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Angeline C. Panepresso

Portrait of Angeline C. Panepresso

Angeline is a member of the firm's Casualty Department and handles cases in both state and federal court. She devotes her practice to a variety of litigation matters including premises liability, product liability, automobile liability and construction liability. She joined Marshall Dennehey as a summer law clerk in 2008 and progressed to work within the firm's Aviation Litigation Practice Group, where she represented aircraft operators and owners, maintenance facilities, and component manufacturers in complex litigation matters.  

Angeline has been recognized as a Pennsylvania Super Lawyer Rising Star in the field of Civil Litigation Defense since 2013.

An honors graduate of Lehigh University, she received her juris doctor from Widener University School of Law, graduating cum laude in 2009.  Prior to entering law school, Angeline spent a summer interning at the Philadelphia District Attorney's Office in the Family Violence/ Sexual Assault Unit.  During law school, she interned for the Honorable Thomas J. Reuter, United States Magistrate Judge in the Eastern District of Pennsylvania.

Angeline is admitted to practice in the Commonwealth of Pennsylvania and in the state of New Jersey.  She is also a certified arbitrator in Philadelphia.

    • Widener University Delaware Law School (J.D., cum laude, 2009)
    • Lehigh University (B.A., 2006)
    • New Jersey, 2009
    • Pennsylvania, 2009
    • U.S. District Court District of New Jersey, 2009
    • U.S. District Court Eastern District of Pennsylvania, 2010
    • The Best Lawyers: Ones to Watch®, Personal Injury Litigation - Defendants (2022-2025)
    • The Best Lawyers: Ones to Watch®, Construction Law (2024-2025)
    • Pennsylvania Super Lawyers Rising Star (2013-2019)
    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • “Pennsylvania Pleading Requirements Clarified for Negligent Hiring and Related Claims: Rideshare Companies Have No Generalized Duty to Investigate Drivers,” Defense Digest, Vol. 30, No. 4, December 2024
    • “Narrowing the Scope of Medical Expert Qualifications and Testimony under the Pennsylvania Rules of Evidence,” Defense Digest, Vol. 21, No. 1, March 2015
    • "Catch and Release: A Plaintiff May Expressly Preserve Actionable Claims Against Insurance Agent While Releasing Insurer of Vicarious Liability," Defense Digest, Vol. 16, No. 3, September 2010
    • Successfully moved for summary judgment in numerous personal injury actions, resulting in determinations of non-liability.
    • Obtained favorable rulings on motions for partial summary judgment, resulting in the dismissal of a variety of claims.
    • Successfully moved for dismissal of a premises liability case brought against the owner of a home abutting a common driveway, totally eliminating liability on behalf of the client.
    • Successfully moved to open and strike a default judgment entered against a roofing company and its owner in a personal injury action.
    • Obtained a voluntarily dismissal of all claims against a client after filing a motion for summary judgment.
    • Obtained defense verdict in favor of client, homeowner, at arbitration where plaintiff alleged personal injuries from falling on the sidewalk outside the client's home.
    • Obtained dismissal of all claims against clients, beverage company and driver, where three (3) plaintiffs had alleged personal injuries as a result of a motor vehicle accident involving the beverage company's tractor-trailer, after first obtaining the order to preclude plaintiffs from presenting  evidence against the beverage company and its driver at trial.
    • Obtained dismissal of all claims against client, beverage company, where a plaintiff hotel owner alleged the client's vending machine caused a fire and resulting property damage at its hotel.
    • Obtained dismissal of third-party complaint and cross-claim against client, equipment manufacturer, where plaintiff's decedent suffered fatal injuries while using equipment on the third-party plaintiff's premises.
    • Obtained dismissal of punitive damages claims against clients in actions involving DUI motor vehicle accidents.
    • Sat second chair for jury trial resulting in a verdict in favor of client, airline, whose commercial airplane sustained significant damage when struck by improperly secured equipment at an airport.

Thought Leadership

Defense Digest

Pennsylvania Pleading Requirements Clarified for Negligent Hiring and Related Claims: Rideshare Companies Have No Generalized Duty to Investigate Drivers

December 1, 2024

Key Points: To successfully plead a claim for negligent hiring, retention, or supervision, a plaintiff must plead specific facts establishing: (1) specific instances of prior misconduct on behalf of an employee; and (2) the employer had knowledge of such specific instances of prior misconduct and still chose to hire, failed to terminate, or declined to supervise the driver, thereby exposing the plaintiff to danger. To successfully plead a claim for negligent entrustment, a plaintiff must plead specific facts establishing that a vehicle owner allowed the driver to operate a vehicle with specific knowledge that the driver intended to, or was likely to, use the vehicle in such a way that would harm another. Rideshare companies have no generalized duty to investigate their drivers. If a rideshare company fails to investigate its driver, the inference is that it has no knowledge of its driver’s qualifications, or lack thereof, for purposes of negligent hiring and related claims. In Henry v. Marcelin, 2024 WL 4293055 (E.D. Pa. Sept. 25, 2024), the United States District Court for the Eastern District of Pennsylvania granted partial judgment on the pleadings in favor of the defendant, Lyft, a rideshare company, in a personal injury action arising out of a motor vehicle collision. In doing so, the court clarified the elements necessary to prove the similar, but distinguishable, claims of negligent hiring, retention, and supervision, and negligent entrustment. The court further held that rideshare companies have no generalized duty to investigate their drivers. The plaintiff in Henry asserted a negligence claim against the defendant driver, as well as claims of vicarious liability and negligent hiring, training, retention, supervision, and entrustment against Lyft. Lyft filed a motion for partial judgment on the pleadings, arguing the plaintiff’s negligent hiring, training, retention, supervision, and entrustment claim failed to state a claim upon which relief could be granted under F.R.C.P. 12(c). The court granted Lyft’s motion, holding the plaintiff failed to allege specific facts establishing any prior misconduct or dangerous propensity on behalf of the defendant driver, let alone that Lyft had knowledge of such misconduct or propensity to support such a claim under Pennsylvania law.  In reaching its holding, the court analyzed the plaintiff’s claim of negligent hiring, training, retention, or supervision separately from the claim of negligent entrustment and came to the same conclusion. The court noted that, for the former claim to proceed under Pennsylvania law, a plaintiff must allege specific facts establishing that (1) the employee demonstrated a propensity for misconduct or ill fitness for the position and that, (2) nevertheless, the employer chose to hire, failed to train, declined to terminate, or failed to adequately supervise the employee, thereby putting the plaintiff in danger. The court further noted, although the theories of liability for negligent hiring, retention, and supervision are similar, they all have different elements a plaintiff must plausibly allege to proceed; specifically: To prove negligent hiring, the plaintiff must show that Lyft knew or was on notice of its driver’s propensity for misconduct, but nevertheless hired him, thereby exposing the plaintiff to danger.  A negligent retention claim is similar, but requires the plaintiff to show that Lyft negligently declined to terminate its driver after learning of a dangerous propensity.  To prove negligent supervision, the plaintiff must show that Lyft knew or should have known of a need to supervise its driver, but failed to do so, thereby exposing the plaintiff to danger. Although all of these theories share the requirement that the plaintiff must allege the driver’s prior bad acts would put a reasonable employer on notice of his propensity to injure others, the plaintiff could not meet her burden merely by alleging the driver was “dangerous” or had a propensity for misconduct. Rather, the plaintiff had to allege specific examples of prior dangerous behavior and of Lyft’s knowledge of such behavior. The plaintiff’s complaint, however, included only broad allegations that Lyft hired and retained the defendant driver when it knew or should have known by and through his “prior unsafe conduct, and/or substandard driving conduct” that he was “incompetent and/or unfit to drive a motor vehicle.” The complaint alleged no specific instances of prior misconduct or of Lyft’s knowledge of such misconduct when it chose to hire, declined to terminate, and/or failed to adequately supervise its driver. Thus, the court dismissed the plaintiff’s negligent hiring and related claims. Similarly, the court held dismissal was also warranted on the plaintiff’s negligent entrustment claim against Lyft, which required her to plead specific facts establishing that Lyft (1) permitted the defendant driver (2) to operate its automobile (3) with knowledge that the driver intended to or was likely to use the automobile in such a way that would harm another. The court again found the plaintiff’s complaint included only conclusory allegations that Lyft knew of the defendant driver’s “prior unsafe conduct” without alleging any specific facts to support such allegations and, thus, could not establish a plausible claim for relief.  Finally, and perhaps most significantly, the court held that the plaintiff’s generalized allegations concerning Lyft’s lack of investigation into its driver’s record did not permit a reasonable inference that Lyft knew its driver was unqualified. Rather, such allegations permitted an inference that Lyft did not know anything about its driver’s qualifications because Lyft did not investigate him.  The court then explicitly rejected the existence of any generalized duty on behalf of a rideshare company to investigate its drivers, reasoning that “under Pennsylvania law, lessors—who are arguably similarly situated to Lyft—do not have a duty to investigate a lessee’s driving records unless they affirmatively assume responsibility from their lessee.” Thus, the court held, because the complaint lacked any factual allegations that Lyft affirmatively assumed responsibility for its driver or had specific knowledge of prior misconduct, Lyft was entitled to dismissal without prejudice of the plaintiff’s negligent hiring and related claims and any claim for negligent entrustment. The District Court’s ruling in Henry provides employers with greater clarity on the elements of the similar, but distinguishable, claims of negligent hiring, training, retention, and supervision, and of negligent entrustment. The decision provides a strong argument for a motion to dismiss any such claims—including during the pleadings phase—based on a lack of specific facts or evidence establishing prior misconduct and the defendant employer’s knowledge thereof. The decision also provides defendant employers—and, particularly, rideshare companies—with an argument that it has no generalized duty to investigate its drivers. *Angeline is a member of our Casualty Department. She is a special counsel and works in our Philadelphia, Pennsylvania, office.    Defense Digest, Vol. 30, No. 4, December 2024, 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. © 2024 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

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants