David G. Tomeo

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Marshall Dennehey
• Representative Cases & Transactions
  Cases

  Significant Representative Matters: Obtained summary judgment on behalf of an obstetrician in a medical malpractice action. The plaintiff alleged that our client did not obtain the requisite informed consent from our client to undergo a trial of labor after having two prior cesarean section deliveries ('TOLAC x2'). The court found that the plaintiff's lack of informed consent claim was without foundation as she had an awareness of the risks of TOLAC x2. Rather, the court found that her claim was premised on the assertion that the physician performing the TOLAC x2 failed to convert the TOLAC to a C-section quickly enough when complications arose. The court held that as matter of law our client had no obligation to discuss the risk that the doctor in the delivery room may wait too long to pivot to a C-section, which was the actual cause of the plaintiff's alleged harm.
  Obtained a dismissal in the Superior Court of New Jersey on personal jurisdiction grounds of a multi-count complaint brought by a New Jersey based medical laboratory against our client, an Arizona company which provides both medical services
  health insurance to Arizona residents. The plaintiff argued that our client was amenable to suit in this State, asserting that our client had business interactions with the laboratory in New Jersey. In opposition, we were able to establish that not only was such assertion untrue, but also that any claims sent by the plaintiff to our client for testing services would have been processed in Arizona
  that our client did not have any contacts - much less the constitutionally m
  ated minimum contacts - necessary for personal jurisdiction in New Jersey. In addition, finding that the plaintiff did not conduct any due diligence before filing suit,
  did not make any attempt to take jurisdictional discovery while the motion was pending, the Court dismissed the action with prejudice in New Jersey, despite the plaintiff's argument that a dismissal without prejudice was appropriate, thus leaving to the courts of Arizona whether such a dismissal has preclusive effect in any suit brought there under these facts.
  Obtained summary judgment for a large insurance carrier in a coverage action in New Jersey Superior Court, Essex County. The client's insured, a sports
  recreation facility, named the company in a third-party complaint seeking coverage for injuries allegedly sustained by plaintiff in a tennis court accident. The subject policy had an express condition requiring the provision to the carrier of a waiver
  release signed by a participant in connection with the submission of a claim. Having to concede that a waiver
  release was not obtained nor provided to the carrier in connection with the claim, the insured tried to 're-write' the condition to say that a waiver
  release was not required as the plaintiff bypassed the system in place,
  participated without authorization. In a case of apparent first impression in New Jersey, the Court found the policy language clear
  unambiguous
  enforced it as written, declining the insured's invitation to engage in 'linguistic gymnastics' to find against our client.
  Published Works: Navigating a New Legal L
  scape: Protecting the Corporate Veil in the Med Mal Suit
  New Jersey Law Journal, New Jersey Law Journal, May 14, 2024
  'Turnabout is Fair Play: When an Expert Switches Sides on the Eve of Trial,' New Jersey Law Journal, Medical Malpractice Supplement, May 8, 2023
• Additional Links
  https://marshalldennehey.com/attorneys/david-g-tomeo