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James P. Hanratty

Portrait of James P. Hanratty

Jim is the managing attorney and Casualty Supervisor for the Jacksonville office.  In this capacity, Jim oversees a team of experienced attorneys handling corporate, commercial and civil litigation matters including workers’ compensation across Northern Florida.

Jim transferred to the Jacksonville office in 2012 after a 23-year career defending manufacturers, hospitals, trucking and transportation carriers, retail establishments and construction professionals throughout Ohio, Western Pennsylvania and West Virginia. Jim is an experienced first-chair trial lawyer and has taken over 150 civil jury trials to verdict since 1989.

In Florida, Jim has put his broad based experience to work by assuming the statewide supervision of matters for key clients in a wide range of cases including products liability, trucking and transportation, commercial premises liability and construction related injuries. Jim continues to handle significant and catastrophic injury cases involving automobile and general liability claims with an emphasis on the defense of brain injury claims. He is also experienced in representing health care professionals in medical malpractice claims. Jim has also expanded his practice to include representing condominium and homeowners associations as well as representing employers in matters involving ADA, FLSA/Wage & Hour, and Title VII before the EEOC and the Florida Commission on Human Relations.

Jim maintains a Martindale-Hubbell rating of AV® Preeminent™, the highest rating for professional competence and was recognized in 2010 as a Super Lawyer. He is board certified in Civil Trial Law by The Florida Bar. Jim is licensed to practice in all state and federal District Courts of Florida.

    • University of Akron School of Law (J.D., 1989)
    • Walsh University (B.A., 1986)
    • Florida, 2012
    • U.S. District Court Middle District of Florida
    • U.S. District Court Northern District of Florida
    • U.S. District Court Southern District of Florida
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America®, Personal Injury Litigation - Defendants (2021-2027)
    • Florida Trend's Legal Elite - Civil Trial (2022)
    • Ohio Super Lawyer (2010)
    • International Association of Defense Counsel
    • American Board of Trial Advocates (ABOTA)
    • American Bar Association
    • Florida Bar Association
    • Jacksonville Bar Association
    • Ohio Academy of Trial Lawyers, 1989-1993
    • Ohio Association of Civil Trial Attorneys (Chair, Insurance Relations Committee, 2002-2007; Chair, Trial Tactics Committee, 2009-2012)
    • Ohio State Bar Association
    • Stark County Ohio Bar Association
    • West Virginia Bar Association
    • Top 5 Challenges Relative to Workers' Compensation Claims, Property and Casualty Claims and For Mediators, FCCI Educational Conference, October 2018
    • Defending Catastrophic Injury Claims - How to Stack the Deck in Your Favor, Marshall Dennehey Florida Claims Symposium – Casino Royale, Tampa, FL, September 20, 2018
    • "Courtroom Warriors" Present: Trying Your Case To A Defense Verdict; "Opening Statements; Making A Good First Impression," Cleveland Association of Civil Trial Attorneys, August 2008
    • Use, Selection of Expert Witnesses, Ohio Association of Civil Trial Attorneys, 2003
    • Insurance Relations Round Table, Ohio Association of Civil Trial Attorneys, 2003
    • Defense of Wrongful Death Case, Ohio Association of Civil Trial Attorneys, 2002
    • Law Office Management, University of Akron, 1992, 1995
    • Insurance Seminar, Ohio Academy of Trial Lawyers, 1992
    • "Reducing Workplace Accident Liability," Wholesale & Distribution International, Winter 2014
    • "Benefits of Involving Counsel When an Accident Occurs," Defense Digest, Vol. 19, No. 2, June 2013
    • "A Defendant's Guide To Approaching Head Injury Cases," Law360.com, February 8, 2013
    • "Benefits of Involving Counsel When an Accident Occurs," Construction Executive, December 2012
    • "Avoiding Headaches in Traumatic Brain Injury Cases," Defense Digest, Vol. 18, No. 4, December 2012
    • "Opening Statements: You Never Have a Second Chance to Make a First Impression," OACTA Quarterly Review, Vol. 2, Issue 4, Winter, 2009-2010
    • "A Momentary Lapse Of Reason In Ohio," Defense Digest, Vol. 14, No. 3, September 2008
    • "Selection, Use, Care and Feeding of Expert Witnesses," OACTA Review, Winter 2002
    • "Discovery In a Slip/Trip and Fall Case," OACTA Quarterly Review, Vol. 33, No. 2, Spring, 1998
    • United States Army Reserve, 1981-1990
    • Obtained summary judgment in a wrongful death and negligent security action involving the off premises murder of an employee. The plaintiff’s decedent was abducted, stabbed, and strangled during her lunch break after leaving the workplace parking lot with a man who had been looking for one of her co workers. We demonstrated that the crime was not foreseeable and that the client owed no duty. The First District Court of Appeal affirmed the order granting summary judgment.
    • A defense jury verdict in a tort/underinsured motorist suit directly against an insurance carrier where the plaintiff claimed brain injury and demanded $1.25 million.
    • Resolution of a wrongful death action against a manufacturer of a forklift by establishing that the incident was not caused by a defect in the product.
    • Resolution of a claim during trial of a dentist who, as a result of an auto accident, was left with neurological damage to her right arm. Economic experts claimed her professional loss due to the inability to practice dentistry was in excess of $3.4 million, but the case was settled during trial for approximately 24% of that number, due in large part to the cross examination of plaintiff's expert revealing several inconsistencies.
    • Supervised and coordinated several protective investigations for national construction firm requiring immediate response and scene inspection within hours of incidents to preserve the evidence and coordinate defenses often leading to the prevention of claims.
    • Successfully coordinated investigation and defense of Japanese manufacturer of industrial machinery in an amputation case leading to dismissal of client before trial.
    • Successfully defended National Restaurant Chain in multi-party litigation involving catastrophic injuries by using social media discovery to defeat emotional distress claims due to scarring.
    • Successfully defended a watercraft manufacturer at jury trial in a product liability action involving allegations of brain injury.
    • Obtained a defense jury verdict in a premises case on behalf of a national tax firm arising from a fall with serious injuries including a fractured femur with placement of intramedullary rod.
    • Obtained a defense jury verdict in a product defect/Magnuson-Moss action alleging personal injury due to inhalation of toxic mold and chemicals.
    • Successfully defended recreational vehicle retailer in multiple claims arising from allegations of product defect and "downstream distributor" claims including successful use of dispositive motions.
    • Successfully defended automobile accident case at jury trial involving catastrophic injuries and liability questions involving complex accident reconstruction issues and vehicle dynamics.
    • Successfully defended regional construction firm at jury trial in claim involving allegations of complex medical conditions arising from a low speed impact accident.
    • Board Certified Specialist, Civil Trial Law, The Florida Bar

Results

Summary Judgment Secured in a Contentious Coverage Matter

We were granted summary judgment in a coverage matter. The plaintiff was seeking UM benefits for a policy he had on a car he owned for an accident that occurred when he was operating a motorcycle he owned, but did not insure. The court confirmed that the policy excluded underinsured motorist coverage for the plaintiff’s motorcycle. The issue was that the definition of “motor vehicle” for the other owned motor vehicle exclusion was not specifically provided in the policy. In the PIP coverage, the policy contained an exclusion for motorcycles because the definition said motor vehicles must have four wheels. The plaintiff argued that the same policy said a motorcycle was not a motor vehicle for PIP coverage, but was a motor vehicle for the other owned vehicle exclusion. This was an ambiguity in the policy that should be interpreted against the carrier. The plaintiff had significant injuries that far exceeded the value of the policy. The court upheld both exclusions and followed our argument that the PIP and UM portions of the policy are separate and distinct and that any definition in the PIP coverage did not necessarily apply to the UM coverage. 

Directed Verdict Secured in a High-Exposure Defamation Lawsuit in Florida

We obtained a directed verdict in favor of our client in a high-risk defamation lawsuit. We were called to try the case on behalf of the CEO of a local chapter of a well-known national nonprofit after the plaintiff was permitted to amend the complaint to seek punitive damages from the CEO personally. The plaintiff was a volunteer at a camp. A decision was made to separate him from the camp and the organization. The plaintiff alleged that the CEO personally defamed him by alerting other volunteers and committees of the decision. He demanded an eight-figure sum prior to trial. After a six-day trial and several hours of argument at the close of the plaintiff’s case, the court granted our motion for directed verdict, ruling that the evidence presented confirmed that the communications by the CEO were covered by a qualified privilege and that, based on cross examination of the plaintiff and his witnesses, the defense established that there was no malicious conduct by the CEO. 

Thought Leadership

Defense Digest

On the Pulse…Jacksonville Office Expands and Leads Litigation Practice in Northern Florida

September 1, 2025

In 2024, the Jacksonville, Florida office celebrated our 20th year by moving to beautiful, new office space. We remain a presence in downtown Jacksonville and continue to cement our position as a premier litigation practice in Northern Florida. The Jacksonville office’s territory stretches from the Atlantic Coast to the Gulf Coast, across the northernmost counties of the state and across two time zones. Our lawyers have leveraged technology to allow us to service our clients’ needs in the most efficient way possible. When travel is necessary, we are perfectly situated to reach our expansive practice area quickly and effectively. The Jacksonville office is made up of talented lawyers working in the firm’s four practice departments: Casualty, Health Care, Workers’ Compensation, and Professional Liability. While only about 3% of all Florida lawyers have the distinction of being Board Certified as Specialists by the Florida Bar, almost 30% of our Jacksonville lawyers hold this honor. These highly-qualified lawyers include Elizabeth Ferguson, the leader of our Architectural, Engineering & Construction Defect Litigation Practice Group, Heather Carbone and Blake Hood, who are certified specialists in workers’ compensation practice, and myself, who works in the Casualty Department and has the honor of being certified as a specialist in civil trials. These distinctions and our commitment to our practices demonstrate the quality of counsel available to our clients as well as the excellent mentoring available to our newer lawyers.  Our newer attorneys are routinely named in the various professional journals lists of up-and-coming, talented attorneys. They are well situated to continue the growth of Marshall Dennehey’s presence in Northern Florida. As we continue to expand, we do so with an eye toward maintaining the Marshall Dennehey culture, which demands that we are not just great lawyers for our clients, but good people to each other, our families, and our opposition. Northern Florida continues to experience rapid and sustained growth, and the Jacksonville office is poised to continue to be a leader in the market as we move forward.  Jim is the managing attorney of our Jacksonville, FL office. He can be reached at (904) 358-4208 and JPHanratty@mdwcg.com.    Defense Digest, Vol. 31, No. 3, September 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 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.

Defense Digest

On the Pulse…Our Jacksonville Office

March 1, 2021

Marshall Dennehey has been an active part of the Jacksonville legal community since 2004. We opened with a few well-known and highly-respected members of the Duval County Bar and have since developed into a vibrant group of attorneys from many walks of life, handling diverse case loads in multiple practice groups. The Jacksonville office is within walking distance of the beautiful Duval County Courthouse, and we can often be found working there. However, we handle litigation far beyond the immediate area, covering an expansive territory across northern Florida, from the Atlantic Coast to the Gulf Coast. One of the founding members of the Jacksonville office is Michael DeCandio. Michael is well known as one of the leading construction defect defense attorneys in the state, regularly representing engineers and architects as well as the trades. Joining Michael in this practice group is Elizabeth Ferguson, a Board Certified Construction Defect attorney who is also recognized as a go-to construction defect lawyer. Elizabeth has a long history of leadership with the bar, and she is a former president of the Jacksonville Bar Association. They are supported by associate Avery Sander, who is active in the Jacksonville Women Lawyers Association, the Florida Association of Women Lawyers and the Chester Bedell Inn of Court. Jacksonville’s newest practice is the Workers’ Compensation Practice Group led by Heather Carbone. Heather and Linda Farrell joined us three years ago as part of the firm’s strategic plan to expand the Workers’ Compensation Department into the state. Heather and Linda provide their clients with unparalleled service through their advocacy, incredible work ethics and professionalism. Kelly Scifres is an associate in the group who is rapidly developing her own client relationships and reputation in the close-knit workers’ compensation bar. Responding to the needs of our clients, in 2019, Corey Setterlund transferred to Jacksonville from our Fort Lauderdale office to provide much needed defense of first-party property cases. Corey is a passionate, dedicated and diligent lawyer for her clients. (Is it any wonder that in her spare time she runs ultra-marathons?) The newest member of the property team is Caitlin Polly, who came over from the dark side (a little defense bar humor) to provide her unique insight and energy to the team. I am fortunate to lead the Casualty Practice Group in Jacksonville. As an attorney with 30+ years of experience and more than 150 verdicts in four states, it is my privilege to watch the attorneys I work with develop and grow their talents to the benefit of our clients. Rob Williams is a Jacksonville native who previously served as in-house counsel for a major casualty insurer. Sean Reeves is a former Army helicopter pilot whose experiences in Iraq and Afghanistan surely contribute to his fearless, warrior spirit in attacking any challenge, no matter how complex. Kathleen Carlson is extremely knowledgeable in the auto defense arena and is relentless in her pursuit of excellent outcomes for her clients while assuring on-time and informative reporting to the carriers. In addition to these primary practice areas, the attorneys in our Jacksonville office also handle employment and health care matters. Whatever your civil litigation needs are, we have the diverse talent, experience, energy, and flexibility to efficiently and effectively handle your litigation throughout north Florida. Please contact me with any questions about your legal needs. We look forward to working with you! *Jim is the managing attorney of our Jacksonville, Florida office. He can be reached at 904.358.4208 or jphanratty@mdwcg.com.   Defense Digest, Vol. 27, No. 2, March 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin 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. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Events

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. 

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

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.