.

Jason is a highly accomplished defense attorney with more than 20 years of experience handling complex casualty litigation. 

Throughout his career, Jason has defended hundreds of premises liability, sports and entertainment, retail, dram shop, motor vehicle and product liability matters, trying several cases to verdict. Additionally, he has handled several mold exposure claims involving subcontractors, school districts and a regional hospital. 

He has also represented Fortune 500 companies and a considerable number of service providers in sports and entertainment, retail, corrections, healthcare, facilities, restaurant and bar industries. 

In addition to his seasoned trial advocacy skills, he regularly uses focused discovery and technology to effectively and creatively represent his clients in a cost-efficient manner.  He was also involved in the MDL litigation for a distributor of latex products. Jason regularly serves as a court-appointed arbitrator in the Court of Common Pleas of Lehigh County, Court of Common Pleas of Northampton County and United States District Court for the Eastern District of Pennsylvania. He also serves as a judge pro tem in the Court of Common Pleas of Philadelphia County. Civil litigants often hire Jason to serve as a private arbitrator in their matters.  

Among his numerous professional affiliations, Jason is the Past President and Board Member of the Pennsylvania Defense Institute (PDI), a 400-member organization comprised of lawyers, insurance company executives, self-insurers, and independent adjusters who are focused on promoting the interests of the civil litigation defense bar. In July 2020 he received the PDI's "Defense Attorney of the Year" Award for his statewide efforts in conjunction with the plaintiff’s bar to reopen Pennsylvania courts and law offices during the Covid-19 pandemic. He also has received the Defense Research Institute’s Exceptional Performance Citation for 2019-2020. He has participated extensively as a panelist or moderator for various Continuing Legal Education programs. He most recently presented to the Northampton County Bar Association on the topic of Representing Your Client at an Online/Virtual Mediation.  

Jason was also an appointed member of the Pennsylvania Bar Association’s Covid-19 Task Force. As one of the civil defense bar representatives, he helped developed processes, technologies and rules recommendations to enable the legal system to continue operations under crisis conditions. 

He now serves on the DRI Center for Law and Public Policy task force dedicated to monitoring legislative and rulemaking developments at the state level. 

Devoted to community service, Jason is President of Lower Saucon Township Council. His community service on Township Council includes liaison to Landfill, Parks & Recreation, Municipal Police Contract and Active Transportation Committees. He formerly served for ten years as the Chairman of the Lower Saucon Township Zoning Hearing Board, deciding substantive and procedural challenges to the validity of land use ordinances.

    • Widener University Delaware Law School (J.D., 1999)
    • Bucknell University (B.S.B.A., 1994)
    • New Jersey, 2000
    • Pennsylvania, 2000
    • U.S. Court of Appeals 3rd Circuit, 2000
    • U.S. District Court District of New Jersey, 2000
    • U.S. District Court Eastern District of Pennsylvania, 2000
    • U.S. District Court Middle District of Pennsylvania, 2000
    • U.S. District Court Western District of Pennsylvania, 2018
    • Supreme Court of the United States, 2023
    • Obtained a unanimous defense verdict in a civil jury trial in Northampton County, Pa. under COVID restrictions. In this premises liability case, the plaintiff claimed he had slipped on snow and ice on a sidewalk and suffered a comminuted tri-malleolar fracture, requiring two surgeries. The demand was $130K and Jason’s best offer was $75K. At trial, Jason demonstrated that the plaintiff failed to establish that the accident occurred on the property his client maintained as power-of-attorney and that his client breached any limited duty owed to a licensee. The socially-distanced jury returned its verdict in an hour. 
    • Obtained summary judgment for a hospital operating room management consulting company for premises liability claims resulting in alleged traumatic brain injury where demand was $1.9 million.
    • Obtained defense verdict for a bowling alley for premises liability claims resulting in alleged brachial plexus injury where demand was $250,000.
    • Obtained a summary judgment in a Monroe County apartment complex slip and fall on snow and ice case.  The Court determined that the evidence adduced by plaintiff did not meet the requirements for the Hills and Ridges Doctrine (i.e. that snow and ice had accumulated on the ground in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians). The Court also found that there was no proof of a dangerous condition or notice of the condition to establish a breach of duty.  The Court did not reach the merits of our assumption of risk arguments.
    • Obtained summary judgment for a correctional services food services provider for toxic tort claims of correctional officers alleging exposure to mold in the prison where demand was in excess of $1 million.
    • Successfully and economically resolved a complex premises liability case at an air cargo distribution hub through creative use of meteorology experts and discovery.
    • Successfully and economically resolved a complex industrial shelving unit collapse case resulting in catastrophic head injury through creative use of biomechanical and engineering experts.
    • Successfully and economically resolved a medical product liability case involving a catheter sheath through effective use of engineering and design experts.
    • Successfully and economically resolved a products liability case involving a motorized yard truck through effective use of engineering and human factors experts.
    • Obtained summary judgment for a tree removal service based on plaintiff's failure to file action within statute of limitations.
    • Obtained defense verdict at trial in a low speed motor vehicle accident through effective use of photographs, damages estimates and medical experts.
    • Successfully obtained dismissal of the distributor of an allegedly defective log splitter.
    • Successfully defended construction liability case where the demand was $10 million by showing that the action of my client was not the proximate cause of plaintiff's injuries.
    • Board of Governors of Bowie State University’s Maguire Academy for Risk Management and Insurance (2025)
    • Top Lawyers of the Lehigh Valley, Litigation (2025)
    • 2020 Pennsylvania Trailblazer, The Legal Intelligencer
    • Pennsylvania Bar Association (PBA) COVID-19 Task Force
    • Pennsylvania Defense Institute (PDI), Defense Attorney of the Year, 2020
    • Defense Resource Institute - Exceptional Performance Citation 2019-2020
    • Pennsylvania Super Lawyer Rising Star (2007-2008)
    • American Bar Association
    • Claims & Litigation Management Alliance (CLM)
    • Defense Research Institute
    • Lehigh County Bar Association
    • Lower Saucon Township Zoning Hearing Board
    • Northampton County Bar Association
    • Pennsylvania Bar Association
    • Pennsylvania Defense Institute, (PDI) Co-chair of the Governmental Affairs Committee 2021; President 2019; Executive Vice President 2017-2018; Treasurer 2016-2017; Secretary 2015-2016; Board of Directors 2011-Present
    • Temple American Inn of Court, 2000-2001
    • Lower Saucon Township Council, 2019 to present
    • Defense Resource Institute, State Representative for Pennsylvania
    • DRI Center for Law and Public Policy, State Legislation and Rules Task Force
    • Project Litigate – Panel Discussion, 2024 Pennsylvania Defense Institute (PDI) Annual Conference, Bedford Springs, PA, July 12, 2024
    • Civil Litigation State of Affairs, The Impact of COVID-19 in New York, Connecticut, Pennsylvania, New Jersey, Florida & What’s Next – Moderator, Marshall Dennehey Client Webinar, June 2021
    • Civil Litigation Updates in COVID-19 Litigation – Where Do We Stand One Year Later? Marshall Dennehey Webinar, May 2021
    • How to Represent Your Client in Virtual Mediation, webinar presented by Northampton County Bar Association, May 21, 2020
    • An Overview of Pennsylvania Law and Effective Litigation Management Strategies, Marshall Dennehey Client Seminar, June 2015
    • An Overview of Pennsylvania Automobile Liability, Marshall Dennehey Client Seminar, April 2015
    • Issues and Defenses in Pennsylvania Premises Liability Cases, American National Red Cross' Dedicated Liability Unit, July 2011
    • Pennsylvania Liability Seminar, Crawford & Company
    • Pennsylvania Motor Vehicle Liability Seminar, Laidlaw Transit, Inc.
    • Persuasion, Civility and How Jurors Make Decisions, Panelist and moderator, Pennsylvania Defense Institute North Region Ethics CLE Program
    • Advanced General Liability Seminar, organizer and moderator, PDI East with federal and state judges
    • “Social Media: The Discoverable Window to the Trust,” LexisNexis Martindale-Hubbell, September 21, 2011, and Defense Digest, Vol. 17, No. 3, September 2011

Results

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Unanimous Defense Verdict in Premises Liability Civil Jury Trial Under COVID Restrictions

We obtained a unanimous defense verdict in a civil jury trial in Northampton County, Pa. under COVID restrictions. In this premises liability case, the plaintiff claimed he had slipped on snow and ice on a sidewalk and suffered a comminuted tri-malleolar fracture, requiring two surgeries. At trial, Jason demonstrated that the plaintiff failed to establish that the accident occurred on the property his client maintained as power-of-attorney, or that his client breached any limited duty owed to a licensee. The socially-distanced jury returned its verdict in favor of the defense in one hour.

News

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Firm Highlights

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.

Result

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

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

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

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

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Congratulations To Our 2026 Ohio Super Lawyers & Rising Stars! Super Lawyers: Thomas F. Glassman Personal Injury, General Defense. Rising Stars: Micheal A. Roberts Personal Injury, Medical Malpractice Defense, Gabriella M. Wittbrod Personal Injury, Medical Malpractice Defense

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Thought Leadership

Best Lawyers in America Recognition

We are proud of the firm’s 16 medical malpractice 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. Special congratulations to Justin F. Johnson who was recognized as 2027 “Lawyer of the Year” in his jurisdiction for Medical Malpractice Law – Defendants. Best Lawyers: Ones to Watch • Holli K. Archer Best Lawyers in America: • Robert T. Evers • Jason P. Ferrante • Maria R. Granaudo • Joseph L. Hoynoski III • Leslie M. Jenny • Matthew P. Keris • Julia A. Klubenspies • Lynne N. Nahmani • John R. Ninosky • Gary M. Samms • Victoria Crawshaw Scanlon • Brett C. Shear • Joel M. Snavely • Robin B. Snyder

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

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.