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Ralph P. Bocchino

Chair, Social Services & Human Services Liability Practice

Portrait of Ralph P. Bocchino

A member of the firm since 1980, Ralph P. Bocchino is a senior shareholder and the chair of Casualty Group I in Philadelphia. In this role he oversees the workflow and administration of files for 15 attorneys and support staff.

Ralph has litigated a plethora of civil defense matters in the areas of product liability, premises liability, construction law and defect litigation, and motor vehicle liability including truck and bus accidents. Ralph was formerly the chair of the firm's Amusement, Sports & Entertainment Litigation Practice and, as such, represents amusement parks and entertainment venues.

In addition to his many achievements in the Casualty Department, Ralph has also litigated defamation and legal malpractice cases. He has represented universities, special needs schools, and institutions in claims alleging sexual, physical, and emotional abuse on behalf of the Elwyn Institute and a number of 501(c)(3) non-profit organizations, individual schools and entities in all types of liability, including but not limited to child molestation and abuse. He has also counseled nursing homes in elopement and sepsis cases.

When Ralph started at the firm, he was assigned to handle asbestos matters. At the time, the firm represented Johns Mansville Corporation, the largest producer of asbestos, and Ralph was the youngest attorney in the nation to successfully defend the company. His work earned him the "Order of the Salamander Award" for litigation excellence from Johns Mansville. (Coger v. Johns Mansville Corporation, et al.)

Ralph frequently lectures for the Pennsylvania Bar Institute and the Young Lawyers Association of Philadelphia on current civil procedure and legal issues. Ralph has also lectured at LaSalle University where he taught Real Estate, Business Law and Corporation courses. He has been recognized as a Pennsylvania Super Lawyer consecutively since 2006 and holds an AV® Preeminent™ by Martindale-Hubbell rating for more than 25 years.

If Ralph is not in the office or in a courtroom, he can be found coaching various youth sports teams. Ralph is a licensed soccer coach and licensed referee. He has been coaching soccer for more than 25 years. He is the President of the Hunter Soccer Club, a non-profit youth organization in Glenside, Pennsylvania. Ralph and all of the volunteers at Hunter were honored by the Abington Community Task Force for Hunter's service to youth since 1962. Ralph was elected to the Bishop McDevitt High School "Hall of Fame" for more than 30 years of coaching, refereeing and umpiring youth sports in the community.

    • Temple University Beasley School of Law (J.D., 1979)
    • La Salle University (B.A., 1976)
    • Pennsylvania, 1979
    • U.S. District Court Eastern District of Pennsylvania, 1979
    • U.S. Court of Appeals 3rd Circuit, 1981
    • Supreme Court of the United States, 1984
    • AV® Preeminent™ by Martindale-Hubbell®
    • Pennsylvania Super Lawyer (2006-2022)
    • Honored Member of Who's Who in Practicing Attorneys (1990)
    • "Order of the Salamander Award," 1990
    • American Bar Association
    • Justinian Society
    • Lawyers Club of Philadelphia
    • Pennsylvania Bar Association
    • Pennsylvania Defense Institute
    • Philadelphia Bar Association
    • Obtained summary judgment in a premises liability slip and fall case after their initial Rule 1036 motion had been denied. The plaintiff alleged that a metal protrusion from our clients’ property created a dangerous condition on a Philadelphia street. We first moved to dismiss on April 24, 2025, arguing that our clients had no affiliation with the property, but the court denied the motion as outside the scope of Pa.R.C.P. 1036. After efforts to secure a stipulation of dismissal were unsuccessful, we filed a second motion on December 10, 2025, asserting prejudice following the close of discovery. The Court ultimately granted the motion, resulting in summary judgment for our clients.
    • Successfully secured reconsideration following the denial of summary judgment motion in a construction accident case. The plaintiff, represented by a prominent personal injury firm, demanded $35 million. Though the court initially denied summary judgment, the team argued for reconsideration following the Pennsylvania Supreme Court’s decision in Yoder. Two weeks before jury selection, the Court of Common Pleas granted our motion—an outcome that is highly uncommon in Philadelphia—providing a decisive victory for our clients.
    • Defense verdict for manufacturer of concrete mixers in a suit claiming defective design in a truck roll-over matter.
    • Defense verdict for a garbage truck manufacturer for alleged defective design and failure to warn a truck driver who fell from the truck and required multiple surgeries.
    • Represented a personal care home in an elopement case where a resident left the premises and was found three weeks later drowned in the Delaware River. The court granted a compulsory non-suit based on the law of Pennsylvania and personal care homes.
    • Defense verdict on behalf of a manufacturer of a saw when a worker inadvertently sawed off part of his arm in a work-related accident.
    • Was the first attorney in Philadelphia to have an Azzarello hearing granted in a product liability case. A hearing was conducted before trial and then after the motion was granted, trial was commenced with product liability removed from the case, and a defense verdict was rendered thereafter by the empanelled jury. [Azzarello deals with having a court decide if a product is defective before trial, as a matter of law and fact.]
    • Received a defense verdict representing a 'mom and pop' hair salon when one of the customers claimed that they had a severe fall down the salon steps and required a hip replacement and knee replacement surgery.
    • Defense verdict received in representing an amusement park where a teenager drowned.
    • Defense verdict in a ski death case in upstate Pennsylvania.
    • Defense verdict in an asbestos case representing Johns Mansville Corporation, the largest manufacturer of asbestos products in the world in Philadelphia County, in 1980.
    • Defense verdict for an amusement park where a young child had severe lacerations and fractures from being injured in a sliding board accident.
    • Defense verdict in a gymnastics accident involving allegations of torn hamstrings, ruptured piriformus muscle and low back surgery following alleged improper stretching and warm-up exercises by a gymnastics instructor and coach.
    • Argued before the United States Court of Appeals for the Third Circuit in an elevator accident case trying to maintain a Rule 50(A) Motion, which was granted at trial by the trial court, involving multiple back surgeries following an elevator accident.
    • Two defense verdicts in fraud matters involving staged automobile accidents.
    • Hills and Ridges Doctrine and discussion of Collins v. Philadelphia Suburban Development Co., Client Seminar, May 2018
    • Lights, Camera, Evidence!, Pennsylvania Bar Institute (PBI), Philadelphia PA, December 5, 2017
    • Accident Prevention and Investigation: Strategies for Risk Mitigation, Client Presentation, April 2017
    • Risk Shifting and Indemnity and Additional Insured Status, Ohio Casualty, April 2013
    • Nuances of the Political Subdivision Torts Claims Act, Ohio Casualty, April 2013
    • Dram Shop Liquor LiabilityMarkel Insurance Co. and Markel International Insurance, August 2011
    • The New Fair Share Act, Markel Insurance Co. and Markel International Insurance, August 2011
    • Comparative Negligence Act of Pennsylvania; Alternatives in Discovery; Jury Verdicts and Jury Issues in Philadelphia and Outlying Counties, Ohio Casualty, April 2010
    • Potpourri, "The Black Box," discuss varying topics including computer chips and information, equipment in various vehicles, automobiles, and trucks (2005/2007).
    • Discovery, Rules of Civil Procedure and Bad Faith in Pennsylvania, Pennsylvania Bar Institute
    • Releases and Uniform Contribution Among Joint Tortfeasors Act, LaSalle Alumni Law Luncheon
    • Discovery Techniques and Trial Techniques, Young Lawyers Association of Philadelphia
    • Risk Shifting and Indemnity and Additional Insured Status, Ohio Casualty, April 2013
    • “MAP-21 and the Role of Black-Box Recorders in Discovery,”  The Legal Intelligencer, June 5, 2012
    • "When Pucks and Foul Balls Fly No Duty Rule of Pennsylvania," Pennsylvania Law Weekly, 2002
    • "Punitive Damages and Deceased Defendants," Pennsylvania Law Weekly, March 8, 1999 and, Defense Digest, Vol 4, No. 6, 1998
    • "The Blizzard's Backlash: A Symposium on Issues Confronting Pennsylvania and New Jersey Property Owners," Co-Author, Defense Digest, March, 1996
    • "Challenges to Venue Produce Positive Result," Defense Digest, Fall, 1992
    • Obtained summary judgment in a premises liability slip and fall case after their initial Rule 1036 motion had been denied. The plaintiff alleged that a metal protrusion from our clients’ property created a dangerous condition on a Philadelphia street. We first moved to dismiss on April 24, 2025, arguing that our clients had no affiliation with the property, but the court denied the motion as outside the scope of Pa.R.C.P. 1036. After efforts to secure a stipulation of dismissal were unsuccessful, we filed a second motion on December 10, 2025, asserting prejudice following the close of discovery. The Court ultimately granted the motion, resulting in summary judgment for our clients.
    • Successfully secured reconsideration following the denial of summary judgment motion in a construction accident case. The plaintiff, represented by a prominent personal injury firm, demanded $35 million. Though the court initially denied summary judgment, the team argued for reconsideration following the Pennsylvania Supreme Court’s decision in Yoder. Two weeks before jury selection, the Court of Common Pleas granted our motion—an outcome that is highly uncommon in Philadelphia—providing a decisive victory for our clients.
    • Defense verdict for manufacturer of concrete mixers in a suit claiming defective design in a truck roll-over matter.
    • Defense verdict for a garbage truck manufacturer for alleged defective design and failure to warn a truck driver who fell from the truck and required multiple surgeries.
    • Represented a personal care home in an elopement case where a resident left the premises and was found three weeks later drowned in the Delaware River. The court granted a compulsory non-suit based on the law of Pennsylvania and personal care homes.
    • Defense verdict on behalf of a manufacturer of a saw when a worker inadvertently sawed off part of his arm in a work-related accident.
    • Was the first attorney in Philadelphia to have an Azzarello hearing granted in a product liability case. A hearing was conducted before trial and then after the motion was granted, trial was commenced with product liability removed from the case, and a defense verdict was rendered thereafter by the empanelled jury. [Azzarello deals with having a court decide if a product is defective before trial, as a matter of law and fact.]
    • Received a defense verdict representing a 'mom and pop' hair salon when one of the customers claimed that they had a severe fall down the salon steps and required a hip replacement and knee replacement surgery.
    • Defense verdict received in representing an amusement park where a teenager drowned.
    • Defense verdict in a ski death case in upstate Pennsylvania.
    • Defense verdict in an asbestos case representing Johns Mansville Corporation, the largest manufacturer of asbestos products in the world in Philadelphia County, in 1980.
    • Defense verdict for an amusement park where a young child had severe lacerations and fractures from being injured in a sliding board accident.
    • Defense verdict in a gymnastics accident involving allegations of torn hamstrings, ruptured piriformus muscle and low back surgery following alleged improper stretching and warm-up exercises by a gymnastics instructor and coach.
    • Argued before the United States Court of Appeals for the Third Circuit in an elevator accident case trying to maintain a Rule 50(A) Motion, which was granted at trial by the trial court, involving multiple back surgeries following an elevator accident.
    • Two defense verdicts in fraud matters involving staged automobile accidents.
    • OSHA 10-Hour Construction Certification

Results

Dismissal Secured in Food Poisoning and Hepatitis A Case

We successfully obtained dismissal of their client in a death-from-food-poisoning and hepatitis A case. The plaintiff, Joyce Neeld, executrix of the Estate of Alfred Neeld, alleged that Mr. Neeld passed away due to an outbreak of hepatitis A in southeast Pennsylvania, which was widely covered by the news at the time. The plaintiff, who claimed that Mr. Neeld passed away after eating at Gino’s Pizzeria and Ristorante, was seeking several million dollars from every food provider that served the restaurant, including our client. Fortunately, the plaintiff stipulated to our dismissal.

Summary Judgment Granted in Major Jury Case Involving Serious Injuries

We successfully argued a motion for summary judgment on a major jury case where we represented a tenant shop owner. The plaintiff opposed our motion, alleging, inter alia, serious injuries to a shoulder and surgery. There were many moving pieces in this case, including indemnity issues, an alleged triple net lease and joinder after the statute of limitations. The plaintiff tripped and fell on a sidewalk that was under repair outside of our client’s store. We were joined by the original defendant, the landlord. We argued the plaintiff had no direct cause of action against us as we were joined after the statute of limitations; there was no evidence of record of our involvement as plaintiff did not visit our store; we were not responsible for the sidewalk repair; and the original defendant landlord was responsible for the sidewalk in question as the lease was ambiguous as to who was responsible for external repairs.   

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.