Nicholas Malfitano May 27, 2016, 12:23pm


PHILADELPHIA – A plaintiff allegedly injured in a sidewalk fall outside a Philadelphia café is seeking the Philadelphia County Court of Common Pleas to enforce a settlement in a lawsuit resulting from that incident.

On behalf of his client John Boneu, Alexander J. Ginsburg filed a motion to enforce settlement on March 28. In addition to the agreed-upon settlement funds of $66,000, Ginsburg said the defendants should be ordered to pay interest from March 17 to the date of delivery for the settlement funds, plus attorney’s fees.

A Feb. 17 mediation hearing led to the arrival at the $66,000 settlement between Boneu and Philadelphia-based defendants Michael Brown, Papa’s Caribbean Soul Café, Blue Mountain Café, the City of Philadelphia, Donovan Woolery and Sheila Woolery.

Per the terms of the settlement, the Woolerys and the Caribbean Soul Café would pay $45,000, Brown would pay $20,000 (with $10,000 upfront and the remaining $10,000 paid over the course of 29 months), and the City would pay $1,000.

On March 11, counsel for the Woolerys and the Caribbean Soul Café proposed the terms of the settlement release be amended into separate releases – so their clients wouldn’t be prejudiced if Brown breached the settlement terms.

According to Ginsburg’s motion, no defendant has paid any of the funds associated with the $66,000 settlement or presented a joint tortfeasor release. Ginsburg further argued the payment of attorney’s fees was applicable for refusal on the part of the defendants to comply with the settlement terms.

Ginsburg is seeking those settlement terms to be enforced, along with additional payments of interest, costs and attorney’s fees. In a Thursday hearing, Judge Lisa M. Rau entered a $20,000 judgment against Brown in this matter.

On June 29, 2013, the defendants owned, possessed and/or controlled the sidewalk at 5514 Rising Sun Avenue in Philadelphia, which was allegedly defective and served to injure Boneu. Boneu argues the defendants’ failure to correct the dangerous condition of the unlevel sidewalk was the proximate cause of his accident.

Boneu allegedly suffered a superior retinacular tear and an anterior talofibular tear of the right ankle, requiring surgery. As a result of the first surgery, Boneu developed an infection – which required a second surgery to correct.

The plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000 in this case.

The plaintiff is represented by Peter Bowers and Ginsburg, in Philadelphia.

The defendants are represented by Kenneth R. Manyin of Roach Leite & Manyin in Cherry Hill, N.J., John P. Morgenstern and Carl H. Delacato Jr. of Deasey Mahoney & Valentini in Philadelphia, and James P. Faunes of the Assistant City Solicitor’s Office, also in Philadelphia.

Philadelphia County Court of Common Pleas case 140602210

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

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