or no knowledge of ever being exposed to asbestos. However, her older sister, who served as the only product identification witness at trial, testified that she recalled that their father used asbestos-containing joint compound on two occasions, approximately 50 years ago, when he repaired their home after a fire in 1970 and when he built a home in Florida around 1975. The plaintiff was five years old during the alleged exposures, and her sister was seven years older. The plaintiff’s sister testified that she had a vivid memory of her father using six different joint compounds during the two projects, including our client’s product. She also testified that the plaintiff was present hundreds of times when their father mixed, applied and sanded the joint compound. At trial, we called an industrial hygienist, a toxicologist and an epidemiologist, who testified that the type of asbestos fiber used in our client’s joint compound did not cause or contribute to her mesothelioma because the fibers are too short and do not cause disease. Our epidemiologist testified that the plaintiff’s mesothelioma developed spontaneously and was not the result of asbestos exposure. We also called a construction expert, who testified that the sister’s testimony regarding the amount of joint compound used and the time the sister was exposed were excessive. The jury deliberated an hour before returning the verdict. Post-trial comments from jurors indicated they did not find the sister to be credible.

Voluntary Dismissal of Client in Asbestos Mesothelioma Case

Our attorneys secured a voluntary dismissal on behalf of an aircraft parts supplier in an asbestos mesothelioma case. The plaintiff alleged he was diagnosed with mesothelioma as a result of exposure to numerous asbestos products while doing home renovation work with his father in the 1940s; while in the U.S. Air Force working as an aircraft mechanic between 1953 to 1957; as a self-employed painter between 1958 and 1960; and as a civilian aircraft maintenance crew chief at the Willow Grove Air Force Base between 1959 to 1968. The plaintiff contended our client was the exclusive supplier of asbestos-containing fire sleeves for military aircraft hose assemblies that he worked with almost on a daily basis while at Willow Grove. Based upon the plaintiff’s description of the product during his trial video and discovery depositions, our client took the position that the product could not have been supplied by them. All other defendants either settled or were dismissed, and our client took a no-pay position. As the case neared trial, plaintiff’s counsel presented evidence as to why the product identified by the plaintiff was accurate and, therefore, why the case should be settled. Through a combination of the plaintiff’s testimony, our witness’s prior testimony, select portions of catalog pages and drawings from the aircraft the plaintiff worked on, and catalog pages from our client’s catalogs, plaintiff’s counsel was persuaded to voluntarily dismiss our client shortly before trial was to begin. 

Firm Highlights

Thought Leadership

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

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

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants