Nicholas Malfitano Jan. 11, 2016, 2:37pm


PHILADELPHIA – A plaintiff allegedly injured in a fall at a Philadelphia-area YMCA has settled with the organization, according to Philadelphia County Court of Common Pleas records.

Stephen B. Lavner filed a motion to enforce settlement on Aug. 28, on behalf of his client, Lyn Thomas of Philadelphia. Lavner then indicated a May 1 mediation session led to a settlement offer of $120,000 to his client, but Thomas did not execute the settlement. 

The terms of the original settlement release would prevent Thomas from filing a malpractice claim in the future, and objected on that basis through her counsel. Lavner claimed the defense’s “failure to consent to preparation of a revised release to protect claims is wrongful.” 

After a Dec. 3 hearing in this matter, Judge Lisa M. Rau decided at that time to deny Lavner’s motion to enforce the settlement and scheduled a Jan. 7 status hearing in the case.

However, the case docket revealed on Jan. 5, defense counsel Michelle Sergent Kaas submitted correspondence to the prothonotary of the Philadelphia County Court of Common Pleas to mark the matter as “settled, discontinued and ended with prejudice.” Terms of the final settlement were not disclosed.

On July 6, 2012, Thomas was at the Abington YMCA facility, when she tripped and fell on a step missing a gripper when exiting the women’s locker room. Thomas alleged the defendants’ collective negligence in not ensuring the steps were able to be used safely directly led to her fall, and sued the YMCA of Philadelphia & Vicinity, Abington YMCA and Philadelphia Freedom Valley YMCA.

The plaintiff had sought damages in excess of $50,000, plus costs, interest, delay damages, attorney’s fees and other relief in this case.

The plaintiff was represented by Lavner of Friedman Schuman in North Wales, and Robert H. Nemeroff in Jenkintown.

The defendants were represented by Joseph M. Toddy and Kaas of Zarwin Baum DeVito Kaplan Schaer & Toddy, in Philadelphia.

Philadelphia County Court of Common Pleas case 140601332

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

More News