Nicholas Malfitano Nov. 5, 2015, 8:40am


PHILADELPHIA – Counsel for both the mother of a minor child injured in a pedestrian-vehicle collision and the child herself want the defendants in that suit found in contempt for allegedly violating a court order.

Michael A. Hanamirian filed the contempt petition on Sept. 10, charging Philadelphia defendants Lynn Picariello and Richard Picariello Jr. with disregarding a May 11 order from the Philadelphia County Court of Common Pleas.

That order stipulated an approved $25,000 settlement between the defendants and plaintiffs Essence Jones and her minor daughter, Khyra Jones-McCants, in addition to the payment of plaintiff counsel fees. Per the order, the settlement amount was supposed to be forwarded directly to Hanamirian. However, the petition states a check was instead forwarded directly to Jones. 

Further, Jones-McCants’ share of the settlement was set at $8,112.67. In the contempt petition, the plaintiffs ask for the defendants to be found in contempt for violating the terms of the order, the aforementioned amount of $8,112.67, in addition to counsel fees at the rate of $400 per hour – the amount supposedly expended by the plaintiffs since May 11 to resolve the issue at hand.

A hearing in this matter was set for Monday in Court chambers, at Philadelphia City Hall.

On July 2, 2012, Khyra was a pedestrian playing in the street on the 2000 block of East Sergeant Street in Philadelphia, when she walked into the street and was struck by a 2007 Kia Sportage owned by Lynn Picariello and driven by Richard Picariello Jr., the suit says.

The suit says Picariello failed to have his vehicle under control, use his brakes, stop for and observe pedestrians and follow the proper right-of-way.

Khyra suffered serious and permanent personal injuries to her body and limbs, serious head injuries and severe nervous system shock in the collision, the suit says.

The plaintiffs are seeking judgment, individually, jointly and severally, in excess of $50,000, plus attorney’s fees, costs, delay damages, pre- and post-judgment interest and other relief in this case.

The plaintiffs are represented by Hanamirian of the Hanamirian Firm, in Philly.

The defendants are represented by Lori C. Miller of Goldberg Miller & Rubin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 140604397

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

More News