Nicholas Malfitano Jul. 28, 2016, 2:47pm

PHILADELPHIA – A local court has directed the City of Philadelphia to deliver settlement funds to an escrow account for future distribution to a woman allegedly injured in an auto accident in order to resolve the related litigation.

Marc I. Simon filed motions to enforce settlement on April 22 on behalf of his client Cathy Bennett-Santos, who is seeking $140,000 per the terms of a settlement reached on June 26, with defendants Melvita Shamberger and the City of Philadelphia.

Simon stated the plaintiff agreed to pay the firm of Simon & Simon a 40 percent fee if the case was resolved by settlement in advance of trial.

Should the court desire further information, Simon said he would be willing to provide it through an in-camera hearing, since the plaintiff has refused to sign the settlement release.

Defense counsel Sheldon Kivell also filed an opposing motion, to enforce a settlement on May 13.

On July 25, Judge Lisa M. Rau issued a judicial order granting the initial motion and directed the City to submit the settlement funds of $140,000 to the Court, to be held in escrow within 120 days of the date of the order. Rau added the funds would remain there until a future determination is made by the Philadelphia Bar Association’s lawyer-client fee dispute resolution program, regarding the exact distribution of the settlement.

On Nov. 25, 2013, the suit states Bennett-Santos was a passenger in a vehicle traveling northbound at the intersection of 29th Street and Huntington Avenue. The defendant, Shamberger, was driving her motor vehicle at the same time place, and her alleged negligent driving caused a collision.

Bennett-Santos allegedly suffered serious and permanent personal injuries, impairment of bodily function, serious disfigurement and aggravation of injuries, and sued Shamberger and the City of Philadelphia for negligence and negligent entrustment under the respondeat superior theory of liability.

The plaintiff is seeking judgment in excess of $50,000, plus all costs and other relief in this case.

The plaintiff is represented by Simon of Simon & Simon, in Philadelphia.

The defendants are represented by Kivell of the City of Philadelphia’s Law Department, also in Philadelphia.

Philadelphia County Court of Common Pleas case 140604706

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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