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Wendy R.S. O'Connor

Wendy R.S. O’Connor, an attorney with 30+ years of experience in the defense litigation arena, has practiced in a variety of areas during the course of career, beginning with environmental insurance coverage and pharmaceutical products liability defense. After taking off time to raise her four daughters, one of whom is intellectually disabled, Wendy returned to the practice of law in the area of business litigation for five years before finding her “forever home” at Marshall Dennehey, where she focuses her practice in general casualty defense, retail premises liability and veterinary liability defense.

Representing local, regional, and national clients in trial and at the appellate level, Wendy has honed her written and oral advocacy over a lifetime of practice in the state and federal courts of Eastern Pennsylvania. Wendy is a prolific writer and presenter on litigation trends and has drafted scholarly articles on topics as diverse as the Peer Review Act and motorist cell phone usage as a basis for punitive damages claims. Wendy frequently writes about the practice of law from an interpersonal perspective and has authored articles focusing on client relations, collegiality in the profession, and the importance of mentorship.

Wendy views her role as counsel as both providing a sound, compelling defense as well as shepherding her clients through what can be a stressful and frightening experience. As a former parenting educator, Wendy attended an intensive, fifty-hour course for facilitators that concentrated on communication and has found this training to be an invaluable asset in her legal practice. From a philosophical standpoint, Wendy attributes her success to exhaustive preparation, humility, a hard-won thick skin, and her signature double string of pearls.

A voracious reader, Wendy also enjoys writing about non-legal issues and has authored over one hundred essays on current events, society, and culture. In 2002, Wendy wrote a story for her oldest daughter featuring a family not unlike her own; in the years since, she has penned twenty more such tales which, in addition to her annual scrapbooks, have become family heirlooms. Wendy loves to garden, her Newfoundland dog, Hattie; and her husband of 35 years, Michael, a family medicine physician. 
 

    • Penn State Dickinson Law (J.D., 1989)
    • Mount Holyoke College (A.B., magna cum laude, 1986)
    • Pennsylvania, 1989
    • New Jersey, 1990
    • U.S. Court of Appeals 3rd Circuit, 1990
    • U.S. District Court District of New Jersey, 1990
    • U.S. District Court Eastern District of Pennsylvania, 1990
    • U.S. District Court Middle District of Pennsylvania, 2008
    • Supreme Court of the United States, 2019
    • American Veterinary Medical Law Association
    • Lehigh County Bar Association
    • Northampton County Bar Association
    • Pennsylvania Bar Association
    • Hills and Ridges:  Defending the Snow and Ice Slip and Fall Case in Pennsylvania, Marshall Dennehey Client Presentation, 2019
    • Limited Tort v. Full Tort/Verbal Threshold v. Zero Threshold – Which Option Applies? Marshall Dennehey Client Presentation, 2018
    • A Primer on Legal Malpractice Claims in Pennsylvania, Marshall Dennehey Client Presentation, 2017
    • Blitz on Damages:  Reducing the Plaintiff's Economic Damages Claim, Marshall Dennehey Client Presentation, 2016 
    • The Whittling Away of Protection Afforded Under the Pennsylvania Peer Review Protection Act, Health Care and Health Law Seminar, Marshall Dennehey, November 5, 2015
    • Documenting Your Care: Good for You; Good for Your Patient, Pocono Medical Center Nursing Staff, October 2015
    • Informed Consent After Brady v. Urbas – Taking Another Look, Bar Association of Lehigh County, September 23, 2015
    • Mock Deposition of a Nurse, Pocono Medical Center Nursing Staff, May 2015
    • Beyond Barrick v. Holy Spirit: Guidelines for Expert Witness Communications, Northampton County Bar Association, March 2015
    • Anatomy of a Lawsuit and the Impact of the Internet, October 2014
    • Grievance or Dispute Resolution Clauses, September 9, 2014
    • Oh, What a Tangled Web We Weave: How the Internet Can Make or Break the Medical Professional Negligence Case, 63rd Annual Joint Meeting of the Lehigh County Bar Association and Lehigh County Medical Society, September 9, 2014
    • EMR and Electronic Communications with Patients: When is it Okay to Hit Send?, Pocono Medical Center Grand Rounds, December 2013
    • Litigation Issues Arising From the Use of Electronic Medical Records, Northampton County Medical Society, September 2013
    • Federal Discovery Abuses: Was That Wrong?
    • Getting Paid in a Recession Economy: Tips for the Small Business Owner
    • Documenting the Job: A Guide to AIA Forms for the Construction Manager
    • The Importance of Patient Communication, Sacred Heart Hospital Family Practice Residents, Winter 2012
    • Nursing Care Best Practices, Moravian Village of Bethlehem, Spring 2011
    • Recent Updates from Pennsylvania's Appellate Court: Civil Litigation, 2005
    • Support for Child Advocates, Philadelphia, PA, 1990-1994
    • Obtained a defense verdict at jury trial on behalf of an arts and crafts supply store with respect to its sale of a candle which was left burning unattended and burned down Plaintiff’s home, successfully defending against claims of product defect where candle manufacturer had obtained a joint tort release prior to trial.
    • Obtained a verdict in subrogation action at jury trial on behalf of a commercial trucking company with respect to a tanker truck explosion which occurred during the loading of lubricating oil.
    • Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation of trial court’s order granting summary judgment in favor of sellers accused of failure to disclose defects of residential property.
    • Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation by Commonwealth Court of Pennsylvania of trial court’s dismissal of settlement agreement in action by members of duck hunting club where agreement was found to be ambiguous. 
    • Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation by Superior Court of trial court’s order granting summary judgment in favor of land development company against former partner demanding share of profits.
    • Obtained defense verdict for roofing materials manufacturer against claims by plaintiff for improper installation where plaintiff failed to adduce any evidence that he roofing materials were defective; that roofing contractor was agent of the manufacturer; or that contractor was trained by the manufacturer as to proper installation procedures.
    • Obtained defense verdict on behalf of homeowner where family friend assisting in moving tripped and fell on sidewalk crack where plaintiff admitted to being aware of crack long before moving day and that stepping on crack while carrying large, heavy boxes could be dangerous.
    • Obtained defense award on behalf of home oil heating contractor in case involving allegations of failure to timely deliver fuel oil, resulting in cracked pipes and water leakage.
    • Obtained defense award on behalf of restaurant/bar in case where plaintiff, who began an altercation with an ex-boyfriend, claimed to have been assaulted by bartender/employee.
    • Obtained defense award on behalf of cinema in case where plaintiff claimed to have sustained injury to knee after sitting on allegedly defective movie seat.
    • Obtained defense verdict on behalf of dentist in case where plaintiff claimed to have suffered damage as the result of alleged negligent performance of root canal procedure.
    • Obtained defense verdict on behalf of veterinarian and animal hospital where plaintiff claimed that dog with bradycephalic airway disease died while in hospital’s care.
    • Obtained defense verdict in favor of fast-food restaurant in case where Plaintiff claimed to have chipped a tooth due to presence of a pebble in hamburger.
    • Obtained judgment of non pros due to plaintiff’s failure to prosecute action against attorney sued in malpractice.
    • Obtained summary judgment in a premises liability case where the Plaintiff claimed her mobility scooter tipped over after encountering a pothole in a city street which, she claimed, was caused by our client’s installation of an ADA-accessible ramp on the adjoining sidewalk. Judgment was sought and granted based upon the lack of evidence to show that any act or omission on the part of our client caused or contributed to the formation of the pothole.
    • Obtained summary judgment in favor of janitorial service in slip and fall case against retail bookseller.
    • Obtained summary judgment on behalf of retail grocery store where plaintiff slipped on vendor’s delivery tray, which was sitting on floor, while reaching for loaf of bread on shelf.
    • Obtained summary judgment on behalf of an out-of-possession landlord where door-dash driver slipped and fell on ice while delivering food to tenant.
    • Obtained dismissal of retail grocer in case where plaintiff claimed to have been injured while walking in store parking lot. 
    • Obtained summary judgment on behalf of boxing gym where visiting coach fell from boxing ring.
    • Obtained summary judgment on behalf of entity accused of defamation against candidate for public office by means of alleged internet postings concerning candidate’s alleged conduct.
    • Obtained summary judgment on behalf of landowner in case where plaintiff claimed to have tripped over sidewalk displaced by tree roots.

Results

Summary Judgment Secured in Pennsylvania Motor Vehicle Case

We won summary judgment in a motor vehicle case before the Court of Common Pleas of Northampton County, Pennsylvania. The plaintiff was in the course and scope of her employment at the time of the vehicle collision. She filed a workers’ compensation claim, and the workers’ compensation judge ultimately determined that her alleged injuries were not related to the motor vehicle accident. The plaintiff appealed that decision to the Workers’ Compensation Appeal Board, which affirmed. In her civil action against the driver and owners of the other vehicle, we asserted that the decision of the workers’ compensation judge acted as collateral estoppel with regard to all claims, thus barring recovery by the plaintiff against our client. The plaintiff argued that the right to a jury trial, as guaranteed under the Pennsylvania Constitution, precluded application of collateral estoppel. The trial court disagreed, finding ample case law to support the application of collateral estoppel in such circumstances, and granted our motion for summary judgment.

Defense Knocks-Out Plaintiff

We obtained summary judgment on behalf of a boxing gym. ​The plaintiff, a seasoned boxing coach, claimed to have been injured when he fell out of a boxing ring during a sparring match at the defendant’s gym. The plaintiff asserted that while standing on the apron with his back to the ring, he was struck by one of the fighters and propelled out and onto the floor. He alleged the defendant was negligent because the boxing ring was “too high” and the flooring surface “too hard.” In granting the defendant’s motion for summary judgment, the court found first that the defendant owed no duty to the plaintiff because Pennsylvania law imposes no duty on sports facilities to protect spectators from risks that are common, frequent, and expected, and that the circumstances surrounding the incident eliminate any duty on the part of the defendant. The court also held that there was no evidence to support the plaintiff’s contentions that the boxing ring was too high or that the lack of padding on the surrounding floor was a deviation from an established custom. In fact, the evidence established that the boxing ring complied with national boxing regulations. Accordingly, summary judgment was granted, and the plaintiff did not appeal the decision.

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. 

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.