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Gabor focuses his practice on the defense of hospitals, health care systems and medical providers in medical malpractice and health care liability matters. He has second chaired multiple jury trials, and has experience in all aspects of litigation. Gabor is involved in cases from inception until resolution, conducting discovery, preparing witnesses, taking and defending depositions, evaluating and selecting experts, and preparing for trial. He has also first and second chaired several binding arbitrations, resulting in favorable outcomes for his clients.

With a focus on collaboration, Gabor works closely with each client to develop a defense strategy tailored to the individual case and desired result. He draws from his background in defending workers' compensation matters, having conducted hundreds of medical depositions and evaluated claims based on the opinions of medical experts and the analysis of medical/treatment records.

Gabor received his juris doctor from Widener University Commonwealth Law School, where he was elected as a member of the Law Review's Administrative Board and completed an intensive trial advocacy program. Upon graduation, Gabor received the James S. Bowman American Inn of Courts Award, which is awarded to a student excelling in administrative law. During undergrad at Temple University, Gabor was the recipient of the Professor Edward R. and Essie Baron Memorial Award, which is given to an outstanding student majoring in history, theater, music or art.

    • Widener University Commonwealth Law School (J.D., magna cum laude, 2013)
    • Temple University (B.A., magna cum laude, 2010)
    • New Jersey, 2013
    • Pennsylvania, 2013
    • Hungarian
    • Montgomery County Bar Association
    • Pennsylvania Bar Association
    • Calculated Change in Strategy: Hospital as the Solo Defendant, Marshall Dennehey Trends in Health Care and Health Law Seminar, May 9, 2024
    • Commonwealth of Pennsylvania Workers' Compensation Seminar, Commonwealth of Pennsylvania, 2016 and 2017
    • "Pennsylvania Imaging Center v. Commonwealth: The Supreme Court of Pennsylvania 'Trips' Over the Fine Line between Sales and Use Tax in Cases of Property Affixed to Real Estate," 2013 Annual Survey of Pennsylvania Administrative Law - 22 Widener L.J. 321 (2013)
    • Obtained a defense verdict after a week-long jury trial in a medical malpractice case. The plaintiff alleged she sustained a bowel perforation injury in the course of a robotic-laparoscopic hysterectomy. The procedure was performed by an obstetrician/gynecologist. During the course of the procedure, a general surgeon was called in to evaluate the bowels for injuries. There were no injuries found, so the procedure was completed, and the patient was discharged the following day. Two days later the patient returned in critically ill condition, and a bowel perforation in the sigmoid colon was identified. The plaintiff alleged the providers negligently failed to detect the injury during the hysterectomy. After a week-long trial, the jury returned a verdict in favor of all defendants.
    • Geisinger Health v. Bureau of Workers' Comp.(SWIF), 138 A.3d 133 (Pa. Cmwlth. Ct. 2016)

Results

Defense Verdict Secured in Chester County Medical Malpractice Case

We obtained a defense verdict after a week-long jury trial in the Chester County Court of Common Pleas in a medical malpractice case. The plaintiff alleged she sustained a bowel perforation injury in the course of a robotic-laparoscopic hysterectomy. During the course of the procedure, a general surgeon was called in to evaluate the bowels for injuries. There were no injuries found, so the procedure was completed, and the patient was discharged the following day. Two days later, the patient returned in critically ill condition, and a bowel perforation in the sigmoid colon was identified. The plaintiff alleged the health care providers negligently failed to detect the injury during the hysterectomy. After the trial, the jury returned a verdict in favor of all defendants.

Plaintiff’s Claims Barred by Statute of Limitations and Immunity Provisions of the Pennsylvania Mental Health Procedures Act

The defense prevailed on preliminary objections in Philadelphia County as the court found that the ​case involved a medical malpractice action involving the plaintiff’s allegations of an alleged assault by three patients while the plaintiff was a patient at a behavioral health hospital. In the complaint, the plaintiff pleaded ordinary negligence. Preliminary objections in the nature of a demurrer were filed by the defendant, raising immunity under the Pennsylvania Mental Health Procedures Act since there was no claim of gross negligence. After the preliminary objections were filed, the plaintiff attempted to cure the defect in the original pleading by filing an amended complaint, which added allegations of gross negligence and additional facts, in an attempt to support the claim of gross negligence. We again filed preliminary objections, arguing that the allegation of gross negligence was a new cause of action that was now barred by the statute of limitations. Since the amended complaint was filed more than two years after the event at issue and raised a new claim, the applicable two-year statute of limitations barred the claim. We also argued that the amended complaint failed to provide any factual support for gross negligence or willful misconduct and, therefore, the hospital was immune from suit. Plaintiff’s counsel did not file a response in opposition. The Philadelphia Court of Common Pleas agreed that the new claim was barred by the statute of limitations and the immunity provisions of the Mental Health Procedures Act, and dismissed the case with prejudice.

Thought Leadership

Defense Digest

Multiple Entities, But One Claim – The Issue of Corporate Negligence

September 1, 2024

Key Points:  Courts have wrestled with the issue of what types of entities may be liable under theory of corporate liability pursuant to Thompson v. Nason Hosp., 591 A.2d 703 (Pa. 1991). In Newlin v. Vita Healthcare Group, et al., the Delaware County Court of Common Pleas decided whether multiple entities may all be liable under a theory of corporate negligence, and whether the liability of multiple entities may be a basis to reduce a corporate liability award. Corporate liability is a frequently pursued claim in the medical malpractice arena in Pennsylvania. It is used by plaintiffs because it gives them another mechanism to get a “deep pocket” involved in their case. Under this theory, plaintiffs can claim that a hospital itself was directly negligent.  Pennsylvania courts have adopted this doctrine as a theory of hospital liability. Corporate negligence provides that the hospital is liable if it fails to uphold the proper standard of care owed the patient, which is to ensure the patient’s safety at the hospital. Thompson v. Nason Hosp., 591 A.2d 703, 707 (Pa. 1991). The Thompson case was the first to outline this theory, which creates a non-delegable duty that the hospital owes directly to a patient. It was a major departure from previous jurisprudence because a patient could directly pursue the hospital itself, rather than trying to tie the hospital to liability through the traditional theory of respondeat superior and vicarious liability.  The Superior Court of Pennsylvania established that a hospital has a duty to (1) use reasonable care in the maintenance of safe and adequate facilities and equipment; (2) select and retain only competent physicians; (3) oversee all persons who practice medicine within its walls as to patient care; and (4) formulate, adopt, and enforce adequate rules and policies to ensure quality care for the patients.  For a hospital to be found liable under this theory of liability, the plaintiff must show that the hospital had actual or constructive knowledge of the issue that created the harm. Further, the hospital’s negligence must have been a substantial factor in bringing about the harm to the injured party.  However, there are limits to liability. Importantly, courts have wrestled with the issue of what types of entities may be liable under this theory of liability. Of course, since Thompson, a hospital can certainly be liable under this theory. Beyond that, the picture is not so clear. The answer to the question boils down to the similarity of the care provided by that entity compared to care in a hospital setting. Courts will examine whether an entity is responsible for a patient’s total health care. For example, nursing homes were found to owe a direct duty because the degree of involvement in the care of patients in skilled nursing home facilities is markedly similar to that of a hospital and, thus, subject to corporate liability. See Scampone v. Highland Park Care Ctr., LLC, 57 A.3d 582, 584 (Pa. 2012). But what happens when there are multiple entities named as defendants? Can they all be liable under a theory of corporate negligence? Can this be a basis for an argument to reduce an award? These issues were addressed by the Delaware County Court of Common Pleas in a recent case.  In Newlin v. Vita Healthcare Group, et al., the Court of Common Pleas entered an order on December 20, 2023, that reduced a $19 million verdict against four defendant entities. Two entities were operators of a skilled nursing facility and two other entities were providers of management services.  The plaintiffs in Newlin alleged that a nursing home resident fell at the facility and sustained a hip fracture and subsequently developed pressure ulcers, leading to her death. The case involved multiple theories of recovery and also included a claim for punitive damages. At the conclusion of the trial, the jury returned a verdict for the plaintiff. The jury awarded $4 million in compensatory damages and $15 million in punitive damages, including $7 million against the operators and $8 million against the management entities.  Post-trial motions were filed following the verdict. As it relates to the concept of corporate negligence, the court analyzed the Supreme Court of Pennsylvania’s decision in Scampone. There, the Supreme Court stated that a plaintiff could not recover against both a management company and the operator of the facility because only the owner/operator could be liable for corporate negligence. The owner of the entity could not delegate the legal responsibility under this theory of liability to another corporate entity. The duty under corporate liability is a non-delegable duty, and the owner of the facility cannot pass this responsibility to someone else. This is different from vicarious liability, under which both entities could be found liable.  Accordingly, the court held that, because the non-delegable duty of care under corporate liability lies with the licensed operator only, a plaintiff cannot recover against both the licensed operator of a skilled nursing facility and a management company as well. Because the court found that only the owner/operator of the facility could be liable under corporate negligence, it vacated the punitive damages awards against the management entity.  Scampone is significant because it illustrates how corporate negligence has evolved in the Commonwealth. It also illustrates that just because plaintiffs name multiple corporate entity defendants in a case does not mean that, suddenly, the value of the case has increased. Corporate liability involves a non-delegable duty, and courts will not find multiple entities liable under it.  This issue should be addressed early on in each case where corporate negligence has been pled. Preliminary objections should be used to highlight the issue at an early stage of the litigation, and if those are not successful, it is a good idea to revisit this with a motion for summary judgement or even with motions in limine. The Newlin case demonstrates that it is absolutely vital to outline the nature of various entities during the course of litigation in order to ensure that the court can distinguish between the roles of various defendant entities in order to preclude excessive recovery.  Gabor is an associate in our King of Prussia, Pennsylvania, office.    Defense Digest, Vol. 30, No. 3, September 2024, 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. © 2024 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.

Case Law Alerts

Where there is much uncertainty about the facts, the issue of discovering the injury could not be determined as a matter of law by the court.

October 1, 2022

This is a medical malpractice matter that involved the issue of whether the statute of limitations was tolled by the discovery rule. The plaintiff alleged that she was misdiagnosed with sarcoidosis and the misdiagnosis delayed her cancer diagnosis and limited her treatment options. The defendants filed a motion for summary judgment on the basis that the claims were barred by the statute of limitations. The motion was initially denied but was subsequently granted upon motion for reconsideration. The plaintiff appealed. Upon appeal, the Superior Court of Pennsylvania disagreed with the trial court. The court explained that the medical records, and the patient’s own history, were unclear as to what diagnoses she was given and exactly what was communicated to her. Therefore, the court noted that where there is much uncertainty about what the facts were, the issue of discovering the injury could not be determined as a matter of law by the court. A genuine issue of material fact existed as to when the patient, through the exercise of due diligence, knew or should have known that she had been diagnosed with sarcoidosis.   Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent 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. Copyright © 2022 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.