Nicholas Malfitano Jul. 2, 2015, 12:38pm


PHILADELPHIA – According to court records, a motor vehicle accident case is set for an arbitration hearing in August, though the case’s plaintiff had received the desired settlement funds.

Philadelphia resident Deborah L. Johnson had settled a previous motor vehicle accident with fellow Philadelphia resident Donalyn Craig on Oct. 3, with Craig’s provider Erie Insurance of Media, mandated to pay Johnson $15,000 by Oct. 28.

In a Nov. 21 motion to enforce collection of the settlement amount, Johnson’s counsel also sought an interest rate of 4.25 percent on that amount from the 21st day of the order until the date of delivery, along with $471.16 for court filings, plus attorney’s fees of $495 per hour.

However, Erie Insurance claimed the funds could not be disbursed without final approval from Medicare through a conditional payment letter. Further, the defendants claimed to be unaware Johnson’s Medicare coverage was “not confirmed” or status “not eligible” and that the Social Security Number on file for her was incorrect.

The motion to enforce collection of the settlement was denied by Judge Linda Carpenter of the Philadelphia County Court of Common Pleas on Dec. 19. A Jan. 13 motion for reconsideration was denied by Carpenter once again three days later.

Though Johnson later received the $15,000 in settlement funds on March 12, according to court records, counsel for Johnson filed a motion for sanctions on May 13, seeking other fees to be collected that were not paid within 20 days of the executed release.

As Johnson previously confirmed receipt of the settlement funds, the plaintiff is now seeking $225.30, representing a 4.25 percent interest rate on the aforementioned settlement amount covering a period from Oct. 28 to March 16; a series of miscellaneous court cost fees totaling $629.20; and $1,912.50 in attorney fees.

An arbitration hearing in this matter has also been set for Aug. 19.

The plaintiff is represented by Brad S. Tabakin of Galerman, Tabakin & Wolfe, in Plymouth Meeting.

The defendants are represented by John H. McCarthy of Philadelphia and David A. DuBois of Rawle & Henderson, also in Philadelphia.

Philadelphia County Court of Common Pleas case 141102212

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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