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Jonathon E. Cross

Co-Chair, Amusements, Sports & Recreation Liability Practice

Portrait of Jonathon E. Cross

Jon focuses his practice on a wide range of casualty matters, with particular emphasis on amusements, sports and recreation liability claims. As a former athlete, Division-I college baseball coach, and camp owner, Jon brings a unique and comprehensive perspective to representing and defending sports, amusement, and recreation facility owners, coaches, instructors, youth athletic organizations, professional athletes, educational institutions, and college fraternities against various claims. His extensive background enables him to effectively navigate the complexities of defending against claims within these educational institutions and organizations, including those involving specific sports such as football, soccer, basketball, ice hockey, baseball, lacrosse, and track and field. He also has extensive experience defending a wide range of recreational and entertainment facilities, including trampoline parks, water parks, roller skating centers, amusement parks, zip line adventure courses, rock climbing wall centers, go-kart tracks, bowling alleys, indoor sports centers, golf courses, aquatic clubs, camps, martial arts studios, white water rafting companies, concert venues, sports stadiums, resorts, liquor establishments, and more.

With the emergence of sports related concussion claims, Jon advises and represents school districts, colleges, youth leagues, trainers, referees and recreational parks in claims that arise from failure to recognize a concussion and the failure to follow return-to-play protocol.  Further, Jon handles the catastrophic injury related sports and recreation claims sustained by concussions, the second impact syndrome, drownings, and other serious bodily injuries.

Jon also serves as Marshall Dennehey’s representative on the Insurance Law Global Sports and Recreation committee, where he presents and authors articles on emerging sports litigation topics.

On the professional liability side, Jon provides legal counsel and representation to contractors, architects and engineers, accountants, attorneys, insurance brokers, real estate brokers and financial advisors in a wide range of matters including legal malpractice, accounting malpractice, wrongful use of civil process, abuse of process, negligence and breach of contract claims.

Outside of his law practice, Jon serves on the Executive Board of the Richie Ashburn Foundation, which raises funds to provide over 19 free baseball camps and clinics yearly to children throughout the Philadelphia and suburban area.  He works with the Foundation to raise funds to support blind and visually impaired children to play "beep" baseball. 

Jon coached four seasons of Division-I baseball at the University of Pennsylvania. Previously, he coached for nine years at Germantown Academy, where he also was a member of the Board of Trustees (eight years) and served as chair of the sports/athletic committee.  Jon additionally was a head baseball coach at the William Penn Charter School in Philadelphia, and he formerly operated his own winter and summer baseball camps.  

    • Villanova University Charles Widger School of Law (J.D., 1996)
    • Lafayette College (B.A., 1993)
    • Pennsylvania, 1996
    • Pennsylvania Super Lawyers Rising Star (2006-2008, 2010-2011)
    • Germantown Academy, Fort Washington, PA, Board of Trustees (1999-2007)
    • Germantown Academy, Fort Washington, PA, Sports Committee Chair (1999-2007)
    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • Richie Ashburn-Harry Kalas Foundation, Executive Board Member (1998 - present)
    • Insurance Law Global - Sports and Recreation Committee, 2020- Present
    • International Amusement and Leisure Defense Association, Inc. (IALDA), Member
    • Sports and Entertainment Risk Management Alliance, (SERMA), Member
    • Information Gathering for New Claims and Prevention of Spoliation, 5th Annual ideal3 Summit, Minneapolis, MN, June 2026
    • Legal Roundtable, Amusement Industry Manufacturers and Suppliers (AIMS) Conference, Orlando, FL, January 15, 2026
    • Defensibility Strategies – Reduce Liability: Supervision & Documentation, International Adventure & Trampoline Park Association’s (IATP) Annual Conference, September 10, 2025
    • Litigation Basics - The Complaint, Marshall Dennehey Client Webinar, April 17, 2025
    • Legal Roundtable, Amusement Industry Manufacturers and Suppliers (AIMS) Conference, Orlando, FL, January 16, 2025
    • Health Club Claims, Marshall Dennehey Client Webinar, February 5, 2025
    • Florida Tort Reform, Marshall Dennehey Client Presentation, October 1, 2024
    • Concussion: Is the Long Ball Game Finally Finished? ILG 360º London Annual Conference 2023, March 15, 2023
    • Negligent Security Claims, Marshall Dennehey Client Presentation, January 25, 2023
    • Concussion in Sport - Causation and Risk Management in the Spotlight, Insurance Law Global Webinar, October 6, 2022
    • Concussion Litigation - It's Heading Your Way, Insurance Law Global Virtual Conference, March 26, 2021
    • From the NFL to Friday Night Lights...Tackling Concussion Litigation, Philadelphia Insurance Companies, October 4, 2017
    • The Present and Future of Concussion Litigation, Philadelphia Insurance Companies' Continuing Education Program, May 2017
    • Sports Tort Liability and Risk Management, University of Delaware, Sports & Facility Management Department, November 2016
    • What Insurance Professionals Should Know About Emerging Sports Liability Issues, A.M. Best Webinar, October 13, 2016
    • From the NFL to Friday Night Lights...Emerging Youth Sports Concussion Claims and Risk Management, Insurance Casualty Actuaries of New England, April 7, 2016
    • Athletic Risk Management and Concussion Litigation, University of Delaware, Sports & Facility Management Department, October 2015
    • Youth Sports Risk Management, New Jersey Recreation & Park Association's 2015 Annual Conference, Atlantic City, NJ, March 2015
    • Tackling Concussion Litigation, New Jersey Recreation & Park Association's 2015 Annual Conference, Atlantic City, NJ, March 2015
    • Youth Sports Risk Management, University of Delaware, Sports & Facility Management Department, March 2015
    • Tackling Concussion Litigation, University of Delaware, Sports & Facility Management Department, March 2015
    • Emerging Claims -- Youth Sports Concussion Litigation, Casualty Actuarial Society's Centennial Conference, New York, NY, December 2014
    • “‘No-duty’ Rule is Key to the Successful Defense of Sports Injury Lawsuits in Pennsylvania, U.S.A.”, The Sports Bulletin 3rd Edition, Insurance Law Global, August 2024
    • "Parents Are Precluded From Waiving Child's Rights to Jury Trial in Pennsylvania," The Sports Bulletin, 2nd Edition, January 2024, Insurance Law Global 
    • "Appellate decision in the Pennsylvania zipline case may permit general pleadings for recklessness and gross negligence, which may nullify the early effectiveness of the defense of waiver and release," The Sports Bulletin, 1st Edition 2023, Insurance Law Global, March 2023.
    • "Heads Up and Watch Out! Potential Liability for Traumatic Brain Injury Pursuant to the Safety in Youth Sports Act," Defense Digest, Vol. 23, No. 4, December 2017
    • "Boom! Lightning Liability at University Athletic Events," URMIA Journal, September 2015
    • “Fair Game? Legal Exposures Alter the Playing Field for Youth Sports,” Defense Digest, Vol. 21, No. 1, March 2015
    • "Cover All The Bases," Avoiding Youth Sports Injury Lawsuits, Camp Business Magazine, August 2014
    • "Fair Game? Legal Exposures Alter the Playing Field for Youth Sports," PropertyCasualty360.com, May 2014
    • "Court Recognizes Misconduct When Jurors Seek Out Their Own Expert Opinion," Defense Digest, Vol. 11, No. 2, June, 2005
    • "The Witness Immunity Doctrine Does Not Preclude Experts From Being Sued for Professional Malpractice," Professional Liability Underwriting Society, PLUS Journal, May 2000
    • "Obtaining Records With Fewer Headaches," (Co-Author), Defense Digest, Vol. 4, No. 6, 1998
    • "New Procedures Complicate Production of Documents By A Non-Party," Defense Digest, Vol. 3, No. 6, 1997
    • "Pennsylvania Superior Court Rules On Statute of Limitations For Defendants Who Leave The Commonwealth," Defense Digest, Vol. 3, No. 5, 1997
    • "Procedural Difficulties with New Discovery Rule",  MDWCG Legal Malpractice Handbook, October 1998
    • "Effect of Fiorantino on Legal Malpractice Claims for Breach of Contract", MDWCG Legal Malpractice Handbook, October 1998
    • "Legal Malpractice Defense that a Claim is Premature", MDWCG Legal Malpractice Handbook, 1999
    • "Continuous Representation Rule Still Not the Law in Pennsylvania", MDWCG Legal Malpractice Handbook, 1999
    • Success in defending trampoline parks in large loss lawsuits.
    • Success in defending indoor water parks. 
    • Success in defending indoor athletic recreation facility. 
    • Success in defending indoor rock-climbing facilities. 
    • Success in defending amusement parks.
    • Success in obtaining an defense verdict for major league baseball team and a former professional player.
    • Success in obtaining an order to dismiss a multi-million dollar gas station fire lawsuit.
    • Success in defending construction contractor for alleged OSHA violations. 
    • Success in defending a multi-million dollar lawsuit relating to defective fireworks.
    • Success in obtaining a dismissal of a lawsuit against a security guard company.
    • Success in handling multi-million dollar claims and obtaining favorable outcomes.
    • Success in obtaining a dismissal of a legal malpractice case pursuant to plaintiff's failure to comply with the Pennsylvania Rules of Civil Procedure.
    • Success in defending a golf club at trial for premises liability.
    • Success in litigating numerous cases involving school districts and universities involving claims for negligence, discrimination and athletic field liability.
    • Success in obtaining a jury verdict in favor of a major check cashing company.
    • Success in obtaining defense verdict in a wrongful use of civil proceedings claim.

Results

Summary Judgment Secured in a Case Involving a Trampoline Park Injury

We obtained summary judgment in a lawsuit arising from an injury suffered at an indoor trampoline park. During the deposition, the plaintiff admitted that there are inherent risks of engaging in trampoline activities, including the risk of being injured. Under the no-duty rule, a defendant owes no duty of care to warn, protect, or insure against risks which are common, frequent, expected and inherent in an activity. In the motion for summary judgment, it was argued that a trampoline park has no duty to protect patrons from the inherent risks of injury when jumping from a trampoline. The court opined that the no-duty rule was implicated and granted summary judgment in favor of all defendants.

Company Under Fire in Product Liability Suit Had No Duty to Install or Advise to Install New Valves

We were successful on a motion for summary judgment that was granted dismissing all claims against our client, an environmental compliance services and tank testing company, in a case where the plaintiff made an $8.75 million settlement demand. ​The plaintiffs, a minor mother and child, were at a gas station in Philadelphia when a vehicle inadvertently struck a fuel dispenser, knocking it over and causing a fire and explosion. The claims and cross-claims asserted against our client alleged it should have installed or advised the gas station owners to install a valve that would have prevented the fuel leakage that exacerbated the fire. We filed a summary judgment motion arguing that the claims and cross-claims asserted against our client went beyond the scope of the environmental compliance services it was hired to perform such that our client had no duty to either install or advise of installing different valves. The court granted our motion dismissing all claims and cross-claims against our client.

Thought Leadership

Firm Highlights

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.

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.