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Steve is a member of the Casualty Department, where he focuses on automobile liability, premise and retail Liability, and product liability.

Prior to joining Marshall Dennehey, Steve spent over six years in criminal prosecution. This provided Steve with significant trial experience, ranging from simple one day, one defendant trials, up to more complex seven-day, four co-defendant trial. 

Steve served in the United States Marine Corps for eight years, where he led an Infantry Assaultman section. He completed four combat deployments—three to Iraq and one to Afghanistan—and received multiple personal awards, including the Navy Achievement Medal and the NATO Service Medal. 

    • Penn State Dickinson Law (J.D., 2018)
    • Florida Atlantic University (B.B.A., 2014)
    • Pennsylvania, 2019
    • U.S. District Court Middle District of Pennsylvania, 2025
    • “Dealing With Snow in Summer,” Defense Digest, 2025-09-01, Vol. 31, No. 3

Thought Leadership

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Defense Digest

Dealing With Snow in Summer

September 1, 2025

Key Points: Landlords should ensure that their leases are clear regarding who has the responsibility for snow and ice removal.  If a lease is ambiguous, the landlord could face liability should a slip and fall occur due to slippery conditions caused by snow and ice.  The lease should indicate who has the responsibility for snow and ice removal, as well as specifically state what areas that responsibility applies to.  When most people think about summer, thoughts of taking a trip to the beach, heading to the nearest amusement park, or cooking burgers on the grill likely come to mind. But if you are a landlord, you should take some time in the summer to prepare for the snow. Snow brings with it the potential for slippery conditions that could cause a slip and fall which could ultimately lead to being sued. Many landlords may feel that they do not need to be concerned about snow and ice because they believe that their leases address the responsibility for snow and ice removal, but that may not be the case if a lease does not sufficiently place this responsibility on the tenant. Here are some “blasts” of ice and snow from the past that illustrate this point and provide some present-day, summer guidance for landlords. In Stuski v. Philadelphia Authority for Industrial Development, 162 A.3d 1196 (Pa. Cmwlth. 2017), the Commonwealth Court of Pennsylvania addressed premises liability in the context of a slip-and-fall incident, holding that a property owner leasing to the City was not liable because the lease clearly assigned maintenance duties, including snow and ice removal, to the tenant. The plaintiff, a City worker, slipped and fell in the parking lot where he parked his car. He brought a negligence action against the property owner, who was leasing the property to the City, which included the parking lot where the plaintiff fell.  Pivotal to the landlord’s success was the fact the lease was clear regarding the duties of both parties. The lease clearly put the responsibility for snow and ice removal on the City and was specific as to the locations where the City was responsible for snow and ice removal. The lease was supported by email communications in which the City acknowledged that it would be responsible for snow and ice removal. There was also deposition testimony that only City workers were ever observed removing snow from the parking lot. In deciding the case, the court noted that liability is not premised merely on ownership but, rather, on possession and control. When an owner leases out parts of a building, the landlord is responsible for those areas not specifically leased or in absence of a contrary provision in the lease. The court determined that the lease was clear regarding the City’s duty to remove snow and ice from the parking lot and that the property owner could not be held liable for the fall.  The key for landlords is to make sure that their leases are not ambiguous regarding who is responsible for snow removal. For example, in Eisbacher v. Maytag Corporation, 2017 WL 947606 (Pa. Super. Mar. 9, 2017), the court determined there was a genuine question regarding who controlled an area and, therefore, who was responsible for the removal of snow and ice that caused an injury.  The lease in Eisbacher made the landlord responsible for snow removal of the common areas, parking areas, loading areas, and roadways. A drawing was included in the lease that indicated what areas of the property were considered common areas. There was also a contract with a snow removal service. The incident in question involved a trailer drop lot, which was not indicated as a common area in the drawing that was included with the lease. The tenant of the property had the ability to move trailers in the drop lot.  The court determined that it was unclear who had the authority to request that the snow removal company come to the property to plow. Since the lease was not clear on who had control of the drop lot and the responsibility for ensuring snow and ice were removed from that lot, the court determined that it was ultimately up to the jury to determine who had control over the drop lot; therefore, neither the landlord nor the tenant could escape potential liability.  In Schouppe v. Upright, 2019 WL 6701763 (Pa. Super. Dec. 9, 2019), the court again addressed whether a lease was ambiguous regarding who had the responsibility for snow and ice removal. Therein, the plaintiff slipped and fell on a patch of snow and ice on land that was leased to a post office. The lease provided a detailed list of the areas that the post office agreed to furnish and pay for snow removal. The lease made the landlord responsible for snow removal for the roof, as well as maintenance and repair of all common areas. The plaintiff claimed that the lease could not be used to shield the landlord from liability because the landlord had the responsibility for maintenance and repair of the area where the fall occurred.  The court determined that the lease was clear regarding the post office’s responsibility for snow and ice removal where the fall occurred. While the landlord had the responsibility for repairs, there was not a dangerous condition prior to the post office’s taking possession of the property. Once again, the clarity of the lease prevented the landlord from being liable for an injury caused by snow and ice when the tenant was responsible for their removal.  A lease is an important document that should provide both parties with a clear picture of their rights and responsibilities. If the intent of the lease is for the tenant to be responsible for the removal of snow and ice, the lease should clearly indicate that. Thus, should an accident occur due to the tenant’s negligence in failing to properly remove the snow and ice, the landlord will not face potential liability due to ambiguity in the lease.  While dealing with snow in the summer may not be the first thing a landlord may think about, it could prevent issues when the snow falls in the winter.  Steven is a member of our Casualty Department. He can be reached at (717) 651-3527 or SMSess@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.

Firm Highlights

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

Event

Florida Insurance Fraud Education Committee (FIFEC)

Sean and Alex will present, "Life Care Plans: From Low Impact to Policy Limits," focusing on the history and expanding use of life care plans in litigation and their ability to transform low impact injury claims to disproportionate high value claims. By focusing on the limitations of life care planners, Florida's tort-reform on medical damages, and the Daubert standard, extraordinary life care plans with inflated future medical care recommendations can be defended.

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

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.