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James P. Hanratty

Portrait of James P. Hanratty

Jim is the managing attorney and Casualty Supervisor for the Jacksonville office.  In this capacity, Jim oversees a team of experienced attorneys handling corporate, commercial and civil litigation matters including workers’ compensation across Northern Florida.

Jim transferred to the Jacksonville office in 2012 after a 23-year career defending manufacturers, hospitals, trucking and transportation carriers, retail establishments and construction professionals throughout Ohio, Western Pennsylvania and West Virginia. Jim is an experienced first-chair trial lawyer and has taken over 150 civil jury trials to verdict since 1989.

In Florida, Jim has put his broad based experience to work by assuming the statewide supervision of matters for key clients in a wide range of cases including products liability, trucking and transportation, commercial premises liability and construction related injuries. Jim continues to handle significant and catastrophic injury cases involving automobile and general liability claims with an emphasis on the defense of brain injury claims. He is also experienced in representing health care professionals in medical malpractice claims. Jim has also expanded his practice to include representing condominium and homeowners associations as well as representing employers in matters involving ADA, FLSA/Wage & Hour, and Title VII before the EEOC and the Florida Commission on Human Relations.

Jim maintains a Martindale-Hubbell rating of AV® Preeminent™, the highest rating for professional competence and was recognized in 2010 as a Super Lawyer. He is board certified in Civil Trial Law by The Florida Bar. Jim is licensed to practice in all state and federal District Courts of Florida.

    • University of Akron School of Law (J.D., 1989)
    • Walsh University (B.A., 1986)
    • Florida, 2012
    • U.S. District Court Middle District of Florida
    • U.S. District Court Northern District of Florida
    • U.S. District Court Southern District of Florida
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America®, Personal Injury Litigation - Defendants (2021-2026)
    • Florida Trend's Legal Elite - Civil Trial (2022)
    • Ohio Super Lawyer (2010)
    • International Association of Defense Counsel
    • American Board of Trial Advocates (ABOTA)
    • American Bar Association
    • Florida Bar Association
    • Jacksonville Bar Association
    • Ohio Academy of Trial Lawyers, 1989-1993
    • Ohio Association of Civil Trial Attorneys (Chair, Insurance Relations Committee, 2002-2007; Chair, Trial Tactics Committee, 2009-2012)
    • Ohio State Bar Association
    • Stark County Ohio Bar Association
    • West Virginia Bar Association
    • Top 5 Challenges Relative to Workers' Compensation Claims, Property and Casualty Claims and For Mediators, FCCI Educational Conference, October 2018
    • Defending Catastrophic Injury Claims - How to Stack the Deck in Your Favor, Marshall Dennehey Florida Claims Symposium – Casino Royale, Tampa, FL, September 20, 2018
    • "Courtroom Warriors" Present: Trying Your Case To A Defense Verdict; "Opening Statements; Making A Good First Impression," Cleveland Association of Civil Trial Attorneys, August 2008
    • Use, Selection of Expert Witnesses, Ohio Association of Civil Trial Attorneys, 2003
    • Insurance Relations Round Table, Ohio Association of Civil Trial Attorneys, 2003
    • Defense of Wrongful Death Case, Ohio Association of Civil Trial Attorneys, 2002
    • Law Office Management, University of Akron, 1992, 1995
    • Insurance Seminar, Ohio Academy of Trial Lawyers, 1992
    • "Reducing Workplace Accident Liability," Wholesale & Distribution International, Winter 2014
    • "Benefits of Involving Counsel When an Accident Occurs," Defense Digest, Vol. 19, No. 2, June 2013
    • "A Defendant's Guide To Approaching Head Injury Cases," Law360.com, February 8, 2013
    • "Benefits of Involving Counsel When an Accident Occurs," Construction Executive, December 2012
    • "Avoiding Headaches in Traumatic Brain Injury Cases," Defense Digest, Vol. 18, No. 4, December 2012
    • "Opening Statements: You Never Have a Second Chance to Make a First Impression," OACTA Quarterly Review, Vol. 2, Issue 4, Winter, 2009-2010
    • "A Momentary Lapse Of Reason In Ohio," Defense Digest, Vol. 14, No. 3, September 2008
    • "Selection, Use, Care and Feeding of Expert Witnesses," OACTA Review, Winter 2002
    • "Discovery In a Slip/Trip and Fall Case," OACTA Quarterly Review, Vol. 33, No. 2, Spring, 1998
    • United States Army Reserve, 1981-1990
    • Obtained summary judgment in a wrongful death and negligent security action involving the off premises murder of an employee. The plaintiff’s decedent was abducted, stabbed, and strangled during her lunch break after leaving the workplace parking lot with a man who had been looking for one of her co workers. We demonstrated that the crime was not foreseeable and that the client owed no duty. The First District Court of Appeal affirmed the order granting summary judgment.
    • A defense jury verdict in a tort/underinsured motorist suit directly against an insurance carrier where the plaintiff claimed brain injury and demanded $1.25 million.
    • Resolution of a wrongful death action against a manufacturer of a forklift by establishing that the incident was not caused by a defect in the product.
    • Resolution of a claim during trial of a dentist who, as a result of an auto accident, was left with neurological damage to her right arm. Economic experts claimed her professional loss due to the inability to practice dentistry was in excess of $3.4 million, but the case was settled during trial for approximately 24% of that number, due in large part to the cross examination of plaintiff's expert revealing several inconsistencies.
    • Supervised and coordinated several protective investigations for national construction firm requiring immediate response and scene inspection within hours of incidents to preserve the evidence and coordinate defenses often leading to the prevention of claims.
    • Successfully coordinated investigation and defense of Japanese manufacturer of industrial machinery in an amputation case leading to dismissal of client before trial.
    • Successfully defended National Restaurant Chain in multi-party litigation involving catastrophic injuries by using social media discovery to defeat emotional distress claims due to scarring.
    • Successfully defended a watercraft manufacturer at jury trial in a product liability action involving allegations of brain injury.
    • Obtained a defense jury verdict in a premises case on behalf of a national tax firm arising from a fall with serious injuries including a fractured femur with placement of intramedullary rod.
    • Obtained a defense jury verdict in a product defect/Magnuson-Moss action alleging personal injury due to inhalation of toxic mold and chemicals.
    • Successfully defended recreational vehicle retailer in multiple claims arising from allegations of product defect and "downstream distributor" claims including successful use of dispositive motions.
    • Successfully defended automobile accident case at jury trial involving catastrophic injuries and liability questions involving complex accident reconstruction issues and vehicle dynamics.
    • Successfully defended regional construction firm at jury trial in claim involving allegations of complex medical conditions arising from a low speed impact accident.
    • Board Certified Specialist, Civil Trial Law, The Florida Bar

Results

Summary Judgment Secured in a Contentious Coverage Matter

We were granted summary judgment in a coverage matter. The plaintiff was seeking UM benefits for a policy he had on a car he owned for an accident that occurred when he was operating a motorcycle he owned, but did not insure. The court confirmed that the policy excluded underinsured motorist coverage for the plaintiff’s motorcycle. The issue was that the definition of “motor vehicle” for the other owned motor vehicle exclusion was not specifically provided in the policy. In the PIP coverage, the policy contained an exclusion for motorcycles because the definition said motor vehicles must have four wheels. The plaintiff argued that the same policy said a motorcycle was not a motor vehicle for PIP coverage, but was a motor vehicle for the other owned vehicle exclusion. This was an ambiguity in the policy that should be interpreted against the carrier. The plaintiff had significant injuries that far exceeded the value of the policy. The court upheld both exclusions and followed our argument that the PIP and UM portions of the policy are separate and distinct and that any definition in the PIP coverage did not necessarily apply to the UM coverage. 

Directed Verdict Secured in a High-Exposure Defamation Lawsuit in Florida

We obtained a directed verdict in favor of our client in a high-risk defamation lawsuit. We were called to try the case on behalf of the CEO of a local chapter of a well-known national nonprofit after the plaintiff was permitted to amend the complaint to seek punitive damages from the CEO personally. The plaintiff was a volunteer at a camp. A decision was made to separate him from the camp and the organization. The plaintiff alleged that the CEO personally defamed him by alerting other volunteers and committees of the decision. He demanded an eight-figure sum prior to trial. After a six-day trial and several hours of argument at the close of the plaintiff’s case, the court granted our motion for directed verdict, ruling that the evidence presented confirmed that the communications by the CEO were covered by a qualified privilege and that, based on cross examination of the plaintiff and his witnesses, the defense established that there was no malicious conduct by the CEO. 

Thought Leadership

Defense Digest

On the Pulse…Jacksonville Office Expands and Leads Litigation Practice in Northern Florida

September 1, 2025

In 2024, the Jacksonville, Florida office celebrated our 20th year by moving to beautiful, new office space. We remain a presence in downtown Jacksonville and continue to cement our position as a premier litigation practice in Northern Florida. The Jacksonville office’s territory stretches from the Atlantic Coast to the Gulf Coast, across the northernmost counties of the state and across two time zones. Our lawyers have leveraged technology to allow us to service our clients’ needs in the most efficient way possible. When travel is necessary, we are perfectly situated to reach our expansive practice area quickly and effectively. The Jacksonville office is made up of talented lawyers working in the firm’s four practice departments: Casualty, Health Care, Workers’ Compensation, and Professional Liability. While only about 3% of all Florida lawyers have the distinction of being Board Certified as Specialists by the Florida Bar, almost 30% of our Jacksonville lawyers hold this honor. These highly-qualified lawyers include Elizabeth Ferguson, the leader of our Architectural, Engineering & Construction Defect Litigation Practice Group, Heather Carbone and Blake Hood, who are certified specialists in workers’ compensation practice, and myself, who works in the Casualty Department and has the honor of being certified as a specialist in civil trials. These distinctions and our commitment to our practices demonstrate the quality of counsel available to our clients as well as the excellent mentoring available to our newer lawyers.  Our newer attorneys are routinely named in the various professional journals lists of up-and-coming, talented attorneys. They are well situated to continue the growth of Marshall Dennehey’s presence in Northern Florida. As we continue to expand, we do so with an eye toward maintaining the Marshall Dennehey culture, which demands that we are not just great lawyers for our clients, but good people to each other, our families, and our opposition. Northern Florida continues to experience rapid and sustained growth, and the Jacksonville office is poised to continue to be a leader in the market as we move forward.  Jim is the managing attorney of our Jacksonville, FL office. He can be reached at (904) 358-4208 and JPHanratty@mdwcg.com.    Defense Digest, Vol. 31, No. 3, September 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

On the Pulse…Our Jacksonville Office

March 1, 2021

Marshall Dennehey has been an active part of the Jacksonville legal community since 2004. We opened with a few well-known and highly-respected members of the Duval County Bar and have since developed into a vibrant group of attorneys from many walks of life, handling diverse case loads in multiple practice groups. The Jacksonville office is within walking distance of the beautiful Duval County Courthouse, and we can often be found working there. However, we handle litigation far beyond the immediate area, covering an expansive territory across northern Florida, from the Atlantic Coast to the Gulf Coast. One of the founding members of the Jacksonville office is Michael DeCandio. Michael is well known as one of the leading construction defect defense attorneys in the state, regularly representing engineers and architects as well as the trades. Joining Michael in this practice group is Elizabeth Ferguson, a Board Certified Construction Defect attorney who is also recognized as a go-to construction defect lawyer. Elizabeth has a long history of leadership with the bar, and she is a former president of the Jacksonville Bar Association. They are supported by associate Avery Sander, who is active in the Jacksonville Women Lawyers Association, the Florida Association of Women Lawyers and the Chester Bedell Inn of Court. Jacksonville’s newest practice is the Workers’ Compensation Practice Group led by Heather Carbone. Heather and Linda Farrell joined us three years ago as part of the firm’s strategic plan to expand the Workers’ Compensation Department into the state. Heather and Linda provide their clients with unparalleled service through their advocacy, incredible work ethics and professionalism. Kelly Scifres is an associate in the group who is rapidly developing her own client relationships and reputation in the close-knit workers’ compensation bar. Responding to the needs of our clients, in 2019, Corey Setterlund transferred to Jacksonville from our Fort Lauderdale office to provide much needed defense of first-party property cases. Corey is a passionate, dedicated and diligent lawyer for her clients. (Is it any wonder that in her spare time she runs ultra-marathons?) The newest member of the property team is Caitlin Polly, who came over from the dark side (a little defense bar humor) to provide her unique insight and energy to the team. I am fortunate to lead the Casualty Practice Group in Jacksonville. As an attorney with 30+ years of experience and more than 150 verdicts in four states, it is my privilege to watch the attorneys I work with develop and grow their talents to the benefit of our clients. Rob Williams is a Jacksonville native who previously served as in-house counsel for a major casualty insurer. Sean Reeves is a former Army helicopter pilot whose experiences in Iraq and Afghanistan surely contribute to his fearless, warrior spirit in attacking any challenge, no matter how complex. Kathleen Carlson is extremely knowledgeable in the auto defense arena and is relentless in her pursuit of excellent outcomes for her clients while assuring on-time and informative reporting to the carriers. In addition to these primary practice areas, the attorneys in our Jacksonville office also handle employment and health care matters. Whatever your civil litigation needs are, we have the diverse talent, experience, energy, and flexibility to efficiently and effectively handle your litigation throughout north Florida. Please contact me with any questions about your legal needs. We look forward to working with you! *Jim is the managing attorney of our Jacksonville, Florida office. He can be reached at 904.358.4208 or jphanratty@mdwcg.com.   Defense Digest, Vol. 27, No. 2, March 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.

Events

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

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.

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.