Nicholas Malfitano Feb. 5, 2016, 11:40am


PHILADELPHIA – A scheduled settlement hearing has been canceled in the case of a Philadelphia man suing a pair of motorists and the Southeastern Pennsylvania Transportation Authority (SEPTA) for injuries he sustained in a car-bus collision.

Frank P. Annunziato had filed a motion to enforce settlement on Dec. 10, saying the matter involving plaintiff Richard R. Olivo and defendants Lucas Da Silva, Rosiare Da Silva and SEPTA had been settled for $7,500 on July 24 – but that the release and order to settle, discontinue and end the matter had not been signed and returned to defense counsel.

However, Judge Lisa M. Rau rendered the motion moot and the hearing originally set for Thursday canceled, since the parties involved resolved their issues on Jan. 19.

On May 18, 2014, Olivo was a passenger on a SEPTA bus near the 4900 block of Frankford Avenue, when the bus was rear-ended by a vehicle operated by Lucas and owned by Rosiare. Olivo was injured in the collision, due the defendant’s alleged negligent and unsafe driving.

Olivo believed since he did not own a motor vehicle, SEPTA was required to pay him personal injury protection benefits of $5,000.00. Since SEPTA refused to make that payment, Olivo felt they intentionally acted in bad faith to create financial inconvenience and hardship to him.

The plaintiff was seeking damages in excess of $50,000, plus interest, costs and delay damages from the Da Silvas, plus damages that may or may not exceed $50,000, plus interest, costs and delay damages from SEPTA in this case.

The plaintiff is represented by Kyle J. Keller of Levy Baldante Finney & Rubenstein, in Philadelphia.

The defendants are represented by Annunziato of Hubshman & Flood in Plymouth Meeting, and Penny J. Scott-Sedley in Philadelphia.

Philadelphia County Court of Common Pleas case 141100041

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

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