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Sara W. Mazzolla

Co-Chair, Amusements, Sports & Recreation

Portrait of Sara W. Mazzolla

As a shareholder in our Casualty Department and co-chair of the Amusement, Sports and Recreation Practice, Sara actively defends matters involving premises liability, amusements, sports and recreation, construction, automobile, and condominium/community association law. Sara also defends professional liability claims involving sports coaches and real estate professionals. Sara frequently provides seminars to NAFDMA, IAAPA, SERMA and RSA as well as to carriers and claims professionals.

In her career, Sara has defended Fortune 500 retailers, restaurant businesses, and major hospital networks in New Jersey premises liability actions. Sara routinely represents sports facilities, World and Olympic coaches, athletes, sports teams, and contractors in a wide array of matters.

Through her extensive background in the sport of figure skating, Sara provides a unique perspective to the defense of her sports-related clients. Sara is known for her dedication and consistency in achieving successful results for her clients. She is a former U.S. International Figure Skating Team Competitor, two-time U.S. National Figure Skating Championship Medalist (including winning a National Championship) and World Junior Team Member. Attributing many of her good qualities to her high level and successful participation in sports, Sara enjoys being a role model to young athletes and working with athletes to achieve their goals.

Sara received her juris doctor from Seton Hall University School of Law, where she defended juveniles through her work with the Seton Hall Law, Center for Social Justice, Juvenile Justice Law Clinic. During her time at Seton Hall Law, Sara externed for Judge Edwin H. Stern (on temporary assignment with the New Jersey Supreme Court) and Justice Virginia Long, and drafted memoranda on petitions for certification.

In conjunction with a pro bono organization, Partners for Women and Justice, Sara has successfully represented domestic violence victims in obtaining final restraining orders in New Jersey family court.

Sara is licensed to practice in New Jersey and New York.

    • Seton Hall University School of Law (J.D., 2012)
    • Drew University (B.A., 2002)
    • New Jersey, 2012
    • U.S. District Court District of New Jersey, 2012
    • New York, 2013
    • New Jersey Super Lawyers Rising Star (2021-2022)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • American Bar Association
    • Defense Research Institute (Trucking Law)
    • Essex County Bar Association
    • Morris County Bar Association
    • New Jersey State Bar Association
    • New York State Bar Association
    • Partners for Women and Justice
    • Professional Skaters' Association
    • United States Figure Skating (Former Athletes Advisory Committee Member)
    • The International Amusement & Leisure Defense Association (IALDA), Vice President
    • Successfully obtained a no cause verdict following a one day non-jury trial (conducted virtually) in the Law Division of Hudson County for our client, a national trucking company. Plaintiff alleged the truck swerved into his lane causing property damage. We successfully argued that plaintiff’s identification of the trailer as belonging to our client was not dispositive on the issue of the identification of the company responsible for operation of the truck which was pulling the trailer at the time of the accident. The judge further found the police report was not admissible on the identification of the operator of the vehicle and also that regardless of identification, plaintiff failed to establish the operator was negligent.
    • Obtained summary judgment barring the application of the mode of operations charge in favor of major retailer.
    • Obtained a summary judgment on behalf of rock-climbing facility on the basis that waiver was enforceable and no reasonable jury could find that the client was grossly negligent based on client’s testimony of safety procedures, protocols and equipment in place at indoor rock-climbing facility.
    • Secured summary judgment for breach of contract and indemnification in a premises liability action.
    • Obtained Summary Judgment for a national concert promoter and public entity venue owner. Plaintiff purchased outdoor lawn seats for a concert at the PNC Bank Arts Center in Holmdel, New Jersey. After the show started it began to rain and plaintiff alleged the lawn area became slippery, wet and muddy. Plaintiff attempted to walk down the sloped lawn area towards the stage to buy her husband a beer. While doing so her foot got stuck in mud which formed with the rain and she suffered a severe ankle fracture which was surgically repaired.  The trial Judge dismissed the case on Summary Judgment and found plaintiff’s expert’s report to be unsupported. The court reasoned plaintiff could not present a claim of liability against the operator for failing to prevent the outdoor grass seating area from becoming wet and slippery when it rained. He also reasoned plaintiff could not prove the property was in a dangerous condition as defined by the New Jersey Tort Claims Act. We believe this decision will be helpful in defending other cases at the same venue involving similar facts.
    • Information Gathering for New Claims and Prevention of Spoliation, 5th Annual ideal3 Summit, Minneapolis, MN, June 2026
    • The Pros and Cons of Waivers in Your Rink, RSA Annual Conference, Las Vegas, NV, May 2026
    • Skating Industry Risk Management: Keeps the Good Times Rolling, RIMS Annual Conference, Philadelphia, PA, May 2026
    • Safety and Legal Prep, NAFDMA International Agritourism Association Convention & Expo, February 8, 2026
    • I’m Getting Sued. Now What? NAFDMA International Agritourism Association Convention & Expo, February 9, 2026
    • Risk Management and Understanding the Claims Process, NAFDMA International Agritourism Association Convention & Expo, February 10, 2025
    • Health Club Claims, Marshall Dennehey Client Webinar, February 5, 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Webinar, February 4, 2025
    • Roller Skating and Ice-Skating Management, SERMA, Webinar, December 17, 2024
    • Risk Management, Risk Shifting, & Corporate Formalities, NAFDMA International Agritourism Association, Webinar, July 11, 2024
    • Annual Anti-Discrimination and Harassment Training, Marshall Dennehey Client Webinar, May 18, 2023
    • Partners For Women In Justice

Results

Summary Judgment Won in a Dog Bite Case in New Jersey

We secured summary judgment in a general liability case involving a dog bite. The plaintiff alleged a laceration to the face from a dog bite. The dog was owned by a co-defendant, not by our client, the landlord of the property where the bite occurred. There were no issues of material fact or proof to support a theory of liability under strict or ordinary negligence, and no behavioral signs of aggression were observed by the plaintiff or the property owner’s son who hosted the party where the plaintiff was bitten. We argued that the elements under both theories could not be met, and the judge agreed, granting summary judgment.

Summary Judgment for National Concert Promoter

We obtained summary judgment for a national concert promoter and public entity venue owner. The plaintiff purchased outdoor lawn seats for a concert at the PNC Bank Arts Center in Holmdel, New Jersey. After the show started, it began to rain, and the plaintiff alleged the lawn area became slippery, wet and muddy. The plaintiff attempted to walk down the sloped lawn toward the stage to buy her husband a beer. While doing so, her foot got stuck in mud which formed with the rain, and she suffered a severe ankle fracture that was surgically repaired. The trial judge dismissed the case on summary judgment and found the plaintiff’s expert’s report to be unsupported. The court reasoned the plaintiff could not present a claim of liability against the operator for failing to prevent the outdoor grassed seating area from becoming wet and slippery when it rained. He also reasoned the plaintiff could not prove the property was in a dangerous condition as defined by the New Jersey Tort Claims Act.

Thought Leadership

Case Law Alerts

New Jersey Appellate Division Affirms Dismissal of Slip-and-Fall Suit at Concert Venue

July 1, 2025

The plaintiff claimed she was injured when she slipped and fell on a wet floor at a concert at the Prudential Center. The defendants argued there was no actual or constructive notice of a spill and, therefore, they breached no duty owed to the plaintiff.  The defendants presented uncontroverted evidence of inspection patrols of the area. The plaintiff argued that the defendants had directed her to her seat and had permitted open containers. However, the plaintiff presented no evidence of how long the liquid had been on the floor or its source; therefore, she was unable to establish her theories of liability under basic negligence and mode of operations. The mode of operations did not apply simply because there were open containers handed to customers. In this case, there was no self-service component established by the plaintiff.  In its de novo review, the New Jersey Appellate Division confirmed that the trial court’s ruling was correct and there was “no evidence of a liquid, where it came from, and if it was ever there, how long it had been on the floor.” The appellate panel’s decision summarily dismissed the plaintiff’s negligence claims as to the janitorial entities at the arena.    Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent 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. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Case Law Alerts

New Jersey Court Dismisses Baseball Team’s Fiduciary Duty Claim Against Board Member, Citing Lack of Individual Liability Under Florida Law

April 1, 2025

The New Jersey District Court dismissed the plaintiff’s breach of fiduciary duty claim, applying Florida law to determine that no cause of action existed against an individual board member of a not-for-profit entity. In this suit brought by a minor league baseball team, the Volcanoes, the court dismissed the plaintiff’s second amended complaint, which alleged a single claim for breach of fiduciary duty against an individual defendant, Goldklang, a member of the Board of Trustees.  While the suit arose out of the allegedly undermined negotiations impacting various entities in minor league baseball, the New Jersey District Court determined that a Rule 12(b)(6)—failure to state a claim—dismissal was appropriate when it applied Florida law to determine that there was no cause of action for breach of fiduciary duty against the individual board member. The statute imposed only a limited duty on a not-for-profit entity (the corporation).  The court determined there was no support for the allegation that “the directors of a not-for-profit corporation owe their members—rather than the corporation—fiduciary duties,” and dismissed the action against the individual board member.    Case Law Alerts, 2nd Quarter, April 2025 is prepared by Marshall Dennehey to provide information on recent 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. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Events

Firm Highlights

Thought Leadership

Pennsylvania Supreme Court Holds Self-Referral Prohibition Does Not Cover Prescriptions Written by Physicians with Ownership Interests in Dispensing Pharmacies

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office (State Workers’ Insurance Fund); Nos. 97, 98, 99, 100, 101 MAP 2024; decided June 16, 2026; by Justice Mundy.   In this case, Drs. Miteswar Purewal and Shailen Jalali, treating physicians for workers’ compensation claimants, wrote prescriptions for various medications that were filled by 700 Pharmacy. The worker’s compensation insurer refused to pay for the prescriptions on the basis that they were illegal self-referrals under the Act. 700 Pharmacy subsequently filed fee review applications with The Bureau of Workers’ Compensation Medical Fee Review Office. At a fee review hearing, both physicians stipulated they had a financial interest in the pharmacy.  The physicians argued that the Anti-Referral Provision of the Act does not bar self-referrals on prescription drugs and pharmaceutical services, since the provision does not specifically identify prescription drugs. The Fee Review Hearing Officer rejected this argument and found that prescriptions for medications are prohibited under the “goods or services” language included in the provision. 700 Pharmacy appealed to the Commonwealth Court, and the court affirmed, agreeing with the Hearing Officer’s interpretation of “goods and services” as encompassing prescriptions. 700 Pharmacy appealed to the Supreme Court.  The Supreme Court reversed the decisions of the Hearing Officer and the Commonwealth Court, holding that the term “goods and services” in the Anti-Referral Provision of the Act did not include prescriptions. According to the Court, “goods and services” was not a catch-all, but simply explanatory as to the eight enumerated categories in the provision. The provision (Section 306(f.1)(3)(iii)) reads, in pertinent part: Notwithstanding any other provision of law, it is unlawful for a provider to refer a person for laboratory, physical therapy, rehabilitation, chiropractic, radiation oncology, psychometric, home infusion therapy  or diagnostic imaging, goods or services pursuant to this section if the provider has a financial interest with the person or in the entity that receives the referral. The Court said that if the General Assembly wanted to specifically include prescription drugs and pharmaceutical services in the Anti-Referral Provision, they would have done so. They pointed out that prescription drugs and pharmaceutical services were included by the legislature in Section 306 (f.1)(3)(vi) of the Act as to reimbursement, and claimed that their omission from the Anti-Referral Provision supports the conclusion that those services are not included in the Anti-Referral Provision’s self-referral prohibition.

Thought Leadership

Unanimous New Jersey Supreme Court Holds That Personal Emails of Public Employees and Officials are Subject to OPRA

In Rosetti v. Ramapo-Indian Hills Regional High School Board of Education, the New Jersey Supreme Court unanimously held that government-related emails, which are contained within personal email accounts, are government records under the Open Public Records Act (OPRA), and a log of those emails must be produced when requested. In reaching this decision, the court conducted an analysis of the OPRA and cited previous cases that held that emails do in fact fall within OPRA’s definition of a record and must be produced when requested pursuant to the Act. The court in Rosetti then had to answer the question as to whether public officials’ personal email accounts that are used for government purposes are subject to OPRA, and found that they are. Rosetti made an OPRA request to the Board of Education seeking email logs from Board members’ personal email accounts. The Board refused to produce the logs and indicated that it was not under any obligation to produce personal email account logs, only from government-related email accounts. The issue was whether a log had to be produced for Board members’ personal email accounts, which they used to conduct Board business. The Board argued that while it was possible to create a log for government-related email accounts through its IT Department, it was not possible to do so for personal email accounts. The court rejected this argument and ruled that Board members are required to search their personal email accounts and create a log of government-related emails housed in those accounts. Once completed, each Board member then must submit a certification detailing the searches that were conducted. The court went one step further with a suggestion to government employees and officials, stating, “[g]overnment agencies should strongly advise their employees, elected officials, and others engaged in government-related business to refrain from using their personal email accounts when conducting government-related business.”  Please do not hesitate to contact me with any questions regarding this case and others pertaining to the OPRA. 

Thought Leadership

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

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.