Sharon M. O'Donnell

Significant Representative Matters: Summary judgment on behalf of an art store chain in a racial discrimination suit over a caricature drawing of a Black woman and her infant son. She, her father and father's girlfriend, all visitors of a major Pennsylvania theme park, sued the owner of a park kiosk for race discrimination, retaliation and interference under 42 U.S.C. Section 1981, alleging that they were drawn with exaggerated and offensive features rooted in harmful racial stereotypes. They also alleged they were kicked out of the park. The kiosk owner argued that while the caricatures might have been poorly drawn, they were not drawn in any manner intended to be offensive, and while they were happy to see the angry father leave their kiosk, the family was not kicked out of the park. The Judge determined on summary judgment that no reasonable jury could find in favor of the plaintiffs on all three claims and dismissed the action.; Defense Verdict: Alleged racial discrimination case brought by a former African American seventh grade mathematics teacher for a suburban Philadelphia school district, who, although tenured, was informed by his union president that he could be terminated after two unsatisfactory performance evaluations. Having already received one, and with one likely on the way, he chose to resign. Three months thereafter he read his own name in the local newspaper amongst various racial slurs that had been exchanged between the former superintendent of the school district and its athletic director. A jury found that his separation from his employment was not based upon his race.; Defense verdict in favor of public school, administrators and professional staff alleged to have violated civil rights of freedom of speech, written expression and religious expression of students by disciplining them, up to and including expulsion, for protesting a dress code policy.; Directed verdict in favor of a public school board sued by a former member, represented by ACLU attorneys, on a theory of a First Amendment violation of free speech, among other claims, which were voluntarily abandoned prior to trial.; Defense verdict by a federal jury in favor of a local college in an alleged unlawful retaliation claim where all alleged Title VII race discrimination claims were voluntarily abandoned on the eve of trial.; Defense verdict by a county jury in favor of a credit collection agency alleged to have unlawfully withheld salary and commission to a former executive.; Defense verdict on ten separate counts of alleged unlawful gender discrimination by a federal jury in a three-week trial.; Defense verdict by county jury in favor of a medical professional by a former patient who alleged negligence in performing bilateral reduction mammoaplasties.; Summary judgment in a professional negligence action brought against a psychologist alleged to have breached the standard of care when she dated and married the husband of a client within two years of providing the last client service.; Summary judgment on various claims, including 42 U.S.C. 1983, brought in a complex federal court action under the Americans with Disabilities Act against a county District Attorney and his professional staff in which exemplary and significant compensatory damages were sought, resulting in an overall satisfactory outcome.; Summary judgment for a defendant general practice physician who provided medical care to a prison inmate who alleged First, Fourth, Fifth, Eighth, and Fourteenth Amendment violations against the facility and its medical staff.; Summary judgment on behalf of a defendant breast surgeon alleged to have breached the standard of care in performing and following bilateral TRAM flap reconstruction procedures following bilateral mastectomies.; Summary judgment for employer of supervisor-employee who sent text-message with racial epithets to subordinate of color in demonstrating that internal investigation and corrective measures were sufficient to eradicate perception of a racially hostile work environment.; Mediation resulting in a $250,000 settlement in a professional liability action against an architect alleged to have breached the standard of care where over $1 million in damages were sought for the repair and reconstruction of a commercial property.; Mediation resulting in a $50,000 settlement in an action against an acute care facility and anesthesiologist involving alleged wrongful termination of a nurse anesthetist whose wage loss claim alone was $250,000.; Mediation resulting in a settlement under six figures in an alleged race discrimination and unlawful retaliation claim brought by a former assistant superintendent of a school district in which the claimed damages, including attorneys fees, exceeded $1 million.; Published Works: 'U.S. Supreme Court Pulls the Plug on DOMA and Opens the Floodgates to Litigation,' Defense Digest, Vol. 19, No. 3, September 2013; 'A Judgment that Doesn't Bear Repeating, ' PBA Civil Litigation Section Newsletter, Civil Litigation Update, Vol. 6, No. 1, Winter, 2001; 'Plaintiff Rues Preclusive Effect of Workers' Compensation Decision in Third Party Tort Action, ' Defense Digest, June Vol. 6, No. 3, 2000; 'Pennsylvania Bar Claims for Sexual Assault Where Repressed Memory Delays Commencement of Suit, ' Pennsylvania Bar Association Quarterly, Vol. 69, No. 4, Oct., 1998; 'Repressed Memory of Sexual Assault Does Not Trigger Discovery Rule, ' Pittsburgh Legal Journal, Vol. 123, No. 223 Daily Ed., Nov. 25, 1997