About Dylan J. Smith

Dylan is an associate attorney in the Casualty Department, where he concentrates his practice on product liability, premises liability, and automobile liability matters.

He earned his juris doctor from Temple University Beasley School of Law, graduating cum laude. During law school, Dylan pursued various hands-on learning opportunities. He interned at a plaintiff’s firm, focusing on the Boy Scouts of America Bankruptcy Litigation. In his third year, he contributed to the Systemic Justice Project at the Stephen and Sandra Sheller Center for Social Justice, where he assisted clients in filing motions to waive court fees associated with their convictions and proposed a rule change to the Pennsylvania Supreme Court to streamline court processes. Additionally, he held an externship with the City of Philadelphia's Tort Litigation unit.

Before law school, Dylan gained litigation experience as a legal practice assistant at a Philadelphia defense firm, supporting cases in patent, antitrust, and labor and employment law. He holds both a Bachelor and Master of Science in Mechanical Engineering from Drexel University.

Results

Successful Trial Outcome: Defense Prevails in Premises Liability Case

We secured a defense verdict in Delaware County after a four-day jury trial in a premises liability case against a local school. The plaintiff, a student, suffered an Achilles heel injury when cut by a door edge and claimed diminished leg function and Chronic Regional Pain Syndrome (CRPS). Despite undergoing two surgeries, neither her surgeons nor treating physicians diagnosed CRPS. During trial, the defense highlighted that the student returned the following year as undefeated captain of the school’s tennis team, winning at the state level. The case involved aggressive cross-examination of medical and liability experts, along with surveillance evidence of the plaintiff. Before trial, the demand was $1 million, while the school offered $200,000 at mediation-an offer the plaintiff rejected, walking out and refusing further negotiations. After just 2.5 hours of deliberation, the jury ruled in the school’s favor.

Thought Leadership

Defense Digest

Tsunami or Business as Usual: What Does the New Motorcycle Lemon Law Hold for Pennsylvania?

June 1, 2025

Key Points: Effective May 18, 2025, purchasers of new motorcycles in Pennsylvania may bring Lemon Law suits. A nonconformity in a newly-purchased motorcycle must manifest “within a period of one year following the actual delivery of the motorcycle to the purchaser or during the term of the warranty, whichever may occur first.” The applicable Lemon Law period for newly-purchased motorcycles in Pennsylvania will typically be one year.After multiple legislative attempts and years of effort, effective May 18, 2025, purchasers of new motorcycles in Pennsylvania may bring Lemon Law suits. Most recently reintroduced in the Pennsylvania State Senate by Republican State Senator Michele Brooks in January 2023, Pennsylvania’s Lemon Law now provides similar consumer protections to purchasers of new motorcycles in Pennsylvania as those afforded to purchasers of new cars. Receiving bipartisan support, the addition of motorcycles to Pennsylvania’s Lemon Law was signed into law by Governor Josh Shapiro in November 2024.Pennsylvania is far from the first state to allow buyers of new motorcycles to bring Lemon Law suits. Pennsylvania now joins Arizona, Hawaii, Kansas, Maine, Massachusetts, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, Wisconsin, and Wyoming as states that permit the filing of motorcycle Lemon Law suits.State Lemon Laws throughout the country, including Pennsylvania, are intended to supplement federal consumer protection remedies-such as the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act and the Uniform Commercial Code-and to provide stronger protections for consumers. Under these state laws, consumers are given an avenue in civil court to enforce warranties issued by manufacturers of new motor vehicles. In Pennsylvania, manufacturers have a duty to “repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety” of a new motor vehicle purchased for personal, family, or household use. 73 Pa.C.S. 1954(a). If there is a nonconformity in a new motor vehicle within the first 12 months or 12,000 miles of ownership, whichever comes first, and the manufacturer fails to repair the nonconformity after more than three repair attempts, or if the vehicle is out of service by reason of any nonconformity for a cumulative total of 30 or more days, then the vehicle is a presumptive lemon. 75 Pa.C.S. 1956. Under Pennsylvania’s Lemon Law, a purchaser of a new motor vehicle that is a presumptive lemon can demand a repurchase of the vehicle by the manufacturer or have the vehicle swapped with a vehicle of comparable value. 75 Pa.C.S. 1955.As of May 18, 2025, purchasers of new motorcycles in Pennsylvania for personal, family, or household use can now make the same demand if there is a nonconformity in the newly-purchased motorcycle. A distinct difference, however, is that the nonconformity in the motorcycle must manifest “within a period of one year following the actual delivery of the motorcycle to the purchaser or during the term of the warranty, whichever may occur first.” 75 Pa.C.S. 1954. As most motorcycle manufacturers provide limited warranties for newly purchased motorcycles ranging from one to three years, the applicable Lemon Law period for newly purchased motorcycles in Pennsylvania will typically be one year.So what does this change to Pennsylvania’s Lemon Law mean for motorcycle manufacturers? Will motorcycle manufacturers be swept up in a tsunami of Pennsylvania Lemon Law suits now that the Commonwealth’s Lemon Law covers motorcycles? While it is too soon to say for sure, the answer is likely no. Recent motorcycle registration data is instructive. In 2021, there were 8,575,569 motorcycles registered in the United States, but only 18,226 new motorcycles were purchased that same year, or 0.2% of all registered motorcycles. Eric Teoh, Motorcycles Registered in the United States, 2002-2021, 7 (Insurance Institute for Highway Safety) (March 2021). By way of stark contrast, there were 15,016,030 new cars and light trucks sold and leased in the United States in 2021. New and Used Passenger Car and Light Truck Sales and Leases, Bureau of Transportation Statistics, https://www.bts.gov/content/new-and-used-passenger-car-sales-and-leases-thousands-vehicles. While the addition of motorcycles to Pennsylvania’s Lemon Law is worth highlighting and keeping an eye on, at this juncture, motorcycle manufacturers need not panic. Rather than lawsuits, perhaps motorcycle manufacturers should really be worried that they are not selling enough new motorcycles. Defense Digest, Vol. 31, No. 2, June 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.

 

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Services

Areas of Law

  • Products Liability 1
    • Product Liability
  • Insurance 2
    • Automobile Liability
    • General Liability
  • Other 1
    • Premises & Retail Liability

Practice Details

  • Firm Information
    Position
    Associate
    Firm Name
    Marshall Dennehey
  • Representative Cases & Transactions
    Cases
    Representative Cases & Matters: Obtained summary judgment on behalf of our client, a nonprofit organization, in a premises liability action in the Eastern District of Pennsylvania. The plaintiff allegedly fractured her leg after slipping
    falling on an icy walkway outside the client's community center. We argued that her claims were barred by a liability waiver she signed as part of her membership application. Although the plaintiff denied signing the waiver, the court ordered targeted discovery,
    both parties retained h
    writing experts. The court ultimately found that the defense had persuasively established the authenticity of the signature
    that the plaintiff's unsupported denials were insufficient to create a genuine dispute of material fact. Summary judgment was entered in favor of our client.
    Assisted in securing a defense verdict in Delaware County after a four-day jury trial in a premises liability case against a local school. The plaintiff, a student, claimed an Achilles heel injury
    Chronic Regional Pain Syndrome (CRPS), despite medical evidence to the contrary. The defense, which included aggressive cross-examination of medical
    liability experts, along with surveillance evidence, successfully demonstrated the plaintiff's return as an undefeated captain of the school's tennis team. The case also featured a rejected $200,000 mediation offer before the plaintiff's dem
    of $1 million. After 2.5 hours of deliberation, the jury ruled in favor of the school.
    Successfully obtained an order granting a Petition to Open a Default Judgment in the Philadelphia Court of Common Pleas, allowing the client to defend a motor vehicle liability claim involving a $17,945.25 judgment-much of which exceeded the policy limits. The ruling significantly reduced the risk of an excess verdict
    preserved the client's right to litigate the matter.
  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    2024, Pennsylvania
  • Education & Certifications
    Law School
    Temple University Beasley School of Law
    Class of 2024
    J.D.
    cum laude
    Other Education
    Drexel University
    Class of 2020
    M.S.
    Mechanical Engineering

    Drexel University
    Class of 2020
    B.S.
    Mechanical Engineering
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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    Dylan J. Smith was admitted in 2024 to the State of Pennsylvania.
  • What year was this attorney's law firm established?
    Marshall Dennehey was established in 1962.