Nicholas Malfitano Jul. 30, 2015, 1:10pm


PHILADELPHIA – A pair of defendants in a motor vehicle accident action dating back a decade have withdrawn a request to remove the case from its previously-designated deferred status.

Brian and Joseph McClure of Painted Post, N.Y., filed a motion on July 16 to officially rescind their June 3 request to make the litigation initiated by Marla Washington of Columbia, S.C., active once again, after it had been deferred in April 2008, due to Washington’s active-duty status in the U.S. Army.

The history of this case dates back to a lawsuit filed on Dec. 31, 2007, related to a car crash on South Broad Street which occurred in Philadelphia, on May 29, 2005.

Washington was driving her 1996 Mazda Protégé on South Broad Street, when she was stopped at a red light and rear-ended by Brian McClure, who was driving Joseph McClure’s 1998 Plymouth Voyager and allegedly in an intoxicated state at the time of the crash, the suit says.

Washington suffered various serious injuries in the crash, and listed charges of negligence and willful, wanton misconduct against Brian McClure and negligent entrustment against Joseph McClure. 

After the lawsuit was filed on Dec. 31, 2007, the matter was set for arbitration the following month and later postponed the following month to April 2008. However, the case was deferred due to Washington’s being deployed to Fort Stewart in Georgia, due to her active-duty military status.

Nearly five years later, Washington filed a motion on Feb. 8, 2013 with intent to proceed in the lawsuit, but defense counsel claim she has not maintained any further contact with the litigation, or confirmed whether her military status remains active, even after a claims representative from the McClures’ insurance carrier, Safeco Insurance, offered her a settlement of $25,000.

A hearing in this matter was scheduled for Thursday in Court chambers at Philadelphia City Hall.

The plaintiff is seeking not in excess of $50,000, plus interest, court costs, attorney’s fees and punitive damages.

The plaintiff is represented by Ricardo A. Byron in Bala Cynwyd.

The defendant is represented by Andre J. Webb, of Baginski, Mezzanotte, Hasson & Rubinate, in Philadelphia.

Philadelphia County Court of Common Pleas case 070502598

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

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