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Dante C. Rohr

Portrait of Dante C.  Rohr

Dante concentrates his practice in complex litigation, with an emphasis on the defense of professionals, including lawyers, accountants, insurance brokers, real estate professionals and directors and officers in matters pertaining to malpractice, negligence and fraud. In addition, he has extensive experience defending architects and engineers, and construction defect matters. Dante also represents private companies as well as Housing Authorities in Florida in connection with employment, ADL, FHA, reasonable accommodation and discrimination claims made to state and federal agencies and courts. Dante additionally has extensive experience with insurance coverage and bad faith litigation, commercial litigation, and intellectual property matters. A trial attorney for over 20 years, Dante has litigated hundreds of cases in the state and federal courts of Florida, New Jersey and Pennsylvania, and has tried cases to verdict in all three states. 

Dante is registered to practice before the U.S. Patent and Trademark Office, and his practice includes Federal and state litigation involving patents, copyright, trademarks and trade secrets. He has represented many clients in intellectual property actions including claims for misappropriation of trade secrets and trademark infringement and has represented clients in Federal and State Courts and before the Trademark Trial and Appeals Board.

Dante also has significant admiralty and maritime law experience. As a member of the Maritime Litigation Practice Group, he has experience defending Jones Act claims, defending port facilities with regard to personal injury and property damage claims, maritime construction claims including pier and bulkhead collapses, cargo claims, vessel damage claims and limitation of liability actions.

Dante is admitted to the Bar in Florida, New Jersey, New York and Pennsylvania, the United States District Court for the Middle District of Florida, the District of New Jersey and Eastern District of Pennsylvania, as well as in the Court of Appeals for the Third and Sixth Circuits. Dante received his Bachelor of Science degree in Electrical Engineering from Drexel University and his juris doctor from Rutgers School of Law - Camden, New Jersey. Before joining the firm, Dante worked as an electrical design and control systems engineer in the manufacturing and machine design fields.

    • Rutgers Law School (J.D., 1998)
    • Drexel University (B.S., 1992)
    • New Jersey, 1998
    • Pennsylvania, 1998
    • U.S. District Court District of New Jersey, 1998
    • U.S. District Court Eastern District of Pennsylvania, 1999
    • U.S. Patent and Trademark Office, 2002
    • U.S. Court of Appeals 6th Circuit, 2005
    • U.S. Court of Appeals 3rd Circuit, 2006
    • New York, 2021
    • Florida, 2022
    • U.S. District Court Middle District of Florida, 2022
    • The Best Lawyers in America©, Commercial Litigation (2024-2027)
    • American Intellectual Property Law Association
    • Maritime Law Association
    • "The Need for Clarity in Counseling Customers," Legal Updates for Insurance Agents & Brokers, November 2018
    • Contributing Author, IP Claims Quarterly, 2017-present
    • Defense verdict after trial on the plaintiff’s statutory claims seeking recovery on an allegedly dishonored check issued by our client.
    • Defense verdict in legal malpractice action where the plaintiff alleged dissatisfaction with the settlement of an environmental and property lawsuit.
    • Obtained an involuntary dismissal at close of plaintiff's case in a trucking case arising out of the recovery of a wreck on the Pennsylvania Turnpike.
    • Successfully represented an insurance broker in a malpractice action arising out of Superstorm Sandy.  After a week of trial and the barring of testimony be plaintiff’s damages expert, the plaintiff accepted a settlement proposal on the client’s terms.
    • Successfully represented a solar energy contractor in a breach of contract suit involving the installation of solar panels on numerous public schools in the State of Hawaii. The matter was tried for over three weeks by a three person binding arbitration panel. After the conclusion of our case in chief, the plaintiff accepted a settlement upon our client’s terms.
    • Republic Franklin Ins. Co. v. Brethren Mut. Ins. Co., 824 Fed. Appx. 132 (3d Cir. 2020). The Third Circuit affirmed summary judgment in favor of our client on the scope of additional insured coverage for liability arising out of the use of the leased premises.  Applying Pennsylvania’s “but for” causation standard, the court held that the customer would not have slipped in the parking lot but for her patronage of the gas station and store, thus finding the incident fell within the coverage provided by the additional insured endorsement.
    • Shirey v. Turner, 2017 WL 1709811 (E.D.Pa. 2017).  District Court granted our motion to dismiss for improper service and lack of personal jurisdiction.  Our client lived and worked in Las Vegas and never visited Pennsylvania.  The Court noted that even though our client admitted receiving faxes and calls from the plaintiff, those communications alone were irrelevant for purposes of establishing jurisdiction.  With no other relevant contacts to the forum, the Court found no jurisdiction to exist.
    • Mattson v. Aetna Life Ins. Co., 653 Fed. Appx. 145 (3d Cir. 2016).  Affirming dismissal of the plaintiffs’ action under the NJ Civil Rights Act alleging communications from the insurer following submission of hospital bills arising from an auto accident were improper requests for payment. The Court held that the NJ Collateral Source Statute and Automobile Insurance Cost Reduction Act were not meant to benefit insureds, and neither were actionable under the CRA which only provided a cause of action for deprivations of certain rights protected by state law.
    • Morse v. Kaplan, 468 Fed. Apx. 171 (3d Cir. 2012).  An attorney-debt collector was sued in a purported class action, Fair Debt Collection Practices Act claim arising from debt collection letters sent on behalf of her client. The District Court granted our motion for summary judgment finding no violation of the FDCPA which was affirmed by the Third Circuit Court of Appeals.  Plaintiff had contended that the debt collection letters were false and misleading in violation of the FDCPA. The Third Circuit, applying the "least sophisticated consumer" standard to the debt collection letters sent out by the attorney on behalf of her client agreed with our position that the letters at issue were neither false nor misleading because they were written in the first person "I shall" throughout, it was clear that it is the attorney-debt collector who will assume the debt is valid if there is no response to the letter within 30 days, and the letter is not required to inform the debtor that the debt collector will provide the debtor with the name of the original creditor when, as was the case here, the creditor is the original creditor.
    • Boro Construction, Inc. v. Lenape Reg. High School Dist. Bd. of Edu. v. Digeronimo/Mikula Assoc., 445 Fed. Appx. 498 (3d Cir. 2011).  General contractor on project to construct a 400-meter running track for school district filed suit against the district alleging breach of contract. The school district filed a third party complaint against our client, the track designer, alleging that track failed to meet specifications. Specifically that it was not 400 meters. On appeal after trial in the district court, the Third Circuit affirmed judgment in favor of our client. The trial court found that the school district’s expert made a surveying error from which it concluded that the track did not meet specifications. As a result, the district had the track resurfaced and relined. The trial court rejected the district’s expert and credited DiGeronimo's testimony that the track as originally laid out and lined was 400 meters and met all contract specifications.
    • West v. American Honda Motor Co., 2008 WL 4104683 (D.N.J. 2008).  The district court granted our motion to dismiss on behalf of Honda for insufficiency of services of process and because the plaintiff failed to set forth a claim under the NJ Product Liability Act.
    • Maiale v. Procaccino, 2005 WL 3675330 (Pa.Com.Pl. 2005).  Affirming the trial court’s grant of summary judgment in favor of our client after baring plaintiff from presenting testimony of any expert witnesses.

Results

Summary Judgment Obtained in Contractual Indemnity and Defense Case

We obtained summary judgment in favor of our client on the plaintiff’s general contractor’s contractual indemnity and defense claims. The general contractor claimed it was owed defense and indemnity under its subcontract with our client. In a prior proceeding, the court entered judgment in favor of the owner against the general contractor for breach of contract and breach of warranty but rejected the owner’s claims of negligence and violation of the Florida Building Code. The court agreed with our arguments that the general contractor was estopped from bringing its contractual defense and indemnity claims against the subcontractor because there was a prior judicial determination that neither the general contractor nor our client was negligent, and the general contractor’s liability was based on its breach of contract and warranties. The court further agreed that the general contractor could not show that the subcontractor was negligent, where it had taken the position that there was no negligence in the construction and it did not present any affirmative evidence to support a claim of negligence on the part of the subcontractor.   

Florida Court Affirms Arbitrator’s Decision in Construction Defect Case

We successfully upheld an arbitrator’s ruling in a $13 million construction defect case, defeating claims that our client negligently recommended windows and doors for a coastal Florida home. The owners’ direct claims against the general contractor and our client, the window and door supplier and installer, were arbitrated. The owners claimed the window company misrepresented the fitness of the windows and doors for use in Florida’s coastal environment. We argued that the windows and doors were specified by the owner and architect and that our client performed proper due diligence by visiting the manufacturing facility and consulting with the manufacturer’s engineers with regard to the application. The arbitrator found no liability as to our client because there was no evidence it was negligent in its recommendation of the product.

Thought Leadership

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

July 1, 2024

Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate Neal Gerber & Eisenberg, LLP v. Lamb-Ferrara, --- So.3d --- (Fla. 3d DCA 2024) In 2008, Matthew Lamb and his wife retained the Illinois law firm of Neal Gerber to prepare their wills and estate plans. Mr. Lamb, a prominent artist owning considerable property and assets around the world, designated Florida as his domicile in his will and estate plans. He passed away in 2012, and his widow as executor of the will, retained Neal Gerber in connection with the Estate. On Neal Gerber’s advice, she retained Florida counsel to commence probate proceedings in Florida. Mrs. Lamb resigned as executor and personal representative and was replaced by her daughter, Sheila Lamb-Gabler, pursuant to the terms of the will. Neal Gerber continued its engagement after Ms. Lamb-Gabler became the Estate’s personal representative and did not formally terminate its engagement until 2019.  The Lambs’ two other daughters, as successor personal representatives of the estate, brought a malpractice suit against Neal Gerber alleging negligence in drafting the estate documents and handling the probate action. On appeal, the court upheld jurisdiction over Neal Gerber on the basis that Florida’s Long-Arm Statute may extend to non-resident defendants that perform estate services for an estate probated in Florida even where legal services may have been performed outside of Florida. The court rejected Neal Gerber’s arguments that its work was performed in Illinois; it never filed a notice of appearance or appeared as counsel of record in Florida; and had no office or presence in Florida when it admitted that is was retained by the Estate, which was probated in Florida, and drafted, reviewed and approved filings in the Florida probate action. The court further found that constitutional due process was satisfied based on the firm’s rendering estate planning services to Mr. Lamb with full awareness that he was domiciled in Florida and his will would be probated in Florida. Neal Gerber directed local counsel’s actions and prepared and filed the majority of filings in the Probate Action.  Accordingly, the Appellate Court held that Illinois counsel should have reasonably foreseen being hauled into court in Florida for issues arising from the activities it directed into Florida.    Legal Update for Lawyers’ Professional Liability – July 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. 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 © 2024 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

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.

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.