Patricia Fecile-Moreland of MOODK’s Philadelphia office successfully handled the appeal of an order granting summary judgment in favor of MOODK’s client in the Court of Common Pleas of Montgomery County. The Trial Court granted summary judgment, holding that the Plaintiff failed to properly supplement the record with evidence which precluded summary judgment in favor of MOODK’s client. The Trial Court further concluded that the Plaintiff failed to comply with both the local rules of civil procedure and the appellate rules of civil procedure, further supporting the dismissal of the case. On appeal, the Plaintiff argued that the Trial Court erred in granting summary judgment because the Court failed to consider Plaintiff’s expert report which created a genuine issue of material fact. In the decision affirming the Trial Court, the Superior Court first concluded that Plaintiff failed to develop her claim that the expert report created a genuine issue of material fact precluding summary judgment, thus it was waived. Further, given the review is plenary, when viewing the record in its entirety including the Plaintiff’s expert report, the Superior Court opined that the expert’s opinions were based upon conjecture and not on facts or evidence in the record. Accordingly, the Superior Court affirmed summary judgment in favor of MOODK’s client.