Nicholas Malfitano Sep. 8, 2015, 2:11pm


PHILADELPHIA – A motion to enforce settlement filed by the defendant in a motor vehicle accident action was granted in the Philadelphia County Court of Common Pleas.

On Thursday, the Court approved a motion to enforce settlement filed by Jay L. Edelstein, counsel for defendant Brandon Burkholder, of Ephrata. Burkholder had previously agreed to settle the October 2011 motor vehicle negligence suit brought against him by plaintiff Noe Perez of Philadelphia for $10,000.

Burkholder had a release forwarded to plaintiff counsel on June 6, 2012, which it appeared they would accept. However, no response or official execution of the release has since been made by the plaintiff or their counsel. Burkholder requested the case be finally closed and a release signed within 10 days of the docketing of the order.

On April 21, 2011, Perez was driving at 27th & Poplar Streets in Philadelphia, when Burkholder’s allegedly negligent driving at that same location and time caused a collision. Perez’s lawsuit claimed Burkholder was driving inattentively, speeding and driving unsafely.

Perez suffered serious and permanent personal injuries in the accident, including C5-C6 and C8-C11 vertebrae radiculopathy, cervical and thoracic sprain and strain, and other injuries. Perez also incurred medical costs in excess of both the Pennsylvania Motor Vehicle Financial Responsibility Law and the Workers’ Compensation Act.

The plaintiff is seeking a sum not in excess of $50,000 in this case, plus attorney’s fees and costs.

The plaintiff is represented by David E. Kwartler of the Law Offices of Craig A. Altman, in Philadelphia. 

The defendant is represented by Jay L. Edelstein of Edelstein Law, also in Philadelphia.

Philadelphia County Court of Common Pleas case 111000315

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

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