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Michael L. Turner

Co-Chair, Asbestos Litigation Practice

Portrait of Michael L. Turner

A senior attorney with 40 years of litigation experience, Mike has tried in excess of 200 jury trials to verdict in the state and federal courts of Pennsylvania, as well as other jurisdictions throughout the United States.

Mike is a former member of the firm's Board of Directors, and as a highly experienced litigator and trial attorney, he represents and defends clients in mass torts cases and complex general liability matters.

Mike began his law career in the Philadelphia District Attorney's office where he served as an assistant district attorney for five years. He then joined the civil litigation firm of Krusen, Evans and Byrne in Philadelphia, Pennsylvania. After trying numerous asbestos-related cases, he co­founded the firm of Kelley, Jasons, McGuire & Spinelli in Philadelphia where he focused on the preparation and trial of complex personal injury, products liability, and criminal cases.

    • University of Virginia School of Law (J.D., 1981)
    • Virginia State University (B.A., magna cum laude, 1978)
    • Pennsylvania, 1982
    • U.S. District Court Eastern District of Pennsylvania, 1982
    • U.S. Court of Appeals 4th Circuit, 1993
    • American College of Trial Lawyers, Fellow, 2019
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America®, Mass Tort Litigation/Class Actions – Defendants (2023-2027)
    • The Best Lawyers in America®, Criminal Defense: White-Collar (2024-2027)
    • The Best Lawyers in America©, Commercial Litigation (2026-2027)
    • International Academy of Trial Lawyers, 2023
    • Pennsylvania Super Lawyers (2019-2026)
    • American Bar Association
    • American College of Trial Lawyers
    • National Bar Association
    • Pennsylvania Bar Association
    • Pennsylvania Defense Institute
    • Philadelphia Association of Defense Counsel
    • Moderator, In-House Perspective 2021: Managing Relationships & New Technology From the Inside, Perrin Conference, February, 2021
    • Panelist, Insights on Diversity in the Legal Community, Perrin Conference, November 2016
    • Panelist, Legal Issues Arising in Trial Practice, Lawyers Club Philadelphia, May, 2016
    • How to Retain and Prepare Expert Witnesses, Philadelaphia Bar Institute CLE, March 2015
    • Moderator, Alternatives to Mock Trial: What You Can Learn With Less Cost, Breakout Session, DRI Asbestos Medicine Seminar, November, 2013
    • Panelist, Today's Jury Pool - The Impact of Generation "Y" and the Social Media  Revolution, American Bar Association Litigation Section's Corporate Counsel CLE Seminar, February, 2013
    • How To Conduct Effective Opening And Closing Statements, American Bar Association Section of Litigation, National Conference for the Minority Lawyer, 1999 
    • Seminar, Direct and Cross Examination, Pennsylvania Bar Institute, 1989 
    • Director, Univest Bank 
    • Past President, Germantown Branch Board of Settlement Music School 
    • Past President, Center City Crime Victim Services Board 
    • Defended a local corporation in a case where plaintiff, a carpenter, was electrocuted while setting up scaffolding around defendant's electrical generators. Plaintiff, who was 33 at the time of his injury, suffered closed head injuries and was unable to return to work. Plaintiff's medical bills totaled $750,000. His past and future lost wages were in the millions, and his settlement demand was in excess of $3.5 million. After a six-week jury trial in the Philadelphia Court of Common Pleas, the jury awarded plaintiff $750,000 in damages. 
    • Defended a local insurance agency in a case where plaintiff, an automobile repair shop owner, alleged our client negligently failed to provide him with the proper mix of insurance coverages, including underinsurance coverage. Plaintiff was seriously injured in an automobile accident caused by an individual who had minimal insurance coverage. Plaintiff's medical bills exceeded six figures and his alleged economic losses exceeded seven figures. After a six day trial in the Court of Common Pleas in Philadelphia, the jury found that the Plaintiff was contributorily negligent.
    • Defendant's Motion for Directed Verdict was granted after a three-week jury trial in federal court in Philadelphia. Represented a corporation that at one time manufactured and sold bathtub inserts to hotels throughout the United States. Plaintiff alleged he pulled the grab bar on a bathroom insert which broke, causing him to fall out of the tub, injuring his back, hips, shoulders, and legs and permanently disabling him. Plaintiff's defective design and manufacture claim was dismissed as to the defendant as a result of successor liability arguments. 
    • Defended a national fast food retailer in the Court of Common Pleas of Philadelphia. Plaintiff alleged negligent hiring, negligent retention, and failure to properly supervise. The co-defendant employee falsified his employment application and failed to disclose that he had been convicted of armed robbery. He thereafter allegedly told one of his supervisors at the fast food establishment that he had a criminal record. Months later, co­defendant employee brought a gun to work and showed it to several of his co-workers during their shift. At the end of his shift, co-defendant employee shot and wounded two of his co-workers and killed two other co-workers in a field about 300 yards from defendant's retail establishment. This case settled for a confidential amount on the day of jury selection. 
    • Tried to verdict a one-week reverse bifurcated jury trial in Delaware County, Pennsylvania, where seven mesothelioma cases were consolidated for trial. Two of the plaintiffs were living and five were deceased. Defendants did not contest the diagnoses of mesothelioma or that exposure to asbestos caused the mesotheliomas. Defendants also did not present any medical evidence in the damage phase of the trial. In five of these cases, the jury returned verdicts in the low five figures. In the other two cases, the jury returned verdicts in the low six figures. Defendant was able to settle all of these cases based on the low Phase I verdicts and avoid a Phase II liability trial. 
    • Tried a group of 26 asbestos cases to verdict before a jury in an eight-week trial in state court, Baltimore, Maryland. The plaintiffs' diseases included lung cancer, asbestosis, mesothelioma, colon cancer, and kidney cancer. In all of these cases, plaintiffs presented medical evidence that their injuries were caused by occupational exposure to asbestos. Defendant presented evidence that the plaintiffs' diseases were not caused by asbestos but other causes, including smoking. Defendants received outright defense verdicts in 14 of these cases and minimal verdicts in nearly all of the remaining cases. 
    • Represented a contractor that allegedly installed asbestos-containing pipe covering. Plaintiff alleged his mesothelioma was caused by exposure to the asbestos-containing products of various defendants. This was an all issues trial where plaintiff presented state-of-the-art and failure to warn evidence, as well as evidence on causation. On the eve of trial, all co-defendants settled, leaving contractor alone in the courtroom to defend this matter. Although the jury rendered a verdict for Plaintiff, after setoffs and credits, our client paid zero dollars. 
    • Tried a consolidated group of three asbestos lung cancers cases to verdict before a jury in state court in Philadelphia, Pennsylvania. These cases were reverse bifurcated with damages being tried first. Plaintiffs alleged their lung cancers were caused solely by occupational exposure to asbestos. Defendants alleged Plaintiffs' lung cancers were caused solely by their smoking histories. Our client received outright defense verdicts in two of the three cases and a verdict of $190,000 in the third case. During the liability phase of this third case, Plaintiff alleged his injuries were caused solely by exposure to our client's asbestos product. The jury disagreed and found that our client was liable for only $20,000 of this verdict and that other Defendants were liable for varying amounts. 

Firm Highlights

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. 

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

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.

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.