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Marshall Dennehey Announces 2024 Shareholder Class And Special Counsel Promotions

December 19, 2023

Marshall Dennehey is pleased to announce that 10 attorneys have been elected shareholders of the firm effective January 1, 2024. Additionally, three attorneys have been promoted from associate to special counsel. These new shareholders and special counsel represent the firm's four core departments – Casualty, Professional Liability, Health Care and Workers' Compensation – and come from 8 of the firm's 19 offices.

“This class of newly elected shareholders embodies the traits that make Marshall Dennehey a special place,” said
G. Mark Thompson, Marshall Dennehey’s President & CEO. “They are hard working, dedicated, talented lawyers whose exceptional contributions have been pivotal to the success of the firm and our clients. We congratulate them on their well-deserved promotions and look forward to their future achievements as we continue the firm’s growth.” 

Promoted to Shareholder

ORLANDO, FLORIDA
Peggy Smith Bush, Casualty Department (former Special Counsel)
Peggy is an experienced litigator, advocate and counselor who routinely defends corporations, large self-insureds, and public entities in complex litigation involving claims of personal injury and wrongful death. Clients value the strategic thinking and results-oriented litigation skills she brings to matters involving transportation, premises liability, product liability, negligent security, as well as general liability claims. Peggy is a graduate of the University of North Alabama and Barry University School of Law. She is admitted to practice in Florida, the U.S. Court of Appeals 11th Circuit, and before the U.S. Supreme Court.

PHILADELPHIA, PENNSYLVANIA
Ryan P. Friel, Professional Liability Department (former Associate)
Ryan defends a variety of clients as a member of both the Securities & Investments Professional Liability and Privacy and Data Security Practice Groups. He represents FINRA member firms, registered representatives, and registered investment advisors in state and federal court as well as in FINRA arbitration and expungement proceedings and a wide range of investigations, examinations, inquiries, and enforcement matters. Ryan also defends clients in privacy-related litigation and technology-related litigation, and conducts regulatory investigations across many industries in matters stemming from data privacy and security incidents. He is a graduate of Fairfield University and Syracuse University College of Law. Ryan is admitted to practice in Pennsylvania.

Benjamin M.H. Goshko, Casualty Department (former Associate)
Ben focuses his practice on construction, trucking/transportation, product liability, and hospitality matters. He defends claims on behalf of construction contractors, product manufacturers, property owners, restaurants, and hotels in litigation involving fire losses, negligence, auto accidents, catastrophic injuries, and wrongful death. Ben is a graduate of Temple University and Temple University Beasley School of Law. He is admitted to practice in Pennsylvania and New Jersey. 

Kara A. Pullman, Professional Liability Department (former Special Counsel)
Kara defends employers in claims involving allegations of discrimination based upon age, gender, race, sexual orientation and disability, and also handles retaliation and whistleblower claims in federal and state courts and administrative agencies.  Additionally, she provides counsel to clients regarding employment matters, including ensuring that policies and procedures are legally compliant and up to date. She also defends school districts in cases alleging violations of the IDEA and related federal and state statutes, and has handled numerous special education due process matters. Kara is also experienced in the areas of municipal liability and civil rights and has represented police departments, police officers, and school boards in cases relating to civil rights and discrimination in the state and federal courts. She is a graduate of St. Joseph’s University and Rutgers University School of Law, Camden. She is admitted to practice in Pennsylvania and New Jersey. 

PITTSBURGH, PENNSYLVANIA
Gregory P. Graham, Professional Liability Department (former Associate)
Greg defends corporations and professionals in commercial, construction, and class action litigation. He also defends attorneys in legal malpractice actions involving civil and family disputes, business transactions in the real estate and oil and gas industries, and commercial litigation. Greg's construction practice includes the representation of owners, contractors, and design professionals from defect and commercial loss claims related to the construction industry. Admitted to practice in Pennsylvania, he is a graduate of Michigan State University and the University of Pittsburgh School of Law.


KING OF PRUSSIA, PENNSYLVANIA
Stephen G. Keim, Casualty Department (former Associate)
Stephen represents clients in motor vehicle accidents, premises liability, product liability, business litigation, and professional liability matters. He also has significant experience defending attorneys, real estate brokers and agents, accountants, and architects against professional liability claims. A graduate of Kutztown University of Pennsylvania and the William S. Boyd School of Law, he is admitted to practice in Pennsylvania and New Jersey. 

Christin L. Kochel, Professional Liability Department (former Associate)
Christin focuses her practice on insurance coverage matters and civil litigation, with emphasis on automobile liability and uninsured/underinsured motorist claims. She is also experienced in defending premises liability, homeowner's insurance, minor's compromise, and other general liability claims and suits. She is a graduate of Bloomsburg University and Widener University School of Law and is admitted to practice in Pennsylvania and New Jersey.

ROSELAND, NJ
Heather M. LaBombardi, Health Care Department (former Associate)
Heather concentrates her practice on medical malpractice and health care liability matters. She routinely defends physicians, nurses, health care providers, and medical facilities against medical malpractice claims. She additionally has written several appellate briefs and argued multiple times before the New Jersey Appellate Division. She is a graduate of the University of Miami and earned an M.S. in management from Nova Southeastern University before obtaining her J.D. from Western Michigan University Thomas M. Cooley Law School. She is admitted to practice in New Jersey and New York. 

Paul W. Lanza, Casualty Department (former Associate)
Paul concentrates his practice primarily on trucking/transportation liability, premises/retail liability, and construction injury litigation. He also handles cases involving condominium/community association law, automobile liability, product liability, and malpractice claims against real estate professionals. He is frequently retained by clients to handle the pre-suit investigation of high-exposure cases involving complex issues of fact and law, including fatal commercial vehicle accidents. Paul is a graduate of the University of Notre Dame and Seton Hall University School of Law. He is admitted to practice in New Jersey and New York.

NEW YORK CITY
Andrew Thebaud, Casualty Department (former Associate)
Andrew represents clients in the fields of construction injury litigation, retail liability, product liability, automobile litigation, commercial trucking litigation and property litigation. His clients include construction companies, maintenance companies, retail stores, and product retailers, among other clients. He also handles a significant amount of retail and premises liability cases. He is a graduate of the University at Albany (SUNY) and the University of Virginia School of Law, and is admitted to practice in New York.

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Associates Promoted to Special Counsel

MOUNT LAUREL
Mari I. Gangadean, Professional Liability Department
Mari defends employers in employment-related claims involving allegations of discrimination based upon age, gender, race, sexual orientation, and disability, as well as retaliation and "whistleblowing" in both federal and state courts. She additionally has extensive experience in insurance coverage and bad faith litigation, as well as defending automobile negligence and uninsured/underinsured motorist claims. A graduate of Mount Holyoke College, she earned her law degree from Temple University School of Law. She is admitted to practice in New Jersey and Pennsylvania.

PHILADELPHIA
Angeline C. Panepresso, Casualty Department
Angeline devotes her practice to a variety of litigation matters including premises liability, product liability, automobile liability, and construction liability. She is a graduate of Lehigh University and Widener University School of Law and is admitted to practice in New Jersey and Pennsylvania. 

WESTCHESTER
Sanford G. Jacobs, Casualty Department
Sanford has over 30 years of experience in trucking & transportation liability, general liability, premises liability, motor vehicle liability, construction injury litigation, products liability, and toxic torts. His extensive experience includes handling cases from inception through jury trial throughout the New York Metropolitan area, upstate New York, and the state of Florida. He is a graduate of the State University of New York at Oneonta and Western Michigan University Cooley Law School. He is admitted to practice in New York, the District of Columbia, and Florida. 
 

Firm Highlights

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.

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

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Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.

Thought Leadership

State of Insurance: Q2 Notes From Pennsylvania

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

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 Best Defense is Already in the File: Documentation in Civil Rights Litigation

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Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

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