Nicholas Malfitano Sep. 8, 2015, 1:57pm


PHILADELPHIA – The plaintiff in a trip-and-fall lawsuit who settled her claims against the City of Philadelphia is seeking the settlement amount of $60,000.

On behalf of his client, Wojciech Paciorek of Philadelphia, attorney Val Pleet Wilson filed a motion to enforce settlement on July 14. Paciorek had previously agreed to settle her negligence claims against the City for $60,000, and though the City sent and received back a completed release form, Paciorek claimed the City never sent the actual settlement check.

In the motion to enforce settlement, Paciorek requested hand-delivery of the check within five days of the approval of the motion.

A hearing in this matter is set for Thursday at Philadelphia City Hall, in Court chambers.

On Jan. 19, 2014, Paciorek fell into a manhole at the intersection of Livingston & Elkhart Streets, allegedly due to the negligence of the City in not inspecting, maintaining or repairing the manhole cover, or warning passerby of that “dangerous condition.”

Paciorek suffered serious injuries and dysfunctions, impairments of body and bodily functions, trauma, pain and suffering, disfigurement, emotional distress property damage, costs and medical bills in excess of $1,500. The plaintiff then filed suit against the City in August 2014.

The plaintiff is seeking a sum in excess of $50,000, plus interest, costs, delay damages and punitive damages in this case.

The plaintiff is represented by Wilson in Philadelphia. 

The defendant is represented by Sheldon Kivell, also in Philadelphia.

Philadelphia County Court of Common Pleas case 140802871

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

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