Nicholas Malfitano Jul. 7, 2016, 3:33pm


PHILADELPHIA – According to a Philadelphia judge, a settlement enforcement motion from a sidewalk fall case between one defendant and the City of Philadelphia will be upheld – leaving the City subject to its terms.

Kurt E. Kramer filed this motion on April 18, in connection with a $45,000 settlement reached with the City of Philadelphia and plaintiff Lois Maratea Marino, at a Dec. 22 settlement conference.

Defendant Nello Natcchione agreed to settle contractual claims made against him by the City for $20,000, and the City supposedly agreed to pay Natcchione 50 percent of the cost of a medical examination performed by a doctor on behalf of the defendants – but according to Natcchione, the City has not yet done this or responded to several messages on the subject over the course of January to March of this year.

Natcchione feels the City is in breach of contract by failing to execute the necessary settlement agreement in a reasonable amount of time, and asked for it to be financially sanctioned as a result. Further, Natcchione wants a judicial order compelling the City to execute the release within 10 days, pay court costs of $58, pay sanctions of $500 (to be reduced from the settlement paid by Natcchione to the City) and pay $400 for the costs of the joint defense examination.

Per Philadelphia County Court of Common Pleas Judge John M. Younge, on June 30, Younge decreed the City was required to execute the general release and provide Natcchione with the information necessary for the issuance of the settlement within 7 days of the order, less $400 for the cost of the joint defense exam and less $558 – for the court costs of Natcchione filing the motion ($58) and sanctions ($500).

“It is further ordered that the City shall pay plaintiff the settlement amount of $45,000, plus counsel fees of $500 and filing costs of $58 within 45 days of July 1, 2016,” Younge said. “It is further ordered if the City fails to comply with this order, the City is subject to further sanctions, per motion to the court.”

On Feb. 17, 2013, the defendants allegedly allowed a dangerous condition to exist on the 1800 block of Dudley Street in Philadelphia, specifically, uneven blacktop. This condition caused Marino to fall, due to a failure to inspect, maintain or repair the blacktop on the part of the defendants; the City of Philadelphia, its Water Department and Natcchione, the plaintiff claims.

Due to the accident, Marino allegedly suffered a joint knee replacement, plus back, shoulder and other injuries.

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

The plaintiff is represented by William Calandra in Philadelphia.

The defendant is represented by Robert K. O’Grady of the City of Philadelphia’s Law Department and Kramer of Capehart Scatchard, in Mount Laurel, N.J.

Philadelphia County Court of Common Pleas case 141101618

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

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