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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

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

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

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.