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Christopher B. Block

Co-Chair, Real Estate E&O Liability Practice

Portrait of Christopher B. Block

Chris actively defends matters for a variety of clients from individuals to small businesspeople to medium sized and large insurance companies throughout New Jersey and New York. His practice includes matters involving premises liability, product liability, amusements, sports and recreation, construction accidents, automobile, condominium/community association law and dram shop/liquor liability. He also represents home inspectors and real estate agents involved in mold and other environmental claims. Chris defends professional malpractice matters brought against lawyers, real estate professionals, insurance agents and brokers, appraisers, architects and engineers. He has also defended a wide range of employment matters including the defense of gender and race claims.

Christopher has conducted over a dozen jury trials in state and federal venues in both New Jersey and New York, including most recently in Union and Morris counties in New Jersey. At trial he has litigated matters that range from complicated federally based legal malpractice claims to state court casualty cases.

In his career, Chris has defended product liability lawsuits brought against one of the nation's largest crane manufactures and freezer manufacturers. His representation extends to some the nation's largest insurance companies as well as a large brokerage firm.

Chris received his juris doctor from Widener University School of Law and a Bachelor of Science from the University of Pittsburgh. He is admitted to practice in New Jersey and New York.

    • Widener University Delaware Law School (J.D., 1996)
    • University of Pittsburgh (B.S., 1993)
    • New Jersey
    • New York
    • U.S. District Court District of New Jersey
    • Litigation Management Institute, Graduate 2019 (CLMP)
    • Certified Claims Professional (CCP), Claims and Litigation Management Alliance (CLM)
    • New Jersey Bar Association
    • New York Bar Association
    • Professional Liability Defense Federation (PLDF), Director of Membership Development
    • Claims and Litigation Management Alliance (CLM)
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, September 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Presentation, April 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Webinar, February 4, 2025
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, September 2024
    • The Seven-Ten Split Mock Trial: Navigating Agent Errors & Omissions, The Annual Professional Insurance Agents (PIA) Conference, Atlantic City, New Jersey, June 2, 2024
    • Emerging Claims Against Home Inspectors, Marshall Dennehey Client Seminar, March 9, 2022
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, Virtual, 2021
    • Civil Litigation State of AffairsThe Impact of COVID-19 in Pennsylvania and New Jersey & What’s Next, Marshall Dennehey Client Webinar, May 2021
    • Casualty Claims Evaluation, CLM Claims College School of Casualty Claims – Level 1, Virtual, 2020
    • Anatomy of a Real Estate Transaction: How Actions of Participants Give Rise to Claims, Client Presentation, July, 2019
    • Defending Real Estate Agents, Title Agents and Home Inspectors, PLDF Annual Conference, New Orleans, LA, October, 2018
    • Expert Witnesses - Using New Jersey Court Rules To Your Advantage, National Business Institute, Newark, NJ, November 2015
    • Top Ten Ways to Keep Your PL Claims Professional Happy , PLDF Annual Conference and CLE/CEU Presentation, Washington, DC, September, 2014
    • Ethical Claim Negotiations, CEU Institute, Parsippany, NJ, January 2014
    • Primer on Claims and Risk Management Issues for Real Estate Agents and Home Inspectors, PLDF Annual Conference and CLE/CEU Presentation, Chicago, IL, October 2013
    • Liabilities and Obligations for Real Estate Professionals, Lorman Education Services, September 2012
    • Obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent.   
    • Obtained a defense verdict in a one week trial in Hudson County, New Jersey in a case where plaintiff alleged that the defendant insurance producer failed to alert plaintiff of a policy coming up for renewal and then failed to advise plaintiff that the policy had lapsed and that plaintiff had no insurance. The plaintiff claimed that defendant breached a duty of care in a claim for professional negligence. Due to the breadth of the insurance policy at issue, the claim against the defendant was for $500,000. Christopher argued and was able to establish that any potential breach of contract or breach of a professional duty of care was not the proximate cause of plaintiff’s damages. After an hour and fourteen minutes, the jury agreed and found that plaintiff could not establish a proximate cause between the alleged breach of a duty of care and plaintiff’s damages. 
    • Obtained summary judgment in Hudson County in favor of a project manager in a serious bicycle accident lawsuit. Plaintiff was thrown off his bike after striking a significant pothole in front of a building where our client performed work several years earlier. We successfully argued that plaintiff’s alleged attempts to connect our client with the existence of the pothole were far too attenuated to be of any assistance to a jury. Following oral argument, Judge agreed and granted summary judgment.
    • Successfully won a motion to strike plaintiff’s expert in a complicated New Jersey professional malpractice matter. In this case, following two rounds of briefing and two rounds of oral argument, the court agreed that plaintiff’s expert’s opinion was a net opinion and did not provide any substance or evidence of a lack of a duty of care.  
    • Obtained a summary judgment on behalf of our client. The plaintiff was injured when she fell from a 25-foot rock-climbing wall at our client's facility.  After reaching the summit of the wall, plaintiff, a certified climber, pushed off to begin repelling down, only to realize that she forgot to connect to the auto-belay system.  She proceeded to fall to the ground and fractured both ankles for which she underwent open reduction internal fixation surgery.  Plaintiff had previously visited the client's facility approximately 35 times and had executed a liability waiver on each occasion, including the date of the accident.  We moved for summary judgment to dismiss plaintiff's Complaint based on the fact that the liability waiver was enforceable.  Plaintiff argued that the liability waiver was only enforceable as to her claims of ordinary negligence and that the issue of whether the defendant was grossly negligent was a triable issue of fact.  However, we successfully argued that no reasonable jury could find that the client was grossly negligent based on the client's testimony of the safety procedures, protocols and equipment in place at the rock-climbing gym. Accordingly, the Court granted our motion for summary judgment dismissing plaintiff's Complaint, in its entirety, against the client.
    • Successfully defended the manufacturer of a manlift in a wrongful death product liability claim where the plaintiff, the lift operator, was crushed in the lift.
    • Obtained a dismissal in a legal malpractice claim in federal district court of New York where fraud and damages in excess of $8 million dollars were alleged.
    • Represented a national broker dealer in a New York Labor law claim where serious multiple bodily injuries were alleged. All claims were favorably resolved.
    • Negotiated stipulation of dismissal with prejudice without any monetary contribution in favor of large national crane company sued in a wrongful death matter.  Plaintiff's widow claimed the crane malfunctioned causing a fatality.
    • Successfully resolved a claim against a real estate agent for failure to disclose a known conflict during dual representation including allegations of consumer fraud and forgery.

Results

Defense Verdict Returned After Short Jury Deliberation in High-Exposure New Jersey Trucking Case

Christopher Block and Paul Lanza (both of Roseland) successfully obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent. The trial team was assisted by associate attorney Haleigh Catalano and paralegal Kelly Dermody who provided critical support with motions in limine and trial management.

Summary Judgment Secured in New Jersey Water Damage Case

We achieved summary judgment for our client, a commercial plumber, in the Cape May County Superior Court. The plaintiff alleged water leakage in the parking garage of a beach resort hotel resulted from defective plumbing work by the defendant. Specifically, the plaintiff argued that improper connections between the plumber’s pipes and the drainage system caused the leaks. The defense motion for summary judgment demonstrated that the defendant’s scope of work was limited to garage plumbing, performed according to specifications and unrelated to the waterproofing membrane or drainage system design flaws identified as the cause of the leaks. The court granted summary judgment, holding that the defendant owed no duty to the plaintiff beyond the limited scope of their work and dismissed all claims. The court denied the plaintiff’s motion for reconsideration.   

Thought Leadership

Legal Updates for Real Estate E&O Liability

Protecting Real Estate Professionals with Renewed Strength and Expanded Reach

November 1, 2025

We are excited to announce the reinvigoration of our Real Estate Professional Liability defense team, servicing clients in eight states including Delaware, Florida, Maryland, New Jersey, New York, Ohio, Pennsylvania and West Virginia. Our Real Estate E&O Liability Practice Group represents real estate professionals and related service providers in high-stakes civil litigation across a wide range of claims. We have extensive experience defending real estate brokers, agents, and REALTORS® against malpractice and breach of duty allegations stemming from residential and commercial transactions, as well as those who play critical roles in facilitating these transactions, including title agents, abstractors, surveyors, mortgage brokers, appraisers, home inspectors and title insurance companies.  Our attorneys understand the complexities of real estate law and the nuances of professional standards in each of the jurisdictions in which we practice, allowing us to craft targeted defenses that protect our clients’ reputations and livelihoods. We are creative, proactive and strategic, working closely with our clients and their insurers to craft a formidable defense, often helping to resolve matters through negotiation or early motion practice pre-suit. When litigation is unavoidable, we bring deep courtroom experience and an unwavering commitment to defending our clients through trial and appeal, if necessary. We know that for professionals involved in real estate, litigation can be both financially and professionally disruptive. That’s why we prioritize efficient case management, cost-effective strategies and clear communication throughout the life of a case. Our goal is always to protect our clients’ interests while minimizing the impact on their business operations and professional standing. With a team that blends deep legal knowledge and real-world insight into the real estate industry, we are trusted counsel to professionals facing complex and often emotionally-charged disputes. Whether the matter involves a multimillion-dollar commercial deal or a single-family home transaction, our attorneys bring the same level of dedication and attention to detail. We are proud to be a reliable defense partner for real estate professionals and the businesses that support them. When your work is under scrutiny, you need a legal team that understands the stakes—and how to win.  Legal Update for Real Estate E&O – November 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Legal Updates for Insurance Agents & Brokers

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

June 27, 2025

On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing services within the scope of their professional licensure. The decision resolved a lingering question as to whether Shaw v. Shand, which narrowed the scope of the CFA’s learned professional exception and held that licensed home inspectors were not exempt, had implicitly overruled or undermined Plemmons v. Blue Chip Insurance Services, a long-standing case holding that insurance producers are not subject to CFA liability due to their regulated, semi-professional status. Lowe arose from a dispute involving a neurosurgeon who alleged that his longtime insurance brokers failed to properly advise him about the scope of coverage under various disability insurance policies. After benefits were denied, the plaintiff filed suit, asserting, among other things, claims for professional negligence and a violation of the CFA. The trial court granted the defendants’ motion to dismiss the CFA claim, relying on Plemmons, which held that insurance brokers, as semi-professionals subject to rigorous statutory and regulatory oversight, are not subject to CFA liability for services rendered in their licensed role. On appeal, the plaintiff argued that Shaw v. Shand rejected the premise that semi-professionals could qualify for CFA immunity and, thereby, narrowed the exemption to only those historically recognized as learned professionals, such as doctors and lawyers. The Appellate Division disagreed, reaffirming Plemmons and holding that Shaw did not overrule it. The panel emphasized that Shaw involved home inspectors, not insurance producers, and that its discussion of the learned professional exception was not intended to apply beyond the context of that case. The court found no basis to depart from the established principle that insurance producers are exempt from CFA claims arising out of their professional services, particularly where they are governed by a detailed regulatory scheme. The panel also noted that the Legislature has not acted to modify or abrogate Plemmons since it was decided in 2006. That continued legislative silence, the court reasoned, reinforces the conclusion that insurance producers remain outside the scope of the CFA when acting in their licensed capacity. Although the opinion is currently unpublished, it may be approved for publication in the future and is likely to carry significant persuasive weight in trial courts throughout the state. It provides important clarification for insurers, brokers and litigants by confirming that the CFA does not apply to the core functions performed by licensed insurance professionals. Impact This decision offers welcome clarity to insurance professionals and defense counsel, particularly in light of inconsistent trial-level interpretations following Shaw. By reaffirming Plemmons, the New Jersey Appellate Division confirmed that insurance producers are not subject to CFA liability when performing licensed services, even in the face of arguments that Shaw narrowed the scope of the professional exemption. Lowe reinforces the separation between consumer fraud claims and professional malpractice, and it provides a strong basis for motions to dismiss CFA claims currently pending against brokers. While unpublished for now, Lowe is poised to become a key authority in resolving the applicability of the CFA in professional services litigation.    Legal Update for Insurance Agents & Brokers- June 27, 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

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

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.

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

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.