Nicholas Malfitano May 5, 2015, 2:12pm


PHILADELPHIA – A Philadelphia man who had a $25,000 arbitration judgment entered against him in December claims he wasn’t served with proper notice of the decision and has asked the Philadelphia County Court of Common Pleas to strike it.

In her March 2014 complaint filed with the Court, Ramata Diane of Upper Darby claims on May 12, 2012, she was driving her 2007 Toyota Camry on City Avenue near Wynnewood Road in Ardmore.

At that time, Diane alleges she was struck in a rear-end collision by a 2003 Hummer vehicle driven by Tyrone Randall of Philadelphia. In the crash, Diane claimed to sustain severe injuries to her neck, back and nervous system, among a host of others, and filed a negligence lawsuit against Randall.

Diane’s complaint sought compensation for her “extensive” lost wages, medical bills and vehicle damage to her 2007 Toyota Camry. Diane demanded a judgment not to exceed $50,000, plus interest, court costs and attorney fees.

The matter came to arbitration in December, and arbitrators found for Diane in the amount of $25,000. Diane’s counsel filed a motion to enforce this judgment in January. However, Randall claimed he was never served with the paperwork declaring this decision had been reached.

Court records display Randall’s listed address as 1928 East Cambria Street in Philadelphia, but the defendant and his counsel claimed those same records indicated the judgment paperwork arrived to 4614 Canton Street instead.

Randall claimed to have never resided at this address and was unaware of the court being under the impression that he had in fact been served with notice of the judgment.

In response, the defendant and his counsel filed a Nunc pro tunc motion on Feb. 13, hoping to change the arbitration the judgment made two months prior. The plaintiff and her counsel opposed this action by filing a counter-motion, which then brought the matter before Judge Linda Carpenter of the Court of Common Pleas.

A hearing on the Nunc pro tunc motion and its response has been set for May 7 in the court chambers at Philadelphia City Hall.

The plaintiff is represented by Emanuel A. Coker, Sr. of Philadelphia.

The defendant is represented by Moira J. Poper, also of Philadelphia.

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