Nicholas Malfitano May 27, 2016, 12:25pm


PHILADELPHIA – A hearing connected to cancelled arbitration sessions in a motorcycle crash case in the Philadelphia County Court of Common Pleas was rendered moot this week, in the wake of the case being settled prior to trial.

The case was transferred to binding arbitration on Dec. 28, though those sessions were apparently later cancelled and a status hearing on said cancellations was set for Thursday, per Judge Lisa M. Rau.

However, according to a letter addressed to Rau from plaintiff counsel Alan F. Galerman, the case was settled prior to assignment for trial, thus making the hearing on the cancelled arbitration sessions unnecessary.

Terms of the settlement were not disclosed.

On July 30, 2012, Yeadon resident Arthur Milano was driving a motorcycle with Philadelphia resident Marion Marzullo in tow as a passenger west on Oregon Avenue in Philadelphia, approaching its intersection with 19th Street. Milano’s motorcycle then allegedly came into contact with an unsecured and raised manhole cover that ejected both Milano and Marzullo from the motorcycle and caused permanent injuries to both plaintiffs.

The plaintiffs accused the defendants of failing to provide safe travel routes, failing to use due care and allowing this dangerous condition to exist.

Milano allegedly suffered full-body injuries, including severe spinal injuries, a right hip fracture, various neuropathies and severe bilateral carpal tunnel syndrome.

Marzullo allegedly fractured four of her right ribs, internal derangement of her right knee, C5 and C6 vertebrae injuries and severe bilateral carpal tunnel syndrome.

The plaintiffs were each seeking damages in excess of $50,000, plus interest and costs from the defendants in this case, the City of Philadelphia and the Philadelphia Water Department.

The plaintiffs were represented by Galerman of the Galerman Law Group, in Philadelphia.

The defendants were represented by Peter W. Baker of the City of Philadelphia’s Law Department, also based in Philadelphia.

Philadelphia County Court of Common Pleas case 140703421

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

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