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Nicole E. Tsiaras

Portrait of Nicole E. Tsiaras

Nicole Tsiaras is an associate in the Casualty Department whose practice focuses on the areas of product liability, premises liability, auto liability, and general liability. She joined the firm as a Summer Associate in June 2023 and continued to work part-time with the firm as a Law Clerk through her final year of law school. 

Nicole earned her Bachelor of Arts degree in Psychology with a minor in Sports Management from The Catholic University of America in 2020. During her time in college, she was a member and team captain of The Catholic University of America Women’s Field Hockey team. 

In 2024, Nicole received her juris doctor from The University of Pittsburgh School of Law. While in law school, she was a member of the Sport and Entertainment Law Society, served as the secretary to the Pitt Law Women’s Association, and was a Pitt Law Ambassador. She was also the recipient of the CALI Excellence for the Future Award – Advanced PA Tort Practice, and a recipient of a merit-based scholarship. Additionally, as a law student, she served as a judicial intern for the Honorable D. Michael Fisher of the United States Court of Appeals for the Third Circuit. 

Outside of the office, Nicole has been a field hockey coach with numerous USA Field Hockey affiliated clubs and training programs, as well as in the local community through recreational and school-sponsored leagues. 

Nicole is admitted to practice law in the Commonwealth of Pennsylvania. 

    • Pennsylvania, 2024
    • University of Pittsburgh School of Law, 2024, J.D.
    • The Catholic University of America, 2020, B.A.
  • Obtained a complete defense verdict in a motor vehicle case involving a plaintiff who sustained a nasal fracture in a rear-end collision caused by an employee of a regional lawn care and outdoor property maintenance company. Liability was admitted, but the plaintiff sought damages for ongoing symptoms and pain and suffering, with a final demand of $300,000. Cross-examination of Plaintiff and Plaintiff’s medical expert established significant inconsistencies and exaggerations regarding plaintiff’s alleged injuries. The Defendant argued Plaintiff failed to meet the applicable threshold for recovery of pain and suffering damages. The jury ultimately found that Plaintiff did not sustain a serious injury or disfigurement and returned a complete defense verdict.

    • “This Is a Story About Control, Co-Owners’ Control: How Simone v. Alam Reshaped the Standard for Indispensable Parties in Premises Liability Actions,” Defense Digest, 2025-09-01, Vol. 31, No. 

Thought Leadership

Defense Digest

This Is a Story About Control, Co-Owners’ Control: How Simone v. Alam Reshaped the Standard for Indispensable Parties in Premises Liability Actions

September 1, 2025

Key Points: The Supreme Court of Pennsylvania recently held that mere ownership does not render a party indispensable in a premises liability action.  The Supreme Court held that the indispensability of a party who co-owns a property that is the subject of a premises liability action hinges on that co-owner’s control and possession of the property.  Recently, the Supreme Court of Pennsylvania established a new rule relative to indispensable parties. Specifically, in Simone v. Alam, 333 A.3d 359 (Pa. 2025), the court held that a tenant in common who did not exercise possession or control over the subject premises is not an indispensable party in a premises liability action.  Nicole Simone, the plaintiff, alleged that she slipped and fall on an area of ice that had accumulated in the common area of a rental property owned and operated by the defendant. At the time of the alleged incident, the property was co-owned by the defendant and his brother, who was not named as a defendant. Despite knowing that the defendant and his brother co-owned the property as tenants in common, the plaintiff never sought to join the brother as an additional defendant. Instead, her position was that the defendant was solely responsible for the hazardous condition that caused her injuries as he was the property owner in possession and control of the premises. After expiration of the applicable statute of limitations, the defendant filed a motion to dismiss, arguing that regardless of his brother’s lack of possession or control over the property, his brother’s status as a co-owner of the property made him an indispensable party. In opposition, the plaintiff maintained that the brother was not an indispensable party as he was merely a co-owner with no possession or control over the operations of the premises as a rental property.  The defendant’s motion to dismiss was granted by the trial court and upheld by the Superior Court of Pennsylvania. Both courts held that the brother’s status as a mere co-owner of the property was enough to render him an indispensable party, thus depriving the trial court of subject matter jurisdiction and requiring dismissal of the action.  On appeal to the Supreme Court, the issue was whether a tenant in common of real property who did not exercise possession or control over the property was an indispensable party in a premises liability action. As part of its ruling on this issue, the Supreme Court analyzed Pennsylvania Rule of Civil Procedure 2227(a), which states that an individual with a joint interest in the subject matter of an action is an indispensable party to that action. The court held that Rule 2227(a) must be construed by its plain language, enforcing that words or phrases that are expressly defined be understood in accordance with such definitions.  Relying on Black’s Law Dictionary, the Supreme Court deconstructed Rule 2227(a) and defined a “joint interest” as one “that is acquired at the same time and by the same title as another person’s.” The court also defined “subject matter” as “the issues presented for consideration; the thing in which a right or duty has been asserted; the thing in dispute.” Using these definitions, the court construed the meaning of Rule 2227(a) to find indispensable parties as those who have the same interest in the issues presented in an action. The court reasoned that the subject matter in a premises liability action is the liability of a possessor of property for the injuries a party has sustained as a result of a hazardous condition on that property. The court held that liability stems from the possession and control of the property, not the ownership. Applying the plain language construction of Rule 2227(a) to premises liability actions, the court ruled that a party is indispensable to a premises liability action when that party has a joint interest in the possession and control of the premises at issue. Given its holdings, the Supreme Court declined to extend the rule set forth in Minner v. Pittsburgh, 69 A.2d 384 (Pa. 1949), reasoning that the rulings in Minner—specifically, co-owners of a property are indispensable parties due to their mere ownership interests in the property—were limited to the facts of the case. The court found that liability in Minner arose from ownership of the property since it was the sole indicator of possession and control over said property.  In distinguishing Minner, the Supreme Court reasoned that the plaintiff’s allegations of negligence in the present matter arose from the defendant’s actions in possession and control of the property, as opposed to his status as a co-owner of the property. The court explained that the abundance of factual support pointed towards the defendant’s position as a sole landlord occupying the premises with intent to control its at-issue common areas.  The court further explained that, as the defendant’s brother was a tenant in common, who did not exercise any possession or control over the property, he was not an indispensable party to the plaintiff’s premises liability action. As such, the court ruled that the lower courts erred in their dismissal of the action. The Supreme Court reversed the decision of the Superior Court and remanded the case to the trial court for further proceedings. The Supreme Court’s ruling in Simone signals that a premises liability case will not be dismissed for failure to join an indispensable party based solely upon an argument of ownership. Instead, attorneys will need to establish that the indispensable party had joint interest in the possession and control of the property.  Nicole is a member of our Casualty Department and can be reached at (412) 803-1164 or NETsiaras@mdwcg.com.    Defense Digest, Vol. 31, No. 3, September 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.